CVS-21-08-00001-P Special Enrollee Positions Designated for Inclusion in the Income Protection Plan (IPP)

5/21/08 N.Y. St. Reg. CVS-21-08-00001-P

NEW YORK STATE REGISTER

VOLUME XXX, ISSUE 21

May 21, 2008

RULE MAKING ACTIVITIES

DEPARTMENT OF CIVIL SERVICE

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. CVS-21-08-00001-P

Special Enrollee Positions Designated for Inclusion in the Income Protection Plan (IPP)

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed action:

This is a consensus rule making to amend section 78.9 and repeal Appendix 5 of Title 4 of NYCRR.

Statutory authority:

Civil Service Law, section 158

Subject:

Special enrollee positions designated for inclusion in the income protection plan (IPP).

Purpose:

To update and regulate the list of special enrollee positions designated for inclusion in the income protection plan.

Text of proposed rule:

RESOLVED, FIRST, Section 78.9 of the Regulations of the Department of Civil Service (President's Regulations) of Title 4 of the New York State Code, Rules and Regulations is amended to read as follows:

§ 78.9 Special enrollees

(a) The department shall compile and maintain a list of all positions eligible for participation as “special enrollees,” as set forth in subdivision (b) of this section.

(b) Persons in positions set forth in [Appendix 5 of this Title] the list of special enrollees who are designated Managerial or Confidential but who are not subject to Attendance Rules for Employees in New York State Departments and Institutions or the Attendance Rules promulgated by the Commissioner of Education, who are employed on an annual salaried basis, who are scheduled to work at least half-time and who are members of a public retirement system of this State or its political subdivisions or an optional retirement program shall be designated as special enrollees for purposes of this Part and upon such designation shall be eligible to receive the long-term disability benefits set forth in this Part.

And, SECOND, Appendix 5 of Title 4 of the New York State Code, Rules and Regulations is hereby repealed.

Text of proposed rule and any required statements and analyses may be obtained from:

Shirley LaPlante, Department of Civil Service, Albany, NY 12239, [phone], e-mail: [e-mail]

Data, views or arguments may be submitted to:

Judith I. Ratner, Deputy Commissioner and Counsel, Department of Civil Service, Albany, NY 12239, [phone], e-mail: [e-mail]

Public comment will be received until:

45 days after publication of this notice.

Consensus Rule Making Determination

Section 78.9 of Title 4 of NYCRR requires a list of all Special Enrollees designated for inclusion in the Income Protection Plan (IPP) in Appendix 5 to Title 4 of NYCRR. Appendix 5 was promulgated following adoption of the IPP for managerial or confidential (m/c) classified service employees.

Special Enrollee positions include certain elected officials, commissioners and agency heads, which have been designated managerial or confidential (m/c), and which are not subject to the Attendance Rules for Employees in New York State Departments or Agencies (or the Attendance Rules promulgated by the Commissioner of Education). Special Enrollees must be employed on an annual salaried basis, scheduled to work at least half-time and members of a public retirement system of this State or its political subdivisions or an optional retirement program. Employees cannot participate in the IPP long-term disability program described in Part 78 of the President's Regulations unless their job title is listed in Appendix 5.

Appendix 5 of Title 4 NYCRR was first adopted by the President of the Civil Service Commission on October 3, 1989 and became effective November 1, 1989. Due to frequent subsequent additions, deletions and revisions of eligible job titles, Appendix 5 is no longer accurate and each revision to the Appendix requires a formal rule making. The proposed amendment to section 78.9 of Title 4 NYCRR deletes all references to Appendix 5 and authorizes the New York State Department of Civil Service to maintain the list of Special Enrollee positions. The Department has already compiled such a list which differs from the list of titles contained in Appendix 5. The Department of Civil Service shall share this updated list and any future updates thereto with State appointing authorities and the IPP insurance carrier. This simplified recordkeeping system shall ensure that all eligible individuals are timely offered IPP Special Enrollee coverage and that no Special Enrollee premiums are paid for ineligible persons or positions. The eligibility requirements for Special Enrollee positions will remain unchanged. As no person is likely to object to the rule as written, this rule shall be advanced as a consensus rule.

Job Impact Statement

By amending section 78.9 and repealing Appendix 5 of Title 4 of the NYCRR to update the list of Special Enrollees designated for inclusion in the Income Protection Plan (IPP), this rule will positively impact jobs or employment opportunities for eligible employees as set forth in section 201-a(2)(a) of the State Administrative Procedure Act (SAPA) by apprising them of eligibility for certain long-term disability insurance benefits associated with their positions. Therefore, a Job Impact Statement (JIS) is not required by section 201-a of such Act.