1-3 who disburses money in payment of salaries and wages of officers and

1-4 employees of the state may, upon written requests of the officer or

1-5 employee specifying amounts, withhold those amounts and pay them to:

1-6 1. Charitable organizations;

2-11 employees in the public service, whether in the classified or unclassified

2-12 service, are entitled to sick and disability leave with pay of 1 1/4 working

2-13 days for each month of service, which may be cumulative from year to year.

2-14 After an employee has accumulated 90 working days of sick leave, the

2-15 amount of additional unused sick leave which he is entitled to carry forward

2-16 from one year to the next is limited to one-half of the unused sick leave

2-17 accrued during that year, but the department may by regulation provide for

2-18 subsequent use of unused sick leave accrued but not carried forward by

2-19 reason of this limitation in cases where the employee is suffering from a

2-20 long-term or chronic illness and has used all sick leave otherwise available

2-21 to him. Upon the retirement of an employee, his termination through no

2-22 fault of his own or his death while in public employment, the employee or

2-23 his beneficiaries are entitled to payment for his unused sick leave in excess

2-24 of 30 days, exclusive of any unused sick leave accrued but not carried

2-25 forward, according to his number of years of public service, except service

2-26 with a political subdivision of the state, as follows:

2-27 (a) For 10 years of service or more but less than 15 years, not more than

2-28 $2,500.

2-29 (b) For 15 years of service or more but less than 20 years, not more than

2-30 $4,000.

2-31 (c) For 20 years of service or more but less than 25 years, not more than

2-32 $6,000.

2-33 (d) For 25 years of service or more, not more than $8,000.

2-34 The department may by regulation provide for additional sick and disability

2-35 leave for long-term employees and for prorated sick and disability leave for

2-36 part-time employees.

2-37 2. An employee entitled to payment for unused sick leave pursuant to

2-38 subsection 1 may elect to receive the payment in any one or more of the

2-39 following forms:

2-40 (a) A lump-sum payment.

2-41 (b) An advanced payment of the premiums or contributions for

2-42 insurance coverage for which he is otherwise eligible pursuant to chapter

3-35 subject to the requirements of that section, any officer or employee of the

3-36 governing body of any county, school district, municipal corporation,

3-37 political subdivision, public corporation or other public agency of the State

3-38 of Nevada, who retires under the conditions set forth in NRS 286.510 and,

3-39 at the time of his retirement, was covered or had his dependents covered by

3-40 any group insurance or medical and hospital service established pursuant to

3-41 NRS 287.010 and 287.020, has the option of having the executive officer

3-42 deduct and pay his premium or contribution for that group insurance or

5-37 of the legislature to review the operation of the program and to make

5-38 recommendations to the board, the legislative commission and the

5-39 legislature. The interim benefits committee consists of six members

5-40 appointed as follows:

5-41 (a) Three members of the senate, one of whom is appointed by the

5-42 chairman of the committee on finance during the preceding session and

6-19 of any county, school district, municipal corporation, political subdivision,

6-20 public corporation or other public agency of the State of Nevada retires

6-21 under the conditions set forth in NRS 286.510 or 286.620 and, at the time

6-22 of his retirement, was covered or had his dependents covered by any group

6-23 insurance or medical and hospital service established pursuant to NRS

6-24 287.010 and 287.020, the officer or employee has the option upon

6-25 retirement to cancel or continue any such group insurance or [join the

6-26 state’s program of group insurance or] medical and hospital service

6-27 coverage or join the public employees’ benefits program to the extent that

6-28 such coverage is not provided to him or a dependent by the Health

6-29 Insurance for the Aged Act , [(] 42 U.S.C. §§ 1395 et seq. [).]

6-30 2. A retired person who continues coverage under the [state’s program

6-31 of group insurance] public employees’ benefits program shall assume the

6-32 portion of the premium or membership costs for the coverage continued

6-33 which the governing body does not pay on behalf of retired officers or

6-34 employees. A person who joins the [state’s] public employees’ benefits

6-35 program for the first time upon retirement shall assume all costs for the

6-36 coverage. A dependent of such a retired person has the option, which may

6-37 be exercised to the same extent and in the same manner as the retired

6-38 person, to cancel or continue coverage in effect on the date the retired

6-39 person dies. The dependent is not required to continue to receive retirement

6-40 payments from the public employees’ retirement system [in order] to

6-41 continue coverage.

