N.Y. Comp. Codes R. & Regs. tit. 4 § 78.2

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

Section 78.2 - Coverage

(a) The following eligible employees shall be covered employees under the plan:

(1) eligible employees initially hired into State service on or after January 1, 1986 who have no prior creditable service;

(2) eligible employees having prior creditable service who elect to participate in the plan; and

(3) eligible employees with prior creditable service who were formerly covered under the plan.

(b) A covered employee shall be eligible for a short-term disability benefit. A covered employee who has rendered at least six months of active service and is a member of a public retirement system of this State or its political subdivisions or participates in an optional retirement program shall be eligible for a long-term disability benefit.

(c) Enrollment as a covered employee shall cease effective close of business on the calendar day preceding the day on which an employee becomes ineligible to continue participation in the plan; provided, however, that an employee who is disabled and who has applied for or who is eligible for or who is receiving an Income Protection Plan benefit at the time his or her enrollment ceases shall continue to be eligible to apply for and to receive such benefit until the cessation of that incidence of disability, age 65 or death, whichever occurs first.

(d) A covered employee granted a leave of absence without pay for a period not to exceed one year, who becomes disabled while on such leave, shall become eligible for plan benefits effective on the day following the date such leave was due to expire.

(e) A covered employee granted a leave of absence without pay for more than one year is ineligible for plan benefits with respect to any incidence of disability which commenced during the period of such leave.

(f) A covered employee shall be ineligible for plan benefits for each day for which such employee receives family leave benefits pursuant to article 9 of Workers' Compensation Law.

N.Y. Comp. Codes R. & Regs. Tit. 4 § 78.2

Amended New York State Register February 21, 2018/Volume XL, Issue 08, eff. 2/21/2018