Section 12-126. Health insurance coverage for city employees, persons retired from city employment, and dependents of such employees and retirees

a.  Definitions. As used in this section, the following terms shall have the
  meaning hereinafter stated:
    i. "City employee." A person: (1) who is employed by a  department  or
  agency of the city; and (2) is paid out of the city treasury; and (3) is
  employed  under  terms  prescribing  a work week regularly consisting of
  twenty or more hours during the fiscal year; and (4) is not employed  by
  the board of education.
    ii.  "City  retiree."  A  person  who:  (1)  is receiving a retirement
  allowance, pension or other retirement  benefit  from  a  retirement  or
  pension  system  either  maintained by the city or to which the city has
  made contributions on behalf of such person pursuant to subdivision  (g)
  of  section  80-a  of  the  retirement  and social security law; and (2)
  immediately prior to such  person's  retirement  as  a  member  of  such
  system,  was  a  city  employee,  or  was  an  employee  of the board of
  education  employed  under  terms  prescribing  a  work  week  regularly
  consisting  of  twenty or more hours during the fiscal year; and (3) had
  at the time of retirement, at least five years of credited service as  a
  member  of  such  retirement  or  pension  system,  except that (A) such
  requirement of credited service shall not apply in cases  of  retirement
  for accident disability, and (B) the requirement of credited service for
  vested retirement and service retirement shall be at least ten years for
  a  person  who was not an employee of the city or the board of education
  on or before the effective date of the local law that added this clause.
    iii. "Dependent." The spouse of a city employee or city retiree or any
  child  of  a  city  employee  or  city  retiree  during  the  period  of
  eligibility  of  such  child  for  coverage under the insurance contract
  applicable to such employee  or  retiree;  provided,  however,  that  no
  spouse  or  child  of  any  such  employee  or retiree shall be deemed a
  dependent after the death of such employee or retiree.
    iv.     "Health     insurance     coverage."     A     program      of
  hospital-surgical-medical   benefits   to  be  provided  by  health  and
  hospitalization insurance contracts entered into between  the  city  and
  companies providing such health and hospitalization insurance.
    b.  Payment of health insurance costs. Except as otherwise provided in
  section  12-126.1  and  section  12-126.2  of  this  chapter,  for  city
  employees, city retirees and their dependents:
    * (1)  The  city will pay the entire cost of health insurance coverage
  for city employees, city retirees, and their dependents, not  to  exceed
  one  hundred  percent  of  the  full cost of H.I.P.-H.M.O. on a category
  basis.   Where such health  insurance  coverage  is  predicated  on  the
  insured's  enrollment  in  the hospital and medical program for the aged
  and disabled under the Social Security Act, the city will pay the amount
  set forth in such act under 1839 (a) as added by title XVIII of the 1965
  amendment to the Social Security Act; provided that  such  amount  shall
  not  exceed  the sum of nineteen dollars and fifty-three cents per month
  per individual for the period beginning January first, nineteen  hundred
  eighty-eight   and   ending   December  thirty-first,  nineteen  hundred
  eighty-eight, and provided further however that such  amount  shall  not
  exceed  the  sum  of twenty-seven dollars and ninety cents per month per
  individual for the period  beginning  January  first,  nineteen  hundred
  eighty-nine   and   ending   December   thirty-first,  nineteen  hundred
  ninety-one, and provided further that such amount shall not  exceed  the
  sum  of  twenty-nine  dollars  per  month  per individual for the period
  beginning January first, nineteen hundred ninety-two and ending December
  thirty-first, nineteen hundred ninety-five. Provided further, that  such
  amount  shall  not  exceed  the  sum of thirty-two dollars per month per

  individual  effective  January  first,  nineteen   hundred   ninety-six.
  Provided  further,  that  such  amount  shall  not  exceed  the  sum  of
  thirty-eight dollars and  seventy  cents  per  month  effective  January
  first,  two thousand and provided further that each year thereafter, the
  City shall reimburse covered employees in an amount equal to one hundred
  percent of the Medicare Part-B premium rate applicable to that year.