6-42 3. Except as otherwise provided in NRS 287.0235, notice of the

7-14 287.045, a person or the surviving spouse of a person who did not, at the

7-15 time of his retirement pursuant to the conditions set forth in NRS 286.510

7-16 or 286.620, have the option to participate in the [state’s program of group

7-17 insurance] public employees’ benefits program may join the [state’s

7-18 program of group insurance,] public employees’ benefits program, to the

7-19 extent that such coverage is not provided to him or a dependent by the

7-20 Health Insurance for the Aged Act , [(] 42 U.S.C. §§ 1395 et seq. , [),] by:

7-21 (a) Providing the public employees’ retirement board with written notice

7-22 of his intention to enroll in the [state’s] public employees’ benefits

7-23 program during a period of open enrollment;

7-24 (b) Showing evidence of his good health as a condition of enrollment;

7-25 (c) Accepting the [state program’s] current plan of insurance of the

7-26 public employees’ benefits program and any subsequent changes to the

7-27 plan; and

7-28 (d) Paying any portion of the [policy’s] premiums or contributions for

7-29 the program in the manner set forth in NRS 286.615, which are due [from]

7-30 after the date of enrollment.

7-31 The public employees’ retirement board shall, beginning on September 1,

7-32 1997, have a biennial period of open enrollment between September 1 of

7-33 each odd-numbered year and January 31 of each even-numbered year

7-34 during which eligible retired persons may join the [state’s program of group

7-35 insurance] public employees’ benefits program pursuant to this section.

7-36 2. The public employees’ retirement board shall, on or before

7-37 September 1, 1997, and every September 1 of each odd-numbered year

7-38 thereafter, notify eligible retired persons described in subsection 1 of the

7-39 period of open enrollment by:

7-40 (a) Mailing a notice regarding the period of open enrollment to all

7-41 retired persons who are, according to its records, eligible to join the [state’s

8-23 corporation, political subdivision, public corporation or other public

8-24 agency of the State of Nevada may, in addition to the other powers granted

8-25 in NRS 287.010 and 287.020:

8-26 1. Negotiate and contract with any other such agency or with the

8-27 [committee on benefits for the state’s group insurance plan] board of the

8-28 public employees’ benefits program to secure group insurance for its

8-29 officers and employees and their dependents by participation in any group

8-30 insurance plan established or to be established or in the [state’s group

8-31 insurance plan;] public employees’ benefits program; and

8-32 2. To secure group health insurance or related medical services for its

8-33 officers and employees and their dependents, excluding industrial

8-34 insurance, participate as a member of a nonprofit cooperative association or

8-35 nonprofit corporation established in this state solely to purchase such

8-36 insurance or medical services for its members from an insurer licensed

8-40 assignment of or order for wages or salary shall be deemed in any way to

9-6 make it compulsory upon any governing body of any county, school

9-7 district, municipal corporation, political subdivision, public corporation or

9-8 other public agency of the State of Nevada to make any contributions for

9-9 the payment of any premiums or other costs for group insurance or medical

9-10 or hospital services, or upon any officer or employee of any county, school

9-11 district, municipal corporation, political subdivision, public corporation or

9-12 other public agency of this state to accept or join any plan of group

9-13 insurance or to assign his wages or salary or to authorize deductions from

9-17 composed of five] board of the public employees’ benefits program. The

9-18 board consists of seven members appointed as follows:

9-19 [1. Two members must be selected by the board of directors of the

9-20 State of Nevada Employees Association.

9-21 2. One member must be the director of the department of

9-22 administration.

9-23 3. Two members, one of whom must be an employee retired from state

9-24 service, must be appointed by the governor.]

9-25 (a) One member who has an advanced degree in business

9-26 administration, economics, accounting, insurance, risk management or

9-27 health care administration, appointed by the governor from a list of

9-28 nominees submitted by organizations that represent employees of the

9-29 University and Community College System of Nevada.

9-30 (b) One member who is retired from employment by the State of

9-31 Nevada, appointed by the governor upon consideration of any

9-32 recommendations of organizations that represent retired public

9-33 employees.

9-34 (c) One member who is a classified employee of the state and is not a

9-35 member of an employee organization that represents classified employees

9-36 of the State of Nevada, appointed by the governor.

9-37 (d) One member appointed by the governor from a list of nominees

9-38 submitted by organizations that represent employees of the state.

9-39 (e) One member appointed by the governor from lists of nominees

9-40 submitted by employee organizations representing employees of local

9-41 governments that participate in the program. Each such organization

10-31 constitutes a quorum for the transaction of business.

