Assembly Bill No. 529–Assemblymen Neighbors, Bache, Giunchigliani, Williams, Lee, Chowning, Collins and Parks
March 15, 1999
____________
Referred to Committee on Government Affairs
SUMMARY—Revises provisions governing group insurance for employees of certain local governmental entities. (BDR 23-728)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Yes.
~
EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. Chapter 287 of NRS is hereby amended by adding thereto1-2
the provisions set forth as sections 2 to 5, inclusive, of this act.1-3
Sec. 2. The committee on local government insurance is hereby1-4
created. The committee consists of seven members appointed as follows:1-5
1. One member appointed by the governing body of the Nevada1-6
League of Cities, or its successor organization.1-7
2. One member appointed by the governing body of the Nevada1-8
Association of Counties, or its successor organization.1-9
3. One member appointed by the Nevada Association of School1-10
Boards, or its successor organization.1-11
4. Three members appointed by the governor from lists of persons1-12
nominated by employee organizations representing employees of local1-13
governments that participate in the local governments’ program of group1-14
insurance.1-15
5. One member of the public at large appointed by the governor, who1-16
shall serve as the chairman of the committee.2-1
Sec. 3. The committee on local government insurance shall:2-2
1. Establish and carry out a program to be known as the local2-3
governments’ program of group insurance to secure group life, accident2-4
or health insurance, or any combination of these for the benefit of2-5
officers, employees and retired employees of local governments that2-6
participate in the program.2-7
2. Except as otherwise provided in this subsection, negotiate and2-8
contract with the governing body of any local government enumerated in2-9
NRS 287.010 which is desirous of obtaining group insurance for its2-10
officers, employees and retired employees by participation in the local2-11
governments’ program of group insurance.2-12
3. Give public notice in writing of proposed changes in rates or2-13
coverage to each participating local government that may be affected by2-14
the changes. Notice must be provided at least 30 days before the effective2-15
date of the changes.2-16
4. Purchase policies of life, accident or health insurance, or any2-17
combination of these, from any company qualified to do business in this2-18
state for the benefit of all eligible officers, employees and retired2-19
employees who participate in the local governments’ program of group2-20
insurance.2-21
5. Except as otherwise provided in this Title, develop and establish2-22
other employee benefits as necessary.2-23
6. Adopt such regulations and perform such other duties as the2-24
committee determines to be necessary, including, without limitation,2-25
regulations to establish:2-26
(a) Fees for applications for participation in the local governments’2-27
program of group insurance and for the late payment of premiums;2-28
(b) Conditions for entry and reentry into the local governments’2-29
program of group insurance by local governments enumerated in NRS2-30
287.010; and2-31
(c) The levels of participation in the local governments’ program of2-32
group insurance required for officers, employees and retired employees2-33
of participating local governments.2-34
Sec. 4. 1. The committee on benefits shall employ an executive2-35
officer and a chief accountant, both of whom must be selected by2-36
majority vote of the committee. The executive officer and chief2-37
accountant are in the unclassified service of the state and serve at the2-38
pleasure of the committee.2-39
2. The executive officer must:2-40
(a) Be a graduate of a 4-year college or university with a degree in2-41
business administration or public administration or an equivalent degree,2-42
as determined by the committee; and3-1
(b) Possess at least 5 years of experience in a high-level administrative3-2
or executive capacity in the field of insurance, management of3-3
employees’ benefits or risk management.3-4
3. The chief accountant must be a certified public accountant.3-5
4. The committee may delegate to the executive officer the exercise3-6
or discharge of any power, duty or function vested in or imposed upon3-7
the committee.3-8
5. The chief accountant shall conduct an annual audit of the state’s3-9
program of group insurance and perform such other duties as the3-10
committee on benefits may require.3-11
6. The executive officer and the chief accountant are entitled to an3-12
annual salary fixed by the committee. The salaries of the executive3-13
officer and the chief accountant are exempt from the limitations set forth3-14
in NRS 281.123.3-15
7. The executive officer and the chief accountant shall not:3-16
(a) Except as otherwise provided in NRS 284.143, pursue any other3-17
business or occupation or perform the duties of any other office of profit3-18
during normal office hours unless on leave approved in advance; or3-19
(b) Participate in any business enterprise or investment with any3-20
vendor or provider to the state’s program of group insurance.3-21
Sec. 5. The committee on benefits may employ such staff as is3-22
necessary to carry out the administration of the state’s program of group3-23
insurance, including, without limitation, the processing of claims for3-24
benefits.3-25
Sec. 6. NRS 287.023 is hereby amended to read as follows: 287.023 1. Whenever an officer or employee of the governing body3-27
of any county, school district, municipal corporation, political subdivision,3-28
public corporation or other public agency of the State of Nevada retires3-29
under the conditions set forth in NRS 286.510 or 286.620 and, at the time3-30
of his retirement, was covered or had his dependents covered by any group3-31
insurance or medical and hospital service established pursuant to NRS3-32
