§ 21-5-412 - Eligibility of certain elected officers.
21-5-412. Eligibility of certain elected officers.
(a) Members of the General Assembly and the state-elected constitutional officers who have served a sufficient number of years of credited service to be eligible for retirement benefits upon attainment of retirement age, but who have not yet reached retirement age, shall be eligible to continue to participate in state employees, life and health programs upon leaving elective service.
(b) (1) Any person who is leaving the General Assembly or any state-elected constitutional officer who wishes to participate in the state employee's life and disability program provided for in this subchapter shall be offered continuation of coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985.
(2) (A) An employee with ten (10) or more years of creditable service under the terms of a retirement plan listed in this section shall qualify for continuation of health insurance coverage offered by the board