10-32 2.] No member who is a public employee may receive any

10-33 compensation for his services as a member of the [committee.] board. Any

10-34 member who is [employed in the service of the state] a public employee

10-35 must be granted administrative leave from his duties to engage in the

10-36 business of the [committee] board without loss of his regular

10-37 compensation. Such leave does not reduce the amount of the member’s

10-38 [annual leave.

10-39 3.] other accrued leave.

10-40 2. A member of the [committee] board who is not a public employee is

10-41 entitled to receive $80 per day for his attendance at meetings of the

11-3 1. Act as an advisory body on matters]

11-4 1. The board shall:

11-5 (a) Establish and carry out a program to be known as the public

11-6 employees’ benefits program which:

11-7 (1) Must include a program relating to group life, accident or health

11-8 insurance, or any combination of these [,] ; and

11-9 (2) May include a program to reduce taxable compensation or other

11-10 forms of compensation other than deferred compensation,

11-11 for the benefit of all state officers and employees and other persons who

11-12 participate in the [state’s program of group insurance.

11-13 2. ] program.

11-14 (b) Ensure that the program is funded on an actuarially sound basis

11-15 and operated in accordance with sound insurance and business practices.

11-16 2. In establishing and carrying out the program, the board shall:

11-17 (a) Except as otherwise provided in this [subsection,] paragraph,

11-18 negotiate and contract with the governing body of any public agency

11-19 enumerated in NRS 287.010 which is desirous of obtaining group insurance

11-20 for its officers, employees and retired employees by participation in the

11-21 [state’s program of group insurance. The committee] program. The board

11-22 shall establish separate rates and coverage for those officers, employees

11-23 and retired employees based on actuarial reports.

11-24 [3.] (b) Give public notice in writing of proposed changes in rates or

11-25 coverage to each participating public employer who may be affected by the

11-26 changes. Notice must be provided at least 30 days before the effective date

11-27 of the changes.

11-28 [4.] (c) Purchase policies of life, accident or health insurance, or any

11-29 combination of these, or , if applicable, a program to reduce the amount of

11-30 taxable compensation pursuant to 26 U.S.C. § 125, from any company

11-31 qualified to do business in this state or provide similar coverage through a

11-32 plan of self-insurance established pursuant to NRS 287.0433 for the

11-33 benefit of all eligible public officers, employees and retired employees who

11-34 participate in the [state’s program.

11-35 5. Consult the state risk manager and obtain his advice in the

11-36 performance of the duties set forth in this section.

11-37 6.] program.

11-38 (d) Except as otherwise provided in this Title, develop and establish

11-39 other employee benefits as necessary.

11-40 [7.] (e) Adopt such regulations and perform such other duties as are

11-41 necessary to carry out the provisions of NRS 287.041 to 287.049, inclusive,

11-42 and sections 5 to 12, inclusive, of this act, including , without limitation,

12-36 life, accident or health insurance and provide for the payment of

12-37 contributions into the [self-insurance fund,] fund for the public employees’

12-38 benefits program established pursuant to NRS 287.0435, a schedule of

12-39 benefits and the disbursement of benefits from the fund. The [committee]

12-40 board may reinsure any risk or any part of such a risk. [Payments into and

12-41 disbursements from the fund must be so arranged as to keep the fund

13-3 1. Use its assets to pay the expenses of health care for its members and

13-4 covered dependents, to pay its employees’ salaries and to pay

13-5 administrative and other expenses.

13-6 2. Enter into contracts relating to the administration of [a plan of

13-7 insurance,] the program, including , without limitation, contracts with

13-8 licensed administrators and qualified actuaries.

13-9 3. Enter into contracts with physicians, surgeons, hospitals, health

13-10 maintenance organizations and rehabilitative facilities for medical, surgical

13-11 and rehabilitative care and the evaluation, treatment and nursing care of

13-12 members and covered dependents.

13-13 4. Enter into contracts for the services of other experts and specialists

13-14 as required by [a plan of insurance.] the program.

13-15 5. Charge and collect from an insurer, health maintenance organization,

13-16 organization for dental care or nonprofit medical service corporation, a fee

13-17 for the actual expenses incurred by the [committee,] board, the state or a

13-18 participating public employer in administering a plan of insurance offered

13-22 committee on benefits, there is created a self-insurance fund as a trust fund

13-23 for the purpose of receiving contributions. The self-insurance] All money

13-24 received for the program, including, without limitation, premiums and

13-25 contributions, must be deposited in the state treasury for credit to the

13-26 fund for the public employees’ benefits program which is hereby created

13-27 as a trust fund. The fund must be accounted for as an internal service fund.

