(c) The term employee means any person in the service of an employer, except:

1. (1) any person whose regular work schedule is less than 20 hours a week, other than:

   1. (i) a person paid on an annual salary basis whose salary rate is $2,000 per year or more; provided, however, that for purposes of this definition a participating employer may establish a minimum in excess of 20 hours per week and/or a salary basis higher than $2,000 per year for purposes of determining eligibility under the plan;
   2. (ii) a paid elective official of the State or paid member of a public legislative body or other local elective official, including a publicly elected member of a school board; provided, however, that the determination of eligibility under the plan for such official or member and employer contributions, if any, shall be permissive for any participating employer, except that any unpaid local elective official who occupies a position which by statute, local law, ordinance or resolution is expressly prohibited from receiving compensation or school board member electing to participate by reason of such membership shall be required to pay both the employer and the employee contribution for any coverage elected under the plan;
   3. (iii) a person whose major source of income is from his employment with the employer; or
   4. (iv) an unpaid board member of a public authority, provided he or she has six months or more of service in such position;
2. (2) any person appointed or elected for a term of less than six payroll periods, or, in the case of a person paid other than biweekly, for less than three months; provided, however, that for the purposes of this definition a participating employer may require a higher anticipated employment requirement, not to exceed six months for seasonal and/or temporary, or all employees;
3. (3) any person whose employment is scheduled for termination, other than by retirement, within three months after the effective date of the extension of the plan to employees of a participating employer;
4. (4) any person who is employed by a public educational institution on other than full-time basis and who is a student therein enrolled for a degree; or
5. (5) any person who retired prior to the effective date of the plan or of the extension of the plan to employees of his participating employer and who is subsequently reemployed on a temporary, seasonal or occasional basis.

(e) The term post retiree shall mean a person who has become enrolled in the plan as an employee and whose coverage is being continued after his withdrawal from the active service of the employer under the eligibility privileges of the plan and who either:

1. (1) has retired as a member of a retirement or pension plan or system administered and operated by the State of New York, or a civil division thereof, including the New York State Teachers' Retirement System;
2. (2) was not a member of a retirement or pension plan or system referred to in paragraph (1) of this subdivision, and is withdrawn or does withdraw from the active service of an employer after attaining such age as would have been required to retire as a member of the New York State and Local Employees' Retirement System;
3. (3) was an unpaid elective official, and is withdrawn or does withdraw from active service after attaining such age as would have been required to retire as a member of the New York State and Local Employees' Retirement System;
4. (4) was a publicly elected member of a school board with 20 years or more of service in such position with such participating employer that elects to permit enrollment for such members; or
5. (5) was an unpaid board member of a public authority with 20 years or more of service in such position.

(h) The term dependent shall include the spouse of an employee or retired employee. It shall also include such person's unmarried child under 19 years of age, any unmarried child 19 years of age or older who is incapable of self-support by reason of mental or physical disability and who became so incapable before reaching the age at which dependent coverage would otherwise terminate, and any student dependent as hereinafter defined. The term child shall be deemed to include any natural born child, any legally adopted child and any stepchild dependent upon the employee or retired employee, any child dependent upon the employee or retired employee during any waiting period prior to the finalization of the child's adoption by the employee or retired employee, and any child chiefly dependent on the employee or retired employee and permanently residing in the household of the employee or retired employee. Dependent shall not include, however:

1. (1) any person who is covered as an employee or retired employee or as a dependent of another employee or retired employee under the health insurance plan;
2. (2) any person who is in the armed forces of any country;
3. (3) any person for whom evidence of acceptability for coverage furnished in accordance with the provisions of the health insurance plan is not accepted as satisfactory.

(i) The term student dependent means an employee's or retired employee's unmarried child 19 years of age or older but not yet 25 years of age; provided, however, that the time spent on military duty as defined in paragraph (b) of subdivision 1 of section 243 of the Military Law, not to exceed four years, shall be subtracted from the age of such child for purposes of determining the maximum age for eligibility as a student dependent who:

1. (1) receives more than half of his support from the employee or retired employee and is a full-time student at an accredited secondary or preparatory school or college; and
2. (2) is not otherwise eligible for employer group coverage.