AN
ACT Relating to participation in health care authority insurance plans and
contracts by surviving spouses and dependent children of emergency service
personnel killed in the line of duty; amending RCW 41.05.011 and 41.05.080;
reenacting and amending RCW 41.05.011; providing an effective date; providing
an expiration date; and declaring an emergency.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
41.05.011 and 2000 c 230 s 3 are each amended to read as follows:
Unless
the context clearly requires otherwise, the definitions in this section shall
apply throughout this chapter.
(1)
"Administrator" means the administrator of the authority.
(2)
"State purchased health care" or "health care" means
medical and health care, pharmaceuticals, and medical equipment purchased with
state and federal funds by the department of social and health services, the
department of health, the basic health plan, the state health care authority,
the department of labor and industries, the department of corrections, the
department of veterans affairs, and local school districts.
(3)
"Authority" means the Washington state health care authority.
(4)
"Insuring entity" means an insurer as defined in chapter 48.01 RCW, a
health care service contractor as defined in chapter 48.44 RCW, or a health
maintenance organization as defined in chapter 48.46 RCW.
(5)
"Flexible benefit plan" means a benefit plan that allows employees to
choose the level of health care coverage provided and the amount of employee
contributions from among a range of choices offered by the authority.
(6)
"Employee" includes all full-time and career seasonal employees of
the state, whether or not covered by civil service; elected and appointed
officials of the executive branch of government, including full-time members of
boards, commissions, or committees; and includes any or all part-time and
temporary employees under the terms and conditions established under this
chapter by the authority; justices of the supreme court and judges of the court
of appeals and the superior courts; and members of the state legislature or of
the legislative authority of any county, city, or town who are elected to
office after February 20, 1970. "Employee" also includes: (a)
Employees of a county, municipality, or other political subdivision of the
state if the legislative authority of the county, municipality, or other
political subdivision of the state seeks and receives the approval of the
authority to provide any of its insurance programs by contract with the
authority, as provided in RCW 41.04.205; (b) employees of employee
organizations representing state civil service employees, at the option of each
such employee organization, and, effective October 1, 1995, employees of
employee organizations currently pooled with employees of school districts for
the purpose of purchasing insurance benefits, at the option of each such
employee organization; and (c) employees of a school district if the authority
agrees to provide any of the school districts' insurance programs by contract
with the authority as provided in RCW 28A.400.350.
(7)
"Board" means the public employees' benefits board established under
RCW 41.05.055.
(8)
"Retired or disabled school employee" means:
(a)
Persons who separated from employment with a school district or educational
service district and are receiving a retirement allowance under chapter 41.32
or 41.40 RCW as of September 30, 1993;
(b)
Persons who separate from employment with a school district or educational
service district on or after October 1, 1993, and immediately upon separation
receive a retirement allowance under chapter 41.32, 41.35, or 41.40 RCW;
(c)
Persons who separate from employment with a school district or educational
service district due to a total and permanent disability, and are eligible to
receive a deferred retirement allowance under chapter 41.32, 41.35, or 41.40
RCW.
(9)
"Benefits contribution plan" means a premium only contribution plan,
a medical flexible spending arrangement, or a cafeteria plan whereby state and
public employees may agree to a contribution to benefit costs which will allow
the employee to participate in benefits offered pursuant to 26 U.S.C. Sec. 125
or other sections of the internal revenue code.
(10)
"Salary" means a state employee's monthly salary or wages.
(11)
"Participant" means an individual who fulfills the eligibility and
enrollment requirements under the benefits contribution plan.
(12)
"Plan year" means the time period established by the authority.
(13)
"Separated employees" means persons who separate from employment with
an employer as defined in:
(a)
RCW 41.32.010(11) on or after July 1, 1996; or
(b)
RCW 41.35.010 on or after September 1, 2000;
and who
are at least age fifty-five and have at least ten years of service under the
teachers' retirement system plan 3 as defined in RCW 41.32.010(40) or the
Washington school employees' retirement system plan 3 as defined in RCW 41.35.010.
(14)
"Emergency service personnel killed in the line of duty" means law
enforcement officers and fire fighters as defined in RCW 41.26.030, and reserve
officers and fire fighters as defined in RCW 41.24.010 who die as a result of
injuries sustained in the course of employment as determined consistent with
Title 51 RCW by the department of labor and industries.
Sec.
2. RCW
41.05.011 and 2000 c 247 s 604 and 2000 c 230 s 3 are each reenacted and
amended to read as follows:
Unless
the context clearly requires otherwise, the definitions in this section shall
apply throughout this chapter.
(1)
"Administrator" means the administrator of the authority.
(2)
"State purchased health care" or "health care" means
medical and health care, pharmaceuticals, and medical equipment purchased with
state and federal funds by the department of social and health services, the
department of health, the basic health plan, the state health care authority,
the department of labor and industries, the department of corrections, the
department of veterans affairs, and local school districts.
(3)
"Authority" means the Washington state health care authority.
(4)
"Insuring entity" means an insurer as defined in chapter 48.01 RCW, a
health care service contractor as defined in chapter 48.44 RCW, or a health
maintenance organization as defined in chapter 48.46 RCW.
(5)
"Flexible benefit plan" means a benefit plan that allows employees to
choose the level of health care coverage provided and the amount of employee
contributions from among a range of choices offered by the authority.