13-28 Payments into and disbursements from the fund must be so arranged as

13-29 to keep the fund solvent at all times.

13-30 2. The money in the fund must be invested as other money of the state

13-31 is invested and any income from investments paid into the fund for the

13-32 benefit of the fund.

13-33 3. Disbursements from the fund must be made as any other claims

13-34 against the state are paid.

13-35 4. The state treasurer may charge a reasonable fee for his services in

13-36 administering the fund, but the state, the state general fund and the state

13-37 treasurer are not liable to the fund for any loss sustained by the fund as a

13-38 result of any investment made on behalf of the fund or any loss sustained in

13-39 the operation of the [plan of self-insurance. The state is liable for

13-40 indemnification of the committee on benefits, the state risk manager and

13-41 other employees of the state against liability relating to the administration

13-42 of the state’s program of group insurance, subject to the limitations

14-3 technical and clerical personnel as necessary to assist it in the operation of

14-4 the plan of self-insurance. Their salaries and other costs must be paid out of

14-5 the self-insurance fund. The committee shall prepare a budget for these

14-6 costs in the manner prescribed for state agencies.]

14-7 1. The executive officer may appoint a quality control officer,

14-8 operations officer, accounting officer, information technology systems

14-9 officer and executive assistant who are in the unclassified service of the

14-10 state and serve at the pleasure of the executive officer. The appointment

14-11 and dismissal of the quality control officer are subject to the approval of

14-12 the board.

14-13 2. The quality control officer, operations officer, accounting officer

14-14 and information technology systems officer must each be a graduate of a

14-15 4-year college or university with a degree that is appropriate to their

14-16 respective responsibilities or possess equivalent experience as determined

14-17 by the board.

14-18 3. The quality control officer, operations officer, accounting officer,

14-19 information technology systems officer and executive assistant are

14-20 entitled to annual salaries fixed by the board with the approval of the

14-21 interim benefits committee created by section 12 of this act. The salaries

14-22 of these employees are exempt from the limitations set forth in NRS

14-23 281.123.

14-24 4. The executive officer may employ such staff in the classified

14-25 service of the state as are necessary for the performance of his duties,

14-29 members, the correspondence, files, minutes and books of the [plan]

14-33 furnish to the [committee on benefits] board any information necessary to

14-34 carry out the provisions of this chapter. Members of the [committee] board

14-35 and its employees or agents may examine under oath any officer, agent or

14-36 employee of a participating public employer concerning the information.

14-37 2. The books, records and payrolls of a participating public employer

14-38 must be available for inspection by members of the [committee] board and

14-39 its employees and agents to obtain any information necessary for the

14-40 administration of the [plan,] program, including , without limitation, the

15-3 that group insurance, not to exceed the amount specified by law, applied to

15-4 both group life and group accident or health coverage, for each public

15-5 officer, except a senator or assemblyman, or employee electing to

15-6 participate in the [group insurance] program, may be paid by the

15-7 department, agency, commission or public agency which employs the

15-8 officer or employee in whose behalf that part is paid from money

15-9 appropriated to or authorized for that department, agency, commission or

15-10 public agency for that purpose. Participation by the state in the cost of

15-11 premiums or contributions must not exceed the amounts specified by law. If

15-12 an officer or employee chooses to cover his dependents, whenever this

15-13 option is made available by the [committee on benefits,] board, he must

15-14 pay the difference between the amount of the premium or contribution for

15-15 the coverage for himself and his dependents and the amount paid by the

15-16 state.

15-17 2. A department, agency, commission or public agency shall not pay

15-18 any part of those premiums or contributions if the group life insurance or

15-19 group accident or health insurance is not approved by the [committee on

15-23 employed an officer or employee who:

15-24 1. Was injured in the course of that employment;

15-25 2. Receives compensation for a temporary total disability pursuant to

15-26 NRS 616C.475; and

15-27 3. Was a member of the [state’s program of group insurance] program

15-28 at the time of the injury,

15-29 shall pay the state’s share of the cost of the premiums [of the group

15-30 insurance] or contributions for the program for that officer or employee

15-31 for [a period of] not more than 9 months after the injury or until the officer

