New York Civil Service Law
Regulations Governing the Health Benefit Plan; Advisory Committee
160. Regulations governing the health benefit plan; advisory committee.
1. The president, subject to the provisions of this article, is hereby empowered to establish regulations relating to:
(1) the eligibility of (a) active and (b) retired employees to participate in the health benefit plan authorized by this article, (2) the terms and conditions of the insurance and/or plan administrator contract or contracts, as applied to (a) active employees and (b) retired employees, and
(3) the purchase of such insurance and/or plan administrator contract or contracts and the administration of such health benefit plan. The president shall adopt such further regulations as may be required for the effective administration of this article, including the right to require advance payments of any portion of the amount required to be paid by any participating employer as its share in connection with the operation of the health benefit plan hereunder.
2. The president, in his discretion, is hereby empowered to make, amend and rescind, from time to time, regulations establishing a dental insurance plan which shall be a part of the health insurance plan authorized by this article. Such regulations may provide for negotiating unit, employee and employer participation or nonparticipation, employee, dependent and retiree eligibility or noneligibility and such contribution rates as the president may determine even though such regulations establish standards which differ from those applicable by law to other parts of such health insurance plan. The president is hereby authorized and directed to provide in such regulations for participation in the dental insurance plan by retirees; provided, however, that the claims experience for retirees shall be separately rated and premiums established separate from other participants in the plan and provided further that the full costs of participation in such plan, including all administrative costs, shall be borne by such retirees. Considering the dental insurance plan as a whole, no regulation enacted pursuant to this subdivision shall provide or permit a benefit structure inconsistent with the most efficient and economical administration of such plan.
3. Notwithstanding any inconsistent provision of this article, no rule or regulation shall be adopted, repealed or amended, and no other action taken with respect to state employees affecting the rate of or eligibility for benefits under this article, without the approval of the director of employee relations.