§ 163. Eligibility for benefits. 1. All persons in the service of the\nstate, whether elected, appointed or employed, who elect to participate\nin such health benefit plan shall be eligible to participate therein,\nprovided, however, that the president may adopt such regulations as he\nor she may deem appropriate excluding temporary, part time or\nintermittent employment.\n 2. The contract or contracts shall provide for health benefits for\nretired employees of the state and of the state colleges of agriculture,\nhome economics, industrial labor relations and veterinary medicine, the\nstate agricultural experiment station at Geneva, and any other\ninstitution or agency under the management and control of Cornell\nuniversity as the representative of the board of trustees of the state\nuniversity of New York, and the state college of ceramics under the\nmanagement and control of Alfred university as the representative of the\nboard of trustees of the state university of New York, and their spouses\nand dependent children as defined by the regulations of the president,\non such terms as the president may deem appropriate, and the president\nmay authorize the inclusion in the plan of the employees and retired\nemployees of public authorities, public benefit corporations, school\ndistricts, special districts, district corporations, municipal\ncorporations excluding active employees and retired employees of cities\nhaving a population of one million or more inhabitants whose\ncompensation is or was before retirement paid out of the city treasury,\nor other appropriate agencies, subdivisions or quasi-public\norganizations of the state, including active members of volunteer fire\nand volunteer ambulance companies serving one or more municipal\ncorporations pursuant to subdivision seven of section ninety-two-a of\nthe general municipal law, and their spouses and dependent children as\ndefined by the regulations of the president. Notwithstanding any law or\nregulation to the contrary, active members of volunteer ambulance\ncompanies serving one or more municipal corporations pursuant to\nsubdivision seven of section ninety-two-a of the general municipal law\nshall be eligible for health benefits regardless of the amount of funds\nderived from public sources. Any such corporation, district, agency or\norganization electing to participate in the plan shall be required to\npay its proportionate share of the expenses of administration of the\nplan in such amounts and at such times as determined and fixed by the\npresident. All amounts payable for such expenses of administration shall\nbe paid to the commissioner of taxation and finance and shall be applied\nto the reimbursement of funds previously advanced for such purposes.\nNeither the state nor any other participant in the plan shall be charged\nwith the particular experience attributable to the employees of the\nparticipant, and all dividends or retroactive rate credits shall be\ndistributed pro-rata based upon the number of employees of such\nparticipant covered by the plan.\n 3. The president shall adopt regulations prescribing the conditions\nunder which an employee or retired employee may elect to participate in\nor withdraw from the plan. Such regulations may also prescribe\nconditions under which an employee whose service terminates and who is\nentitled to a vested retirement allowance may continue to participate in\nthe plan; such condition shall include a requirement that such person\npay the full cost of such coverage following termination of his\nemployment and prior to commencement of the payment of his retirement\nallowance, unless such person becomes currently entitled to, but defers\nreceipt of, a retirement allowance or pension from a retirement or\npension plan or system administered and operated by the state of New\nYork, or a civil division thereof, including the New York state\nteachers' retirement system and the optional retirement programs\nestablished under artic
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