15-32 or employee is able to return to work, whichever is less. If the previous

15-33 injury recurs within 1 month after the employee returns to work and the

15-34 employee again receives compensation pursuant to NRS 616C.475 as a

15-35 result of the previous injury, the department, agency, commission or public

15-36 agency shall not, except as otherwise provided in this subsection, pay the

15-37 state’s share of the cost of the premiums or contributions for the period

15-38 during which the employee is unable to work as a result of the recurring

15-39 previous injury. If the initial period of disability was less than 9 months, the

15-40 department, agency, commission or public agency shall pay, during the

15-41 recurrence, the state’s share of the costs of the premiums or contributions

15-42 for a period which, when added to the initial period, equals not more than 9

16-3 or employee of the state is eligible to participate in the program on the first

16-4 day of the month following the completion of 90 days of full-time

16-5 employment.

16-6 2. Professional employees of the University and Community College

16-7 System of Nevada who have annual employment contracts are eligible to

16-8 participate in the program on:

16-9 (a) The effective dates of their respective employment contracts, if those

16-10 dates are on the first day of a month; or

16-11 (b) The first day of the month following the effective dates of their

16-12 respective employment contracts, if those dates are not on the first day of a

16-13 month.

16-14 3. Every officer or employee who is employed by a participating public

16-15 agency on a permanent and full-time basis on the date the agency enters

16-16 into an agreement to participate in the [state’s group insurance] program,

16-17 and every officer or employee who commences his employment after that

16-18 date is eligible to participate in the program on the first day of the month

16-19 following the completion of 90 days of full-time employment.

16-20 4. Every senator and assemblyman is eligible to participate in the

16-21 program on the first day of the month following the 90th day after his initial

16-22 term of office begins.

16-23 5. An officer or employee of the governing body of any county, school

16-24 district, municipal corporation, political subdivision, public corporation or

16-25 other public agency of the State of Nevada who retires under the conditions

16-26 set forth in NRS 286.510 or 286.620 and was not participating in the

16-27 [state’s group insurance] program at the time of his retirement is eligible to

16-28 participate in the program 30 days after notice of the selection to participate

16-29 is given pursuant to NRS 287.023 or 287.0235. The [committee on

16-30 benefits] board shall make a separate accounting for these retired persons.

16-31 For the first year following enrollment, the rates charged must be the full

16-32 actuarial costs determined by the actuary based upon the expected claims

16-33 experience with these retired persons. The claims experience of these

16-34 retired persons must not be commingled with the retired persons who were

16-35 members of the [state’s] program before their retirement, nor with active

16-36 employees of the state. After the first year following enrollment, the rates

16-37 charged must be the full actuarial costs determined by the actuary based

16-38 upon the past claims experience of these retired persons since enrolling.

16-39 6. Notwithstanding the provisions of subsections 1, 3 and 4, if the

16-40 [committee on benefits] board does not, pursuant to NRS 689B.580, elect

16-41 to exclude the program from compliance with NRS 689B.340 to 689B.600,

16-42 inclusive, and if the coverage under the program is provided by a health

17-6 other participating officer or employee who elects to participate in the

17-7 [state’s group insurance] program may participate, and the department,

17-8 agency, commission or public agency that employs the officer or employee

17-9 shall pay the state’s share of the cost of the premiums or contributions for

17-10 the [group insurance] program from money appropriated or authorized as

17-11 provided in NRS 287.044. Employees who elect to participate in the

17-12 [state’s group insurance] program must authorize deductions from their

17-13 compensation for the payment of premiums or contributions [on the

17-14 insurance.] for the program.

17-15 2. The department of personnel shall pay a percentage of the base

17-16 amount provided by law for that fiscal year toward the cost of the premiums

17-17 or contributions for [group insurance] the program for persons retired from

17-18 the service of the state who have continued to participate [.] in the

17-19 program. Except as otherwise provided in subsection 3, the percentage to

17-20 be paid must be calculated as follows:

17-21 (a) For those persons who retire before January 1, 1994, 100 percent of

17-22 the base amount provided by law for that fiscal year.

17-23 (b) For those persons who retire on or after January 1, 1994, with at

17-24 least 5 years of state service, 25 percent plus an additional 7.5 percent for

17-25 each year of service in excess of 5 years to a maximum of 137.5 percent,

17-26 excluding service purchased pursuant to NRS 286.300, of the base amount

17-27 provided by law for that fiscal year.

