New York Laws
Article 11 - Health Benefits for State and Retired State Employees
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 pursuant to Title 10 of the United States Code, with the
armed forces of the United States or to service in the uniformed
services pursuant to Chapter 43 of Title 38 of the United States Code,

and such member died on such active duty or service in the uniformed
services on or after June fourteenth, 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 or in the
uniformed services.