SECTION 108 - F50-PUBLIC EMPLOYEE BENEFIT AUTHORITY

     108.1.   (PEBA: Lottery,  Infrastructure Bank, and Magistrates Health Insurance)  South Carolina Lottery Commissioners and South Carolina Transportation Infrastructure Bank Board members and their eligible dependents are eligible to participate in the State Health and Dental Insurance Plan, upon paying the full premium costs as determined by the Public Employee Benefit Authority.If a county is participating in the State Health and Dental Insurance Plan, magistrates and their eligible dependents are eligible to participate in the State Health and Dental Insurance Plan, upon the magistrate paying the full premium costs as determined by the Public Employee Benefit Authority.

     108.2.   (PEBA: Adoption Assistance Program)  The Employee Adoption Assistance Program is established to provide grants to eligible employees to assist them with the direct costs of adoption.  The program shall be an employee benefit through the Public Employee Benefit Authority (PEBA) and shall be funded from the appropriation for the State Health Plan as provided in this act.  Total funding for the Adoption Program shall not exceed the amount authorized by the General Assembly in the annual appropriations act.  Employees are eligible for the Adoption Program if they participate in PEBA insurance benefits, have adopted a child during the prior fiscal year, apply for the grant during the annual application period, and meet any other Adoption Program criteria.  The application period shall be July first through September thirtieth of the current fiscal year for an adoption in the prior fiscal year.  The maximum grant amounts shall be $10,000 in the case of the adoption of a special needs child and $5,000 for all other child adoptions.  Should the total amount needed to fund grants at the maximum level exceed the amount authorized, the amount of a grant to an eligible employee shall be determined by dividing the authorized amount evenly among qualified program applicants, with the adoption of a special needs child qualifying for two times the benefit of a non-special needs child.

     108.3.   (PEBA: Health Plan Tobacco User Differential)  For health plans adopted under the authority of Section 1-11-710 of the 1976 Code by the Public Employee Benefit Authority during the current fiscal year, the board is authorized to differentiate between tobacco users and nonusers regarding rates charged to enrollees in its health plans by imposing a surcharge on enrollee rates based upon tobacco use.  The surcharge for tobacco use may not exceed $40 per month per subscriber or $60 per month per subscriber and dependent(s).

     108.4.   (PEBA: Funding Abortions Prohibited)  No funds appropriated for employer contributions to the State Health Insurance Plan may be expended to reimburse the expenses of an abortion, except in cases of rape, incest or where the mother’s medical condition is one which, on the basis of the physician’s good faith judgment, so complicates the pregnancy as to necessitate an immediate abortion to avert the risk of her death or for which a delay will create serious risk of substantial and irreversible impairment of major bodily function, and the State Health Plan may not offer coverage for abortion services, including ancillary services provided contemporaneously with abortion services.  The Public Employee Benefit Authority must determine the amount of the total premium paid for health coverage necessary to cover the risks associated with reimbursing participants in the plan for obtaining an abortion in the circumstances covered by this provision.  The determination must be based on actuarial data and empirical study in the same manner and by the same method that other risks are adjusted for in similar circumstances.  The plan must report this determination annually to the respective Chairmen of the Senate Finance Committee and the House Ways and Means Committee.

     108.5.   (PEBA: TRICARE Supplement Policy)  The Public Employee Benefit Authority (PEBA) shall offera group TRICARE Supplement policy or policies to its TRICARE-eligible subscribers through its flexible benefits program to provide that subscribers may pay premiums for such policies on a pretax basis, in accordance with federal law and regulations.  PEBA may charge TRICARE Supplement subscribers an amount not to exceed $2 per subscriber per month for any associated administrative costs.

     108.6.   (PEBA: FY 2016 State Health Plan)  Of the funds authorized for the State Health Plan in Plan Year 2016 pursuant to Section 1‑11‑710(A)(2) of the 1976 Code, an employer premium increase of 4.5 percent and a subscriber premium increase of zero percent for each tier (subscriber, subscriber/spouse, subscriber/children, full family) will result for the standard State Health Plan in Plan Year 2016. Co-payments for participants of the State Health Plan in Plan Year 2016 shall not be increased.  Notwithstanding the foregoing, pursuant to Section 1-11-710(A)(3), the Public Employee Benefit Authority may adjust the plan, benefits, or contributions of the State Health Plan during Plan Year 2016 to ensure the fiscal stability of the Plan.

     108.7.   (PEBA: Exempt National Guard Pension Fund)  In the calculation of any across-the-board cut mandated by the Executive Budget Office or General Assembly, the amount of the appropriation for the National Guard Pension Fund shall be excluded.

     108.8.   (PEBA: Inactive SCRS Account Transfer)A current employee or teacher who is an active participant in the State Optional Retirement Program but who has an inactive account in the South Carolina Retirement Program due to previous service in that system, shall be allowed to transfer previous contributions to the employee’s or teacher’s active State Optional Retirement Program account.

     108.9.   (PEBA: Network Pharmacy Publications) All pharmacy publications or lists must include independent retail pharmacies. Abridged pharmacy lists are prohibited.

     108.10.     DELETED

     108.11.     DELETED

     108.12.     DELETED

     108.13.     (PEBA: Covered Contraceptives)  In its Plan of Benefits effective January 1, 2016, the State Health Plan shall not apply patient cost sharing provisions to covered contraceptives.  This provision does not alter the current approved list of contraceptives and complies with the requirements of proviso 108.4.

     108.14.     DELETED