165-A - Continuation of state health benefit plans for survivors of employees of the state and/or of a political subdivision or of a public authority.

§ 165-a. Continuation  of  state health benefit plans for survivors of  employees of the state and/or of a political subdivision or of a  public  authority.  Notwithstanding  any other provision of law to the contrary,  the president shall permit the unremarried spouse  and  the  dependents,  otherwise  qualified  as  eligible for coverage under regulations of the  president, of a person who was an employee of  the  state  and/or  of  a  political subdivision thereof or of a public authority for not less than  ten years, provided however, that the ten-year service requirement shall  not  apply  to such employees on active military duty in connection with  the Persian Gulf conflict who die on or after  August  second,  nineteen  hundred ninety while in the Persian Gulf combat zone or while performing  such  military  duties,  who  had been a participant in any of the state  health benefit plans, to continue under the coverage which such deceased  employee had in effect at  the  time  of  death,  upon  the  payment  at  intervals determined by the president of the full cost of such coverage,  provided,  however, that the unremarried spouse of an active employee of  the State who died on or after April first nineteen hundred seventy-five  and before April first nineteen hundred seventy-nine who timely  elected  to  continue  dependent  coverage, or such unremarried spouse who timely  elected  individual  coverage  shall  continue  to  pay   at   intervals  determined  by  the  president one-quarter of the full cost of dependent  coverage and provided further, that, with regard  to  employees  of  the  State,  where  and  to  the extent that an agreement pursuant to article  fourteen of this chapter so provides, or where the director of  employee  relations,  with  respect to employees of the State who are not included  within a negotiating unit so recognized or certified pursuant to article  fourteen of  this  chapter  whom  the  director  of  employee  relations  determines  should  be  declared eligible for the continuation of health  benefit plans for the survivors of such  employees  of  the  State,  the  president shall adopt regulations providing for the continuation of such  health  benefit  or  benefits  by  the  unremarried  spouse of an active  employee of the State who died on or after April first nineteen  hundred  seventy-nine   who  elects  to  continue  dependent  coverage,  or  such  unremarried  spouse  who  elects  individual  coverage,  and  upon  such  election  shall pay at intervals determined by the president one-quarter  of the full cost  of  dependent  coverage  and,  provided  further  with  respect  to  enrolled  employees  of  a  political subdivision or public  authority in a negotiating unit  recognized  or  certified  pursuant  to  article fourteen of this chapter, where an agreement negotiated pursuant  to said article so provides, and with respect to enrolled employees of a  political   subdivision  or  public  authority  not  included  within  a  negotiating unit so recognized or certified, at the  discretion  of  the  appropriate  political  subdivision or public authority, the unremarried  spouse of an active employee of the  political  subdivision  or  of  the  public  authority  who  died  on  or  after April first nineteen hundred  seventy-five,  may  elect  to  continue  dependent  coverage   or   such  unremarried  spouse may elect individual coverage and upon such election  shall pay at intervals determined by the president  one-quarter  of  the  full cost of dependent coverage.    The president shall adopt such regulations as may be required to carry  out the provisions of this subdivision which shall include, but need not  be limited to, provisions for filing application for continued coverage.    Notwithstanding any law to the contrary, the survivors of any employee  subject to this section shall be entitled to the health benefits granted  pursuant  to  this  section,  provided  that such employee died while on  active duty other than for training purposes, pursuant to  Title  10  of  the  United States Code, with the armed forces of the United States, and  such member died on such active duty on or after the effective  date  ofchapter one hundred five of the laws of two thousand five as a result of  injuries,  disease or other medical condition sustained or contracted in  such active duty with the armed forces of the United States.