Title 4 Part 75

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.

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.

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.

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.

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:

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:

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.

Assessments of proportionate shares of expenses of administration of the plan shall be made annually on March 31st, in accordance with a formula approved by the president. With respect to participating employers, a statement of each assessment shall be sent to the appropriate fiscal officer and shall show the formula used and the actual computation of the assessment. Such assessment shall be payable by a participating employer within 30 days after such statement is rendered, by check made payable to the fund, and forwarded to the president. Failure to pay any such assessment promptly shall constitute cause for expulsion. Assessments of proportionate shares of expenses of administration of the plan for the State shall be submitted to the State Commissioner of Taxation and Finance.

Upon the request of the governing body of any authority, corporation, district, agency, subdivision or organization eligible to become a participating employer accompanied by a certificate of the chairman or other presiding officer thereof certifying as to the number of its employees who would be eligible to participate in the plan, the president shall provide an estimate of the costs, including assessments for administrative expenses, based on current and anticipated charges at the time of the estimate, which would have to be paid by such authority, corporation, district, agency, subdivision or organization on account of the coverage of its employees and their dependents in the plan.

All records in the possession of the employer or its officers or agents which have a bearing on the participation of employees or retirees in the plan, or which otherwise have any bearing on the administration or operation of the plan, shall be open to the inspection of representatives of the president and the insurers at reasonable times.

If an employer withdraws from the plan, it shall give notice of intention to withdraw to the president and to its covered employees and retirees at least 60 days in advance of the last date for which coverage will be provided. An employer who withdraws or is expelled from the plan shall not be eligible to rejoin the plan for one year following such withdrawal; provided, however, that upon the request of an employer who has withdrawn from the plan, the president may in the exercise of discretion and for good cause shown, reduce or waive such one year waiting period.

The president may expel and employer from the plan upon finding that fraud or abuses in the administration of the plan have been committed or permitted by the acts or neglect of its officers or agents, or that the employer has failed to carry out satisfactorily its duties and responsibilities as required under the plan and by this Part. Such expulsion shall be effective not sooner than two months after notice thereof has been given by the president to the employer.