163 - Eligibility for benefits.

§ 163. Eligibility  for benefits. 1. All persons in the service of the  state, whether elected, appointed or employed, who elect to  participate  in  such  health  benefit plan shall be eligible to participate therein,  provided, however, that the president may adopt such regulations  as  he  or   she   may  deem  appropriate  excluding  temporary,  part  time  or  intermittent employment.    2. The contract or contracts shall provide  for  health  benefits  for  retired employees of the state and of the state colleges of agriculture,  home  economics, industrial labor relations and veterinary medicine, the  state  agricultural  experiment  station  at  Geneva,  and   any   other  institution  or  agency  under  the  management  and  control of Cornell  university as the representative of the board of trustees of  the  state  university  of  New  York,  and  the state college of ceramics under the  management and control of Alfred university as the representative of the  board of trustees of the state university of New York, and their spouses  and dependent children as defined by the regulations of  the  president,  on  such  terms as the president may deem appropriate, and the president  may authorize the inclusion in the plan of  the  employees  and  retired  employees  of  public  authorities,  public benefit corporations, school  districts,   special   districts,   district   corporations,   municipal  corporations  excluding active employees and retired employees of cities  having  a  population  of  one  million  or   more   inhabitants   whose  compensation  is or was before retirement paid out of the city treasury,  or   other   appropriate   agencies,   subdivisions   or    quasi-public  organizations  of  the state, including active members of volunteer fire  and  volunteer  ambulance  companies  serving  one  or  more   municipal  corporations  pursuant  to  subdivision seven of section ninety-two-a of  the general municipal law, and their spouses and dependent  children  as  defined  by  the  regulations  of  the  president. Any such corporation,  district, agency or organization electing to  participate  in  the  plan  shall  be  required  to  pay  its proportionate share of the expenses of  administration of the  plan  in  such  amounts  and  at  such  times  as  determined  and  fixed  by  the  president. All amounts payable for such  expenses of administration shall be paid to the commissioner of taxation  and  finance  and  shall  be  applied  to  the  reimbursement  of  funds  previously  advanced  for such purposes. Neither the state nor any other  participant in the plan shall be charged with the particular  experience  attributable  to  the employees of the participant, and all dividends or  retroactive rate credits shall be distributed pro-rata  based  upon  the  number of employees of such participant covered by the plan.    3.  The  president  shall adopt regulations prescribing the conditions  under which an employee or retired employee may elect to participate  in  or   withdraw  from  the  plan.  Such  regulations  may  also  prescribe  conditions under which an employee whose service terminates and  who  is  entitled to a vested retirement allowance may continue to participate in  the  plan;  such  condition shall include a requirement that such person  pay the  full  cost  of  such  coverage  following  termination  of  his  employment  and  prior  to commencement of the payment of his retirement  allowance, unless such person becomes currently entitled to, but  defers  receipt  of,  a  retirement  allowance  or  pension from a retirement or  pension plan or system administered and operated by  the  state  of  New  York,  or  a  civil  division  thereof,  including  the  New  York state  teachers'  retirement  system  and  the  optional  retirement   programs  established  under  article  three,  part  V, and article eight-B of the  education law.    4. Any public authority, public benefit corporation, school  district,  special  district, district corporation, municipal corporation, or other  agency, subdivision or quasi-public organization  of  the  state,  whoseemployees  and  retired  employees  are authorized to be included in the  plan as provided by subdivision two, may elect to  participate  in  such  plan.  Any  such  election  shall  be  exercised  by  the  adoption of a  resolution  by  its  governing  body  and,  in the case of any municipal  corporation where a resolution of its governing body is required by  law  to  be approved by any other body or officer, such resolution shall also  be approved by such other body or officer. Any such election may be made  with respect to inclusion in the plan of  both  its  employees  and  its  retired  employees at the same time, or may be made only with respect to  its employees alone and at another time  with  respect  to  its  retired  employees.   Any   such   authority,   corporation,   district,  agency,  subdivision  or  organization  making  such  election  shall  become   a  participating  employer  under  such  plan, subject to and in accordance  with the regulations of the president relating thereto.    5. The chief fiscal officer of any such participating  employer  shall  be  authorized  to deduct from the wages or salary paid to its employees  who are participants in such health benefit plan the sums required to be  paid by them under  such  plan.  Each  such  participating  employer  is  authorized  to appropriate such sums as are required to be paid by it as  its share in connection with the operation of such plan.    6.  The  president  shall  have  power  and  authority  to  make  such  inspection  of  the  employment and payroll records of any participating  employer concerning any of its employees who  are  participants  in  the  health insurance fund as he may deem necessary.    7. For purposes of eligibility for participation in the health benefit  plan  no  person shall be deemed to be a state officer or employee or to  be in the service of the state unless his salary or compensation is paid  directly by the state, and no person shall be deemed  to  be  a  retired  officer  or  employee  of  the  state  unless his salary or compensation  immediately preceding his retirement was paid  directly  by  the  state;  provided,  however,  that  all  active  and  retired  justices,  judges,  officers and employees of the supreme court, surrogate's  court,  county  court, family court, civil court of the city of New York, criminal court  of  the  city of New York and district court in any county, officers and  employees of the office of probation for the courts  of  New  York  city  shall  be  eligible for participation in the health benefit plan whether  or not their salaries are paid or before retirement were  paid  directly  by the state.    8.  Notwithstanding any other law, rule or regulation to the contrary,  where the state and an employee organization representing state officers  and  employees  who  are  in  positions  which  are  in  the  collective  negotiating  unit  established by chapter four hundred three of the laws  of nineteen hundred eighty-three enter into  a  collectively  negotiated  agreement  pursuant  to  article fourteen of this chapter providing that  officers and employees who hold positions in such unit on or after April  first, nineteen hundred eighty-four and who immediately upon termination  from such position are eligible to receive  a  retirement  benefit  from  either  the  New  York  state  or New York city retirement systems shall  continue to be eligible to participate  in  the  employee  benefit  fund  established  by section two hundred six-a of the state finance law, such  officers and employees upon retirement shall continue to participate  in  and  receive  the benefits of such fund as provided in such collectively  negotiated agreement and shall not be eligible to receive and shall  not  receive  from  the statewide health benefit plan established pursuant to  this article coverage for benefits  covered  by  such  employee  benefit  fund.