    * NB The validity of local law 39 of 2001 is currently  a  subject  of
  disagreement  between the Mayor and the City Council. This certification
  is not intended as a legal opinion as to the validity of the local  law,
  other than certifying the truth of the facts presented herein.
    (2) Health insurance coverage for surviving spouses, domestic partners
  and  children  of  police  officers, firefighters and certain other city
  employees:
    (i) Where the death of a member of the uniformed forces of the  police
  or  fire  departments  is  or was the natural and proximate result of an
  accident or injury sustained while  in  the  performance  of  duty,  the
  surviving  spouse  or  domestic  partner,  until he or she dies, and the
  children under the age of nineteen years  and  any  such  child  who  is
  enrolled  on a full-time basis in a program of undergraduate study in an
  accredited degree-granting institution of higher  education  until  such
  child  completes  his  or  her educational program or reaches the age of
  twenty-three years, whichever comes first, shall be afforded  the  right
  to  health  insurance  coverage,  and health insurance coverage which is
  predicated on the insured's  enrollment  in  the  hospital  and  medical
  program  for  the aged and disabled under the social security act, as is
  provided for city employees, city retirees and their dependents  as  set
  forth  in  paragraph  one  of  this  subdivision.  Where  the death of a
  uniformed  member  of  the  correction  or  sanitation  departments  has
  occurred  while  such  employee was in active service as the natural and
  proximate result of  an  accident  or  injury  sustained  while  in  the
  performance  of duty, the surviving spouse or domestic partner, until he
  or she dies, and the child of such employee who  is  under  the  age  of
  nineteen  years  and any such child who is enrolled on a full-time basis
  in a program of undergraduate study  in  an  accredited  degree-granting
  institution  of  higher  education until such child completes his or her
  educational program or reaches the age of twenty-three years,  whichever
  comes  first,  shall be afforded the right to health insurance coverage,
  and health insurance coverage  which  is  predicated  on  the  insured's
  enrollment in the hospital and medical program for the aged and disabled
  under  the  social security act, as is provided for city employees, city
  retirees and their dependents as set forth  in  paragraph  one  of  this
  subdivision.  Where  the  death of an employee of the fire department of
  the city of New York who was serving in a title whose duties  are  those
  of  an  emergency  medical  technician  or  advanced  emergency  medical
  technician (as those terms are defined in section three thousand one  of
  the  public health law), or whose duties required the direct supervision
  of employees whose duties are those of an emergency  medical  technician
  or  advanced emergency medical technician (as those terms are defined in
  section three thousand one of the public  health  law)  is  or  was  the
  natural and proximate result of an accident or injury sustained while in
  the  performance  of  duty  on or after September eleventh, two thousand
  one, the surviving spouse or domestic partner, until he or she dies, and
  the children under the age of nineteen years and any such child  who  is
  enrolled  on a full-time basis in a program of undergraduate study in an
  accredited degree-granting institution of higher  education  until  such
  child  completes  his  or  her educational program or reaches the age of
  twenty-three years, whichever comes first, shall be afforded  the  right
  to  health  insurance  coverage,  and health insurance coverage which is

  predicated on the insured's  enrollment  in  the  hospital  and  medical
  program  for  the aged and disabled under the social security act, as is
  provided for city employees, city retirees and their dependents  as  set
  forth in paragraph one of this subdivision. The mayor may, in his or her
  discretion,  authorize  the  provision of such health insurance coverage
  for the surviving spouses, domestic partners and children  of  employees
  of  the  fleet services division of the police department who died on or
  after October first, nineteen  hundred  ninety-eight  and  before  April
  thirtieth,  nineteen  hundred  ninety-nine,  and  the surviving spouses,
  domestic partners and children of employees of the  roadway  repair  and
  maintenance  division of the department of transportation who died on or
