South Carolina General Assembly
109th Session, 1991-1992

Bill 699


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               Senate
Bill Number:                    699
Primary Sponsor:                McGill
Committee Number:               06
Type of Legislation:            GB
Subject:                        Employee on active duty,
                                insurance
Residing Body:                  Senate
Current Committee:              Finance
Computer Document Number:       JIC/5372.AC
Introduced Date:                Feb 26, 1991
Last History Body:              Senate
Last History Date:              Feb 26, 1991
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   McGill
Type of Legislation:            General Bill



History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 699   Senate  Feb 26, 1991  Introduced, read first time,    06
                             referred to Committee

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-141 SO AS TO PROVIDE THAT A SPOUSE AND CHILDREN OF A STATE EMPLOYEE ON LEAVE OF ABSENCE FOR ACTIVE DUTY MILITARY SERVICE MAY CONTINUE STATE HEALTH AND DENTAL INSURANCE IF THE EMPLOYEE CONTRIBUTIONS AND PREMIUMS FOR THE SPOUSE AND CHILDREN ARE PAID, TO PROVIDE THAT EMPLOYER CONTRIBUTIONS ARE NOT REQUIRED, TO ALLOW RETROACTIVE REINSTATEMENT OF COVERAGE FOR SPOUSES AND CHILDREN IF IT HAS LAPSED DUE TO THE LEAVE OF ABSENCE, AND TO WAIVE PREEXISTING CONDITIONS AND WAITING PERIOD REQUIREMENTS UPON RETURN TO EMPLOYMENT.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. The 1976 Code is amended by adding:

"Section 1-11-141. (A) The spouse and children of a person who is on leave of absence from state employment as a result of active duty military service may continue coverage under the state health and dental insurance plans so long as the employee contributions and premiums for coverage of the spouse and children are paid as prescribed by the State Budget and Control Board. Coverage of the employee's spouse and children must continue as if the employee were not on a leave of absence. The State is not required to make the employer contribution on behalf of the employee in order for coverage of the spouse and children to remain in force.

(B) The spouse and children of a state employee who is on leave of absence as a result of active duty military service may reinstate state health and dental insurance coverage that may have lapsed as a result of this leave. Reinstatement may be retroactive if the employee contributions and premiums for the spouse and children that would have been required during that period are paid. If reinstatement is retroactive, coverage must be provided as if it had never lapsed, reinstating coverage to the original effective date with no new preexisting condition or waiting period requirements. Credit must be allowed from the original effective date towards the uninterrupted satisfaction of the preexisting condition period, waiting period, and accrual of the deductible, unless a new calendar year has begun. If reinstatement is not retroactive, coverage must be provided from the date of reinstatement but the spouse and children must not be required to satisfy any new preexisting conditions or waiting periods not already in effect at the original effective date and the deductible which accrued while coverage was in force must be allowed to carry over to the reinstated coverage unless a new calendar year has begun.

(C) Upon returning to state employment, a state employee who was on leave of absence as a result of active duty military service and his spouse or children who did not maintain coverage under the state health or dental insurance plan must be given credit for the satisfaction of the preexisting condition period, waiting period, and deductible or any portion of them served under the plans before the leave. No new preexisting condition period, waiting period, or deductible, unless a new calendar year has begun, may be imposed on a state employee returning to employment following leave of absence for active duty military service or on his spouse or children."

SECTION 2. This act takes effect upon approval by the Governor.

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