N.Y. Comp. Codes R. & Regs. tit. 4 § 74.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 74.1 - Definitions

(a) The term plan or dental insurance plan means the group dental insurance provided under the contract or contracts entered into pursuant to article XI of the Civil Service Law, and any amendments thereto, including all the benefits provided thereunder, and all conditions and limitations applicable thereto pursuant to such contracts or as prescribed by the President of the Civil Service Commission.

(b) The term employer or an employer shall include the State of New York (in all its branches, departments and agencies and certain departments and agencies of the State maintained and financed from special or administrative funds) and any participating employer. The term participating employer shall mean the public authorities, public benefit corporations and quasi-public organizations of the State which elect, with the approval of the President of the Civil Service Commission, to include their employees in the plan.

(c) The term employee means any person in the service of the employer:

(1) who is in a negotiating unit covered by the provisions of an agreement negotiated pursuant to article 14 of the Civil Service Law providing for participation in this plan;

(2) who has been designated as managerial or confidential;

(3) who is employed in the Division of Military and Naval Affairs;

(4) who is a paid elected official or a paid member of a public legislative body or who is employed by such body as other than a session employee;

(5) who is a State-paid member of the Judiciary or a State-paid employee thereof; or

(6) who is employed by the New York State Public Employment Relations Board;

provided, however, the term employee shall not include any person whose regular work schedule is less than half-time, unless such person is a paid elected official or a paid member of a public legislative body; and further provided that no person shall be deemed to be an employee for the purposes of this plan who is employed by a public educational institution on other than a full-time basis and who is a student therein enrolled for a degree.

(d) The term dependent shall include the spouse of an employee. It shall also include such person's unmarried child 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, excluding, however, any person who is in the Armed Forces of any country. The term child shall be deemed to include any natural born child, any legally adopted child and any stepchild dependent upon the employee, any child dependent upon the employee during any waiting period prior to the finalization of the child's adoption by the employee, and any child chiefly dependent on the employee and permanently residing in the household of the employee.

(e) The term student dependent means an employee'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 and is a full-time student at an accredited secondary or preparatory school or college and is not otherwise eligible for employer group coverage; provided, however, that any 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 eligibility as a student dependent.

N.Y. Comp. Codes R. & Regs. Tit. 4 § 74.1