S*1097 Session 109 (1991-1992)
S*1097(Rat #0417, Act #0364 of 1992) General Bill, By Saleeby
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Article 5
in Chapter 11 of Title 1, relating to the State Budget and Control Board, so
as to consolidate into the Article existing statutes relating to the State
health insurance plans for employees and retirees, to make permanent various
temporary provisions reenacted annually in the General Appropriations Act, to
provide that certain alcohol and drug abuse planning agencies and special
purpose districts are eligible to participate in the State health insurance
plans, and to allow employees of a state-covered entity under a state
retirement system with twenty years' service credit who terminate before
retirement eligibility to participate in the plans; to amend Sections 6-7-190
and 58-25-80, relating to councils of governments and regional transportation
authorities, so as to delete references made obsolete by the Article added by
this Act and to extend the same requirements applicable to counties
participating in the plans to the other nonstate and nonschool district
entities authorized to participate in the plans; and to repeal Sections
1-11-142, 1-11-144, 1-11-440, 8-11-81, 8-11-82, and 8-11-84 and Act 124 of
1989 all relating to the State health insurance plans.-amended title
11/18/91 Senate Prefiled
11/18/91 Senate Referred to Committee on Finance
01/14/92 Senate Introduced and read first time SJ-27
01/14/92 Senate Referred to Committee on Finance SJ-27
03/17/92 Senate Committee report: Favorable Finance SJ-8
03/19/92 Senate Read second time SJ-26
03/24/92 Senate Read third time and sent to House SJ-20
03/25/92 House Introduced and read first time HJ-18
03/25/92 House Referred to Committee on Ways and Means HJ-18
04/09/92 House Recalled from Committee on Ways and Means HJ-88
04/23/92 House Read second time HJ-10
04/23/92 House Reconsider vote whereby read second time HJ-30
04/28/92 House Debate adjourned until Wednesday, April 29, 1992 HJ-129
04/29/92 House Amended HJ-261
04/29/92 House Read second time HJ-265
04/30/92 House Read third time and returned to Senate with
amendments HJ-19
04/30/92 Senate Concurred in House amendment and enrolled SJ-15
05/13/92 Ratified R 417
05/19/92 Signed By Governor
05/19/92 Effective date 07/01/92
05/19/92 Act No. 364
06/22/92 Copies available
(A364, R417, S1097)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING ARTICLE 5 IN CHAPTER 11
OF TITLE 1, RELATING TO THE STATE BUDGET AND
CONTROL BOARD, SO AS TO CONSOLIDATE INTO THE
ARTICLE EXISTING STATUTES RELATING TO THE STATE
HEALTH INSURANCE PLANS FOR EMPLOYEES AND
RETIREES, TO MAKE PERMANENT VARIOUS
TEMPORARY PROVISIONS REENACTED ANNUALLY IN
THE GENERAL APPROPRIATIONS ACT, TO PROVIDE
THAT CERTAIN ALCOHOL AND DRUG ABUSE PLANNING
AGENCIES AND SPECIAL PURPOSE DISTRICTS ARE
ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH
INSURANCE PLANS, AND TO ALLOW EMPLOYEES OF A
STATE-COVERED ENTITY UNDER A STATE RETIREMENT
SYSTEM WITH TWENTY YEARS' SERVICE CREDIT WHO
TERMINATE BEFORE RETIREMENT ELIGIBILITY TO
PARTICIPATE IN THE PLANS; TO AMEND SECTIONS
6-7-190 AND 58-25-80, RELATING TO COUNCILS OF
GOVERNMENTS AND REGIONAL TRANSPORTATION
AUTHORITIES, SO AS TO DELETE REFERENCES MADE
OBSOLETE BY THE ARTICLE ADDED BY THIS ACT AND
TO EXTEND THE SAME REQUIREMENTS APPLICABLE TO
COUNTIES PARTICIPATING IN THE PLANS TO THE
OTHER NONSTATE AND NONSCHOOL DISTRICT
ENTITIES AUTHORIZED TO PARTICIPATE IN THE PLANS;
AND TO REPEAL SECTIONS 1-11-142, 1-11-144, 1-11-440,
8-11-81, 8-11-82, AND 8-11-84 AND ACT 124 OF 1989 ALL
RELATING TO THE STATE HEALTH INSURANCE
PLANS.
Be it enacted by the General Assembly of the State of South
Carolina:
Employees and retirees health insurance
SECTION 1. Chapter 11, Title 1 of the 1976 Code is amended
by adding:
"Article 5
Employees and Retirees Insurance
Section 1-11-710. (A) The State Budget and Control Board
shall:
(1) make available to active and retired employees of this
State and its public school districts and their eligible dependents
group health, dental, life, accidental death and dismemberment,
and disability insurance plans and benefits in an equitable manner
and of maximum benefit to those covered within the available
resources.
(2) approve by October first of each year a plan of
benefits; eligibility; and employer, employee, retiree, and
dependent contributions for the next calendar year. The board
shall devise a plan for the method and schedule of payment for the
employer and employee share of contributions.
(3) adjust the plan, benefits, or contributions, at any time
to insure the fiscal stability of the system.