17-28 3. If the amount calculated pursuant to subsection 2 exceeds the actual

17-29 premium [of] or contribution for the plan of the program that the retired

17-30 participant selects, the balance must be credited to the [self-insurance] fund

17-31 for the public employees’ benefits program created pursuant to NRS

17-32 287.0435.

17-33 4. For the purposes of subsection 2:

17-34 (a) Credit for service must be calculated in the manner provided by

17-35 chapter 286 of NRS.

17-36 (b) No proration may be made for a partial year of service.

17-37 5. The department shall agree through the [committee on benefits]

17-38 board with the insurer for billing of remaining premiums or contributions

17-39 for the retired participant and his dependents to the retired participant and

17-40 to his dependents who elect to continue coverage under the [group

18-6 such an officer or employee incurs an illness or injury for which medical

18-7 services are payable under the plan for self-insurance [adopted] established

18-8 by the [committee on benefits] board and the illness or injury is incurred

18-9 under circumstances creating a legal liability in some person, other than the

18-10 officer, employee or dependent, to pay all or part of the cost of those

18-11 services, the [committee on benefits] board is subrogated to the right of the

18-12 officer, employee or dependent to the extent of all such costs, and may join

18-13 or intervene in any action by the officer, employee or dependent or his

18-14 successors in interest, to enforce that legal liability.

18-15 2. If an officer, employee or dependent or his successors in interest fail

18-16 or refuse to commence an action to enforce that legal liability, the

18-17 [committee on benefits] board may commence an independent action, after

18-18 notice to the officer, employee or dependent or his successors in interest, to

18-19 recover all costs to which it is entitled. In any such action by the

18-20 [committee on benefits,] board, the officer, employee or dependent may be

18-21 joined as a third party defendant.

18-22 3. If the [committee on benefits] board is subrogated to the rights of

18-23 the officer, employee or dependent or his successors in interest as provided

18-24 in subsection 1, the [committee on benefits] board has a lien upon the total

18-25 proceeds of any recovery from the persons liable, whether the proceeds of

18-26 the recovery are by way of a judgment or settlement or otherwise. Within

18-27 15 days after recovery by receipt of the proceeds of the judgment,

18-28 settlement or other recovery, the officer, employee or dependent or his

18-29 successors in interest shall notify the [committee on benefits] board of the

18-30 recovery and pay the [committee on benefits] board the amount due to it

18-31 pursuant to this section. The officer, employee or dependent or his

18-32 successors in interest are not entitled to double recovery for the same

18-33 injury.

18-34 4. The officer, employee or dependent or his successors in interest

18-35 shall notify the [committee on benefits] board in writing before entering

18-36 any settlement or agreement or commencing any action to enforce the legal

18-40 between the state and the insurance company which issued the policies

18-41 pursuant to the program or with the plan of self-insurance [:] of the

19-10 286.510 or 286.620 or a retirement program provided pursuant to NRS

19-11 286.802, or the surviving spouse of such a retired public employee who is

19-12 deceased may, in any even-numbered year, reinstate any insurance, except

19-13 life insurance, which was provided to him and his dependents at the time of

19-14 his retirement [under NRS 287.010, 287.020 or 287.0433] pursuant to

19-15 NRS 287.010 or 287.020 or the program as a public employee by:

19-16 (a) Giving written notice of his intent to reinstate the insurance to the

19-17 employee’s last public employer not later than January 31, of an even-

19-18 numbered year;

19-19 (b) Accepting the public employer’s current program or plan of

19-20 insurance and any subsequent changes thereto; and

19-21 (c) Paying any portion of the [policy’s premiums,] premiums or

19-22 contributions of the public employer’s program or plan of insurance, in

19-23 the manner set forth in NRS 286.615, which are due from the date of

19-24 reinstatement and not paid by the public employer.

19-25 The last public employer shall give the insurer notice of the reinstatement

19-26 no later than March 31, of the year in which the public employee or

19-27 surviving spouse gives notice of his intent to reinstate the insurance. The

19-28 insurer shall approve or disapprove the request for reinstatement within 90

19-29 days after the date of the request.

19-30 2. Reinstatement of insurance excludes claims for expenses for any

19-31 condition for which medical advice, treatment or consultation was rendered

19-32 within [12] 6 months before reinstatement unless:

19-33 (a) The person has not received any medical advice, treatment or

19-34 consultation for a period of 6 consecutive months after the reinstatement; or

19-35 (b) The reinstated insurance has been in effect more than 12 consecutive

19-36 months.

