New York Codes, Rules and Regulations
Title 4 - DEPARTMENT OF CIVIL SERVICE
Chapter V - Regulations Of The Department Of Civil Service (president's Regulations)
Part 75 - Managerial/confidential Group Term Life Insurance Plan
Section 75.1 - Definitions

Current through Register Vol. 44, No. 38, September 21, 2022

(a) The term plan means the group term life insurance provided under contract with an insurer, and amendments thereto, including all the benefits provided thereunder, and all conditions and limitations applicable pursuant to such contracts or as prescribed by the President of the Civil Service Commission for employees serving in positions designated managerial/confidential pursuant to article 14 of the Civil Service Law.

(b) The term insurer means an insurance corporation or company subject to supervision by the New York State Insurance Department. The insurer shall be designated by the president.

(c) The term employer shall include the State of New York (in all its departments and agencies and those departments and agencies of the State maintained and financed from special or administrative funds) and any participating employer. The term participating employer shall mean a county, city having a population of less than one million inhabitants, town, village or any other political subdivision or civil division of the State, a school district or any governmental entity operating a public school, college or university, a public improvement or special district, a public authority, commission or public benefit corporation, or any other public corporation, agency or instrumentality or unit of government which exercises governmental powers under the laws of this State, which elects, with the approval of the president, to include its employees and retirees in the plan.

(d) The term employee means any person in the service of an employer on or after the effective date of the extension of this plan to employees of such employers serving in a position designated managerial/confidential pursuant to article 14 of the Civil Service Law. Persons employed on a full-time basis by the Public Employment Relations Board shall be deemed designated managerial or confidential for the purposes of this Part. The Director of Employee Relations, with respect to the State of New York, shall certify to the president those positions of the State designated managerial/confidential pursuant to article 14 of the Civil Service Law. The Public Employment Relations Board shall certify to the president positions, other than positions with the State, designated managerial/confidential by the board pursuant to article 14 of the Civil Service Law.

(e) The term retiree shall mean a person who has become enrolled in the plan as an employee and whose coverage is being continued after withdrawal from the active service of the employer under the eligibility privileges of the plan and who either:

(1) has retired as a member of the 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; or

(2) is a member of a retirement or pension plan or system referred to in paragraph (1) of this subdivision who is qualified to retire under such plan or system, but who elects to defer receipt of the pension after withdrawal from the active service of the employer; or

(3) was not a member of a retirement or pension plan or system referred to in paragraph (1) of this subdivision, and is withdrawn or does withdraw from the active service of an employer after attaining such age and service requirements as would have been required to retire as a member of the New York State and Local Employees' Retirement System.

(f) The term dependent shall include the spouse of an employee or retired employee. It shall also include such person's unmarried child 15 days of age or older but under 19 years of age, any unmarried child 19 years of age or older who is incapable of self-support by reason of mental or physical disability and who became so incapable before reaching the age at which dependent coverage would otherwise terminate, and any student dependent as hereinafter defined. The term child shall include any natural born child, any legally adopted child and any stepchild dependent upon the employee or retired employee, and any child dependent upon the employee or retired employee during any waiting period prior to the finalization of the child's adoption by the employee or the retired employee. Dependent shall not include, however, any person:

(1) who is the employee's or retired employee's child and is covered as an employee, or as a dependent of another employee or retired employee under the plan; or

(2) who is in the Armed Forces of any country; or

(3) who resides outside the United States or Canada; or

(4) for whom evidence of acceptability for coverage furnished in accordance with the provisions of this Part is not accepted as satisfactory; or

(5) who, in the case of a retiree, was not insured immediately prior to the effective date of retirement, except dependents acquired after retirement.

(g) The term student dependent means an employee's or retiree's unmarried child 19 years of age or older but not yet 25 years of age who receives more than half of his support from the employee or retiree and is a full-time student at an accredited secondary or preparatory school or college and is not otherwise eligible for coverage; provided, however, that the time spent on military duty as defined in paragraph (b) of subdivision 1 of section 243 of the Military Law, not to exceed four years, shall be subtracted from the age of such child for purposes of determining the maximum age for such a dependent. A child shall continue to be considered a dependent upon reaching age 19 notwithstanding the fact that he attains such age during a vacation period or during a period between semesters while then enrolled on a full-time basis or that he attains such age during the vacation following graduation from high school and at that time anticipates entering an accredited educational institution at the end of the vacation period. A dependent shall be considered a full-time student during vacation periods or periods between semesters.

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