287.010 and 287.020, the officer or employee has the option upon3-33
retirement to cancel or continue any such group insurance or join the3-34
3-35
hospital service coverage to the extent that such coverage is not provided3-36
to him or a dependent by the Health Insurance for the Aged Act ,3-37
U.S.C. §§ 1395 et seq.3-38
2. A retired person who continues coverage under the3-39
governments’ program of group insurance shall assume the portion of the3-40
premium or membership costs for the coverage continued which the3-41
governing body does not pay on behalf of retired officers or employees. A3-42
person who joins the3-43
insurance for the first time upon retirement shall assume all costs for the4-1
coverage. A dependent of such a retired person has the option, which may4-2
be exercised to the same extent and in the same manner as the retired4-3
person, to cancel or continue coverage in effect on the date the retired4-4
person dies. The dependent is not required to continue to receive4-5
retirement payments from the public employees’ retirement system in4-6
order to continue coverage.4-7
3. Except as otherwise provided in NRS 287.0235, notice of the4-8
selection of the option must be given in writing to the last public employer4-9
of the officer or employee within 30 days after the date of retirement or4-10
death, as the case may be. If4-11
retired employee and his dependents shall be deemed to have selected the4-12
option to cancel the coverage or not to join the4-13
governments’ program of group insurance, as the case may be.4-14
4. The governing body of any county, school district, municipal4-15
corporation, political subdivision, public corporation or other public4-16
agency of this state may pay the cost, or any part of the cost, of group4-17
insurance and medical and hospital service coverage for persons eligible4-18
for that coverage under subsection 1, but it must not pay a greater portion4-19
than it does for its current officers and employees.4-20
Sec. 7. NRS 287.025 is hereby amended to read as follows: 287.025 The governing body of any county, school district, municipal4-22
corporation, political subdivision, public corporation or other public4-23
agency of the State of Nevada may, in addition to the other powers granted4-24
in NRS 287.010 and 287.020:4-25
1. Negotiate and contract with any other such agency or with the4-26
committee on4-27
governments’ program of group insurance4-28
insurance for its officers and employees and their dependents by4-29
participation in any group insurance plan established or to be established or4-30
in the4-31
and4-32
2. To secure group health insurance or related medical services for its4-33
officers and employees and their dependents, excluding industrial4-34
insurance, participate as a member of a nonprofit cooperative association4-35
or nonprofit corporation established in this state solely to purchase such4-36
insurance or medical services for its members from an insurer licensed4-37
pursuant to the provisions of Title 57 of NRS.4-38
Sec. 8. NRS 287.040 is hereby amended to read as follows: 287.040 The provisions of NRS 287.010 to 287.040, inclusive, and4-40
sections 2 and 3 of this act do not make it compulsory upon any governing4-41
body of any county, school district, municipal corporation, political4-42
subdivision, public corporation or other public agency of the State of4-43
Nevada to make any contributions for the payment of any premiums or5-1
other costs for group insurance or medical or hospital services, or upon any5-2
officer or employee of any county, school district, municipal corporation,5-3
political subdivision, public corporation or other public agency of this state5-4
to accept or join any plan of group insurance or to assign his wages or5-5
salary or to authorize deductions from his wages or salary in payment of5-6
premiums therefor.5-7
Sec. 9. NRS 287.043 is hereby amended to read as follows: 287.043 The committee on benefits shall:5-9
1. Act as an advisory body on matters relating to group life, accident5-10
or health insurance, or any combination of these, a program to reduce5-11
taxable compensation or other forms of compensation other than deferred5-12
compensation, for the benefit of all state officers and employees .5-13
5-14
5-15
5-16
5-17
5-18
5-19
5-20
5-21
5-22
coverage to each participating public employer who may be affected by the5-23
changes. Notice must be provided at least 30 days before the effective date5-24
of the changes.5-25
5-26
combination of these, or a program to reduce the amount of taxable5-27
compensation pursuant to 26 U.S.C. § 125, from any company qualified to5-28
do business in this state or provide similar coverage through a plan of self-5-29
insurance for the benefit of all eligible5-30
and retired employees who participate in the state’s program.5-31
5-32
performance of the duties set forth in this section.5-33
5-34
other employee benefits as necessary.5-35
5-36
necessary to carry out the provisions of NRS 287.041 to 287.049,5-37
inclusive, and sections 4 and 5 of this act including , without limitation,5-38
the establishment of:5-39
(a) Fees for applications for participation in the state’s program and for5-40
the late payment of premiums;5-41
(b) Conditions for entry and reentry into the state’s program by public5-42
agencies enumerated in NRS 287.010; and6-1
(c) The levels of participation in the state’s program required for6-2
employees of participating public agencies.6-3
6-4
6-5
6-6
7. As used in this section, "employee benefits" includes any form of6-7
compensation provided to a state employee pursuant to this Title except6-8
federal benefits, wages earned, legal holidays, deferred compensation and6-9
benefits available pursuant to chapter 286 of NRS.6-10
Sec. 10. 1. This section and sections 4 and 5 of this act become6-11
effective on July 1, 1999.6-12
2. Sections 1, 2, 3 and 6 to 9, inclusive, of this act become effective on6-13
January 1, 2000.~