19-37 [3. The retired public employee, his dependents and the surviving

19-38 spouse of a retired public employee who is deceased must show evidence

19-42 inclusive, of this act, do not require any officer or employee of the State of

20-6 the program as provided in NRS 287.044 must be budgeted for as other

20-10 board of regents of the University of Nevada may agree with any of its

20-11 employees, to reduce the amount of taxable compensation due to an

20-12 employee in accordance with a program established pursuant to 26 U.S.C. §

20-13 125 by the [committee on benefits.] board of the public employees’

20-14 benefits program.

20-15 2. Political subdivisions of this state may agree with any of their

20-16 employees to reduce the amount of taxable compensation due to an

20-17 employee in accordance with a program established pursuant to 26 U.S.C. §

20-18 125.

20-19 3. The employer shall deduct an amount from the taxable

20-20 compensation of an employee pursuant to the agreement between the

20-21 employer and the employee.

20-22 4. An employer shall not make any reduction in the taxable

20-23 compensation of an employee pursuant to this section until the program

20-24 established meets the requirements of 26 U.S.C. § 125 for eligibility.

20-25 5. The [committee on benefits] board of the public employees’

20-26 benefits program may establish and administer a program pursuant to 26

20-27 U.S.C. § 125. The [committee] board may:

20-28 (a) Create an appropriate fund for administration of money and other

20-29 assets resulting from the money deducted [under] pursuant to the program.

20-30 (b) Delegate to one or more state agencies or institutions of the

20-31 University and Community College System of Nevada the responsibility for

20-32 administering the program for their respective employees, including [:] ,

20-33 without limitation:

20-34 (1) Collection of money deducted;

20-35 (2) Transmittal of money collected to depositories within the state

20-36 designated by the [committee;] board; and

20-37 (3) Payment for eligible uses.

20-38 (c) Contract with a natural person, corporation, institution or other

20-39 entity, directly or through a state agency or institution of the University and

20-40 Community College System of Nevada, for services necessary to the

20-41 administration of the plan, including [:] , without limitation:

21-15 requirements of this chapter:

21-16 (a) The governor.

21-17 (b) The department of prisons.

21-18 (c) The University and Community College System of Nevada.

21-19 (d) The office of the military.

21-20 (e) The state gaming control board.

21-21 (f) The Nevada gaming commission.

21-22 (g) The welfare division of the department of human resources.

21-23 (h) The state board of examiners acting pursuant to chapter 217 of NRS.

21-24 (i) Except as otherwise provided in NRS 533.365, the office of the state

21-25 engineer.

21-26 2. Except as otherwise provided in NRS 391.323, the department of

21-27 education, the [committee on benefits] board of the public employees’

21-28 benefits program and the commission on professional standards in

21-29 education are subject to the provisions of this chapter for the purpose of

21-30 adopting regulations but not with respect to any contested case.

21-31 3. The special provisions of:

21-32 (a) Chapter 612 of NRS for the distribution of regulations by and the

21-33 judicial review of decisions of the employment security division of the

21-34 department of employment, training and rehabilitation;

21-35 (b) Chapters 616A to 617, inclusive, of NRS for the determination of

21-36 contested claims;

21-37 (c) Chapter 703 of NRS for the judicial review of decisions of the public

21-38 utilities commission of Nevada;

21-39 (d) Chapter 91 of NRS for the judicial review of decisions of the

21-40 administrator of the securities division of the office of the secretary of state;

21-41 and

21-42 (e) NRS 90.800 for the use of summary orders in contested cases,

22-20 more political subdivisions of this state, agencies of the state or the

22-21 University and Community College System of Nevada may enter into a

22-22 cooperative agreement for the purchase of insurance or the establishment of

22-23 a self-insurance reserve or fund for coverage under a plan of:

22-24 (a) Casualty insurance, as that term is defined in NRS 681A.020;

22-25 (b) Marine and transportation insurance, as that term is defined in NRS

22-26 681A.050;

22-27 (c) Property insurance, as that term is defined in NRS 681A.060;

22-28 (d) Surety insurance, as that term is defined in NRS 681A.070;

22-29 (e) Health insurance, as that term is defined in NRS 681A.030; or

22-30 (f) Insurance for any combination of these kinds of protection.

