Department of Civil Service

NY94-06

TO: SUNY Health Benefits Administrators
FROM: Employee Benefits Division
SUBJECT: Clarification of NYS Health Insurance Program Coverage for Part-Time Academic Employees
DATE: March 24, 1994

The purpose of this memorandum is to clarify NYSHIP health benefits and UUP Benefit Trust Fund eligibility of part-time faculty in accordance with provisions of the contract between the State and United University Professions.

Negotiations between the State and the United University Professions for the period 1988-1991 resulted in an agreement that, for the first time, established part -time academic employees who teach two or more courses in any one semester (Fall or Spring) are eligible for health insurance benefits for that semester and therefore also were eligible for continuation of Employee Benefit Fund benefits. Such employees are entitled to employer contribution for the NYS Health Insurance Program and the UUP Benefit Trust Fund only during the Fall and/or Spring semester(s), as appropriate. The employees' entitlement to receive these employer contributions ceases with the end of the semester in which they are employed.

This agreement was extended beyond 1991 in language set forth in Section 39.12(c), (d) and (f), and continues in full force and effect in the current agreement between UUP and the State.

Over time some campuses have mistakenly permitted part-time academic employees who taught two or more courses in the Spring semester to continue enrollment in the NYS Health Insurance Program during the summer by making an employee contribution. As a result, these employees have also received an employer contribution.

In order to correct this error on a prospective basis, the State and UUP have agreed to "grandfather" those employees who erroneously received an employer contribution for the summer of 1993. This means they will be allowed to have an employer conibution made for their NYSHIP coverage, as well as a Benefit Trust Fund Contribution for as long as they teach two or more courses each Fall and Spring semester and are expected to return and teach two or more courses in the subsequent Fall semester. Such grandfathered part-time academic employees shall receive an employer contribution to the NYS Health Insurance Program and the UUP Benefit Trust Fund until such time as a break occurs in the consecutive semesters in which they teach two or more courses. Upon such break, these employees shall no longer be eligible to continue coverage during the intervening summer but shall be treated pursuant to Section 39.12(c), (d) and (f) of the UUP agreement with respect to coverage during the Fall and Spring semesters. Please note that for employees serving on the basis of single semester appointments the recess between semesters is NOT considered a break in service for the purpose of the "grandfather" provision.

Campuses that permitted part-time academic employees to continue coverage under the NYS Health Insurance Program past the end of 1993 Spring semester must forward a list of such employees names and social security numbers to the Employee Benefits Division by April 21, 1994. Only those employees whose names are submitted and who actually were covered during the summer of 1993 will be allowed such coverage during future summer months.

Part-time academic employees first hired for the Fall 1993 semester and current part-time academic employees whose eligibility was never affected by this error will be subject to terms of coverage in accordance with Articles 39.12(c), (d) and (f) of the current UUP contract regardless of the type of appointment they possess (eg: temporary, term or continuing). They may continue coverage during the summer months only by exercising their COBRA continuation privilege. HBAs should assure that these new employees receive the correct information about their benefits status for upcoming summer periods.

This memo pertains only to part-time academic employees covered pursuant to Article 39.12(c), (d) and (f) of the current United University Professions agreement. Part-time professional employees covered pursuant to Articles 39.12(e) are not affected.

Please also note that the UUP agreement does not apply to the "summer" session. Summer session employees are ineligible for NYSHIP coverage regardless of the number of courses taught, or whether the summer session is less than or greater than six biweekly payroll periods. Furthermore, such summer employment does not count as a continuation of service from the preceding Spring semester for extending benefits beyond the end of the Spring semester, even if the employee will be working continuously through into the Fall semester - nor does Summer service count toward satisfaction of any eligibility criteria (eg: 42 day waiting period for new employees) for coverage in the subsequent Fall semester.

Questions regarding this should be directed to your Agency Services Representative.