(4) set aside in separate continuing accounts in the State
Treasury, appropriately identified, all funds, state-appropriated
and other, received for actual health and dental insurance
premiums due. Funds credited to these accounts may be used to
pay the costs of administering the health and dental insurance
programs and may not be used for purposes of other than
providing insurance benefits for employees and retirees. A
reserve equal to not less than an average of one and one-half
months' claims must be maintained in the accounts and all funds
in excess of the reserve must be used to reduce premium rates or
improve or expand benefits as funding permits.
(B) The board may authorize the Insurance Reserve Fund to
provide reinsurance, in an approved format with actuarially
developed rates, for the operation of the group health insurance or
cafeteria plan program for active and retired employees of the
State, and its public school districts and their eligible dependents.
Premiums for reinsurance provided pursuant to this subsection
must be paid out of state appropriated and other funds received for
actual health insurance or cafeteria plan premiums due.
Section 1-11-720. (A) In addition to the employees and
retirees and their eligible dependents covered under the state
health and dental insurance plans pursuant to Section 1-11-710,
employees and retirees and their eligible dependents of the
following entities are eligible for coverage under the state health
and dental insurance plans pursuant to the requirements of
subsection (B):
(1) counties;
(2) regional tourism promotion commissions funded by
the Department of Parks, Recreation and Tourism;
(3) county mental retardation boards funded by the State
Mental Retardation Department;
(4) regional councils of government established pursuant
to Article 1, Chapter 7 of Title 6;
(5) regional transportation authorities established
pursuant to Chapter 25 of Title 58;
(6) alcohol and drug abuse planning agencies designated
pursuant to Section 61-5-320;
(7) special purpose districts created by act of the General
Assembly that provide gas, water, or sewer service, or any
combination of such services.
(B) To be eligible to participate in the state health and dental
insurance plans, the entities listed in subsection (A) shall comply
with the requirements established by the State Budget and Control
Board, and the benefits provided must be the same benefits
provided to state and school district employees. These entities
must agree to participate for a minimum of two years and the
board may adjust the premiums during the coverage period based
on experience.
Section 1-11-730. (A) A person covered by the state health
and dental insurance plans who terminates employment with at
least twenty years retirement service credit by a state-covered
entity before eligibility for retirement under a state retirement
system is eligible for the plans effective on the date of retirement
under a state retirement system, if the last five years are
consecutive and in a full-time permanent position with a
state-covered entity.
(B) A member of the General Assembly who leaves office or
retires with at least eight years credited service in the General
Assembly Retirement System is eligible to participate in the plans
by paying the full premium costs as determined by the State
Budget and Control Board.
(C) An active employee retiring with ten or more years of
state-covered entity service credited under a state retirement
system is eligible for state-paid premiums, if the last five years are
consecutive and in a full-time permanent position with a
state-covered entity.
(D) A person covered by the plans who retires with at least
five years' service credited under a state retirement system is
eligible to participate in the plan by paying the full premium costs
as determined by the board.
(E) All state and school district employees employed before
July 1, 1984, who were or would have been eligible for the plans
upon completion of five years service are exempt from the
provisions of this section and are eligible for the plan effective on
the date of their retirement.
Section 1-11-740. The Division of Insurance Services of the
State Budget and Control Board may develop an optional
long-term care insurance program for active and retired members
of the various state retirement systems depending on the
availability of a qualified vendor. A program must require
members to pay the full insurance premium."
Councils of governments
SECTION 2. Section 6-7-190 of the 1976 Code is amended to
read:
"Section 6-7-190. Each council of government
established under authority of this article exists for nonprofit and
public purposes and is a public agency, and the carrying out of the
purpose of each council of government is exclusively for public
benefit and its property is public property, and no council of
government is required to pay any state or local ad valorem tax,
income tax, or other taxes from which public agencies are exempt.
Councils of government may participate in the State Retirement
System and utilize the services of the State Purchasing
Department of the Division of General Services."
Regional transportation authorities
SECTION 3. Section 58-25-80 of the 1976 Code is amended to
read:
"Section 58-25-80. Each authority established, including
any formed under Chapter 25 of Title 58 of the 1976 Code prior to
the effective date of this chapter, exists for nonprofit and public
purposes and is a public agency, and it is found and declared that
the carrying out of the purpose of each authority is exclusively for
public benefit and its property is public property. No authority
shall pay any state or local ad valorem, income, sales, fuel, excise,
or other use taxes or other taxes from which municipalities and
counties are exempt. The South Carolina Tax Commission is
responsible for promulgating regulations necessary to effect fully
this provision for tax exemption. The authority or operator
providing public transportation on behalf of an authority may
participate in the State Retirement System and utilize the services
of the State Purchasing Department of the Division of General
Services and any other joint activity of the State carried on for the
benefit of state agencies and political subdivisions of the State.
Operators providing public transportation on behalf of an
authority shall not pay state and local fuel taxes from which
municipalities and counties are exempt."
Repeals
SECTION 4. Sections 1-11-142, 1-11-144, 1-11-440, 8-11-81,
8-11-82, and 8-11-84 of the 1976 Code are repealed. Act 124 of
1989 is repealed.
Time effective
SECTION 5. This act takes effect July 1, 1992.
Approved the 19th day of May, 1992. |