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

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

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.