22-31 2. Any political subdivision of the state, any agency of the state or the

22-32 University and Community College System of Nevada which participates in

22-33 the [state’s program of group insurance] public employees’ benefits

22-34 program shall obtain the approval of the [committee on benefits] board of

22-35 the public employees’ benefits program before it enters into a cooperative

22-36 agreement for the purchase of health insurance pursuant to paragraph (e) of

22-37 subsection 1.

22-38 3. Any such agreement may obligate the respective parties to pledge

22-39 revenues or contribute money to secure the obligations or pay the expenses

22-40 of the cooperative undertaking and may provide for the establishment of a

23-8 1. Direct and supervise all administrative and technical activities of the

23-9 risk management division.

23-10 2. Determine the nature and extent of requirements for insurance, other

23-11 than group life, accident or health insurance, on risks of an insurable nature

23-12 of the state and any of its agencies, the premiums for which are payable in

23-13 whole or in part from public money.

23-14 3. Negotiate for, procure, purchase and have placed, through a licensed

23-15 insurance agent or broker residing or domiciled in Nevada, or continued in

23-16 effect all insurance coverages, other than employee group life, accident or

23-17 health insurance, which may be reasonably obtainable, whether from

23-18 insurers authorized to transact business in this state or under the surplus

23-19 lines provisions of chapter 685A of NRS.

23-20 4. Conduct periodic inspections of premises, property and risks to

23-21 determine insurability, risk and premium rate, and submit a written report

23-22 of each inspection and appraisal, together with any recommendations that

23-23 appear appropriate, to the administrator of the agency most responsible for

23-24 the premises, property or risk, and to the director of the department of

23-25 administration.

23-26 5. Provide for self-insurance if the potential loss is relatively

23-27 insignificant or if the risk is highly predictable and the probability of loss is

23-28 so slight that the cost of insuring the risk is not a prudent expenditure of

23-29 public funds, or if insurance is unavailable or unavailable at a reasonable

23-30 cost.

23-31 6. Select reasonable deductibles when it appears economically

23-32 advantageous to the state to do so.

23-33 7. Select comprehensive and blanket coverages insuring the property of

23-34 two or more state agencies when that appears economically advisable.

23-35 8. Investigate and determine the reliability and financial condition of

23-36 insurers, and the services they provide.

23-37 9. Minimize risks by adopting and promoting programs to control

23-38 losses and encourage safety.

23-39 10. Perform any of the services described in subsections 2, 3 and 4 for

23-40 any political subdivision of the state at the request of its managing officer

23-41 or governing body.

24-4 new section to read as follows:

24-5 1. The commissioner shall adopt regulations which require the use of

24-6 uniform claim forms and billing codes and the ability to make

24-7 compatible electronic data transfers for all insurers and administrators

24-8 authorized to conduct business in this state relating to a health care plan

24-9 or health insurance or providing or arranging for the provision of health

24-10 care services, including, without limitation, an insurer that issues a

24-11 policy of health insurance, an insurer that issues a policy of group health

24-12 insurance, a carrier serving small employers, a fraternal benefit society,

24-13 a hospital or medical service corporation, a health maintenance

24-14 organization, a plan for dental care and a prepaid limited health service

24-15 organization.

24-16 2. As used in this section:

24-17 (a) "Administrator" has the meaning ascribed to it in NRS 683A.025.

24-18 (b) "Health care plan" means a policy, contract, certificate or

24-19 agreement offered or issued by an insurer to provide, deliver, arrange

24-23 discontinued policy or coverage for group health insurance must:

24-24 (a) Provide coverage for all persons who were covered under the

24-25 previous policy or coverage on the date it was discontinued; and

24-26 (b) Except as otherwise provided in subsection 2, provide benefits

24-27 which are at least as extensive as the benefits provided by the previous

24-28 policy or coverage, except that benefits may be reduced or excluded to the

24-29 extent that such a reduction or exclusion was permissible under the terms of

24-30 the previous policy or coverage,

24-31 if that replacement policy is issued within 60 days after the date on which

24-32 the previous policy or coverage was discontinued.

24-33 2. If an employer obtains a replacement policy pursuant to subsection 1

24-34 to cover his employees, any benefits provided by the previous policy or

24-35 coverage may be reduced if notice of the reduction is given to his

24-36 employees pursuant to NRS 608.1577.

24-37 3. Any insurer which issues a replacement policy pursuant to

24-38 subsection 1 may submit a written request to the insurer who provided the

24-39 previous policy or coverage for a statement of benefits which were

24-40 provided under that policy or coverage. Upon receiving such a request, the