(6)
"Employee" includes all full-time and career seasonal employees of
the state, whether or not covered by civil service; elected and appointed
officials of the executive branch of government, including full-time members of
boards, commissions, or committees; and includes any or all part-time and
temporary employees under the terms and conditions established under this
chapter by the authority; justices of the supreme court and judges of the court
of appeals and the superior courts; and members of the state legislature or of
the legislative authority of any county, city, or town who are elected to
office after February 20, 1970. "Employee" also includes: (a) Employees
of a county, municipality, or other political subdivision of the state if the
legislative authority of the county, municipality, or other political
subdivision of the state seeks and receives the approval of the authority to
provide any of its insurance programs by contract with the authority, as
provided in RCW 41.04.205; (b) employees of employee organizations representing
state civil service employees, at the option of each such employee
organization, and, effective October 1, 1995, employees of employee organizations
currently pooled with employees of school districts for the purpose of
purchasing insurance benefits, at the option of each such employee
organization; and (c) employees of a school district if the authority agrees to
provide any of the school districts' insurance programs by contract with the
authority as provided in RCW 28A.400.350.
(7)
"Board" means the public employees' benefits board established under
RCW 41.05.055.
(8)
"Retired or disabled school employee" means:
(a)
Persons who separated from employment with a school district or educational
service district and are receiving a retirement allowance under chapter 41.32
or 41.40 RCW as of September 30, 1993;
(b)
Persons who separate from employment with a school district or educational
service district on or after October 1, 1993, and immediately upon separation
receive a retirement allowance under chapter 41.32, 41.35, or 41.40 RCW;
(c)
Persons who separate from employment with a school district or educational
service district due to a total and permanent disability, and are eligible to
receive a deferred retirement allowance under chapter 41.32, 41.35, or 41.40
RCW.
(9)
"Benefits contribution plan" means a premium only contribution plan,
a medical flexible spending arrangement, or a cafeteria plan whereby state and
public employees may agree to a contribution to benefit costs which will allow
the employee to participate in benefits offered pursuant to 26 U.S.C. Sec. 125
or other sections of the internal revenue code.
(10)
"Salary" means a state employee's monthly salary or wages.
(11)
"Participant" means an individual who fulfills the eligibility and
enrollment requirements under the benefits contribution plan.
(12)
"Plan year" means the time period established by the authority.
(13)
"Separated employees" means persons who separate from employment with
an employer as defined in:
(a)
RCW 41.32.010(11) on or after July 1, 1996; or
(b)
RCW 41.35.010 on or after September 1, 2000; or
(c)
RCW 41.40.010 on or after March 1, 2002;
and who
are at least age fifty-five and have at least ten years of service under the
teachers' retirement system plan 3 as defined in RCW 41.32.010(40), the
Washington school employees' retirement system plan 3 as defined in RCW
41.35.010, or the public employees' retirement system plan 3 as defined in RCW
41.40.010.
(14)
"Emergency service personnel killed in the line of duty" means law
enforcement officers and fire fighters as defined in RCW 41.26.030, and reserve
officers and fire fighters as defined in RCW 41.24.010 who die as a result of
injuries sustained in the course of employment as determined consistent with
Title 51 RCW by the department of labor and industries.
Sec.
3. RCW
41.05.080 and 1996 c 39 s 22 are each amended to read as follows:
(1)
Under the qualifications, terms, conditions, and benefits set by the board:
(a)
Retired or disabled state employees, retired or disabled school employees, or
employees of county, municipal, or other political subdivisions covered by this
chapter who are retired may continue their participation in insurance plans and
contracts after retirement or disablement;
(b)
Separated employees may continue their participation in insurance plans and
contracts if participation is selected immediately upon separation from
employment;
(c)
Surviving spouses and dependent children of emergency service personnel killed
in the line of duty may participate in insurance plans and contracts.
(2)
Rates charged surviving spouses of emergency service personnel killed in the
line of duty, retired or disabled employees, separated employees, spouses,
or dependent children who are not eligible for parts A and B of medicare shall
be based on the experience of the community rated risk pool established under
RCW 41.05.022.
(3)
Rates charged to surviving spouses of emergency service personnel killed in
the line of duty, retired or disabled employees, separated employees,
spouses, or children who are eligible for parts A and B of medicare shall be
calculated from a separate experience risk pool comprised only of individuals
eligible for parts A and B of medicare; however, the premiums charged to
medicare-eligible retirees and disabled employees shall be reduced by the
amount of the subsidy provided under RCW 41.05.085.
(4)
Surviving spouses and dependent children of emergency service personnel
killed in the line of duty and retired or disabled and separated employees
shall be responsible for payment of premium rates developed by the authority
which shall include the cost to the authority of providing insurance coverage
including any amounts necessary for reserves and administration in accordance
with this chapter. These self pay rates will be established based on a
separate rate for the employee, the spouse, and the children.
(5)
The term "retired state employees" for the purpose of this section
shall include but not be limited to members of the legislature whether
voluntarily or involuntarily leaving state office.
NEW
SECTION. Sec. 4.
Section 1 of this act expires March 1, 2002.
NEW
SECTION. Sec. 5.
Section 2 of this act takes effect March 1, 2002.
NEW
SECTION. Sec. 6. This
act is necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public
institutions, and except for section 2 of this act takes effect immediately.
This act applies to surviving spouses and dependent children of emergency
service personnel killed in the line of duty on or after January 1, 1998.