  after  September  first,  two  thousand  five   and   before   September
  twenty-eighth,  two  thousand  five, and the surviving spouses, domestic
  partners and children of employees of the bureau of wastewater treatment
  of the department of environmental  protection  who  died  on  or  after
  January eighth, two thousand nine and before January tenth, two thousand
  nine  as  a  natural  and  proximate  result  of  an  accident or injury
  sustained while in the performance of duty, subject to the  same  terms,
  conditions  and limitations set forth in the section. Provided, however,
  and notwithstanding any other provision of  law  to  the  contrary,  and
  solely for the purposes of this subparagraph, a member otherwise covered
  by  this  subparagraph  shall  be deemed to have died as the natural and
  proximate result of  an  accident  or  injury  sustained  while  in  the
  performance  of duty upon which his or her membership is based, provided
  that such member was in active service upon which his or her  membership
  is  based at the time that such member was ordered to active duty, other
  than for training purposes, pursuant to Title 10 of  the  United  States
  Code,  with  the armed forces of the United States, and such member died
  while on active duty on or after the effective date of local law  number
  ninety-six  of the city of New York for the year two thousand five while
  serving on such active military duty.
    (ii) Where a retired  member  of  the  fire  department  dies  and  is
  enrolled  in  a  health  insurance  plan,  the surviving spouse shall be
  afforded  the  right  to  such  health  insurance  coverage  and  health
  insurance  coverage  which  is predicated on the insured's enrollment in
  the hospital and medical program for the aged  and  disabled  under  the
  social  security act as is provided for retirees and their dependents as
  set forth in subparagraph (i) of this paragraph, provided such surviving
  spouse pays one hundred two percent of the group rate for such coverage,
  with two  percent  intended  to  cover  administrative  costs  incurred,
  provided  such  spouse  elects such health insurance coverage within one
  year  of  the  death  of  his  or  her  spouse.  For  purposes  of  this
  subparagraph,  "retired  member  of  the  fire department" shall include
  persons who, immediately prior to retirement, were employed by the  fire
  department  of the city of New York in a title whose duties are those of
  an emergency medical technician or advanced emergency medical technician
  (as those terms are defined in section three thousand one of the  public
  health  law),  or  whose  duties  required  the  direct  supervision  of
  employees whose duties are those of an emergency medical  technician  or
  advanced  emergency  medical  technician  (as those terms are defined in
  section three thousand one of the public health law).
    (iii) Where a retired  member  of  the  police  department,  including
  premerger  retirees  who  were  police officers employed by the New York
  city housing authority or the New York city transit authority, dies  and
  is  enrolled  in  a health insurance plan, the surviving spouse shall be
  afforded  the  right  to  such  health  insurance  coverage  and  health
  insurance  coverage  which  is predicated on the insured's enrollment in
  the hospital and medical program for the aged  and  disabled  under  the

  social  security act as is provided for retirees and their dependents as
  set forth in subparagraph (i) of this paragraph, provided such surviving
  spouse pays one hundred two percent of the group rate for such coverage,
  with  two  percent  intended  to  cover  administrative  costs incurred,
  provided such spouse elects such health insurance  coverage  within  one
  year of the death of his or her spouse.
    c.  Any  amount  paid  by  the  city pursuant to subdivision b of this
  section shall not be deemed to be salary, wages or  compensation  within
  the  meaning of any law relating to any retirement or pension system and
  shall not be considered or included for  the  purpose  of  computing  or
  determining employee or city contributions or the rights, allowances and
  benefits   to  which  a  city  employee  or  such  employee's  heirs  or
  beneficiaries shall become entitled  under  any  retirement  or  pension
  system;   and   shall   not  be  construed  as  a  change  of  grade  or
  classification or as a promotion to higher grade or position.
    d. Such health insurance coverage as is provided  under  this  section
  shall be administered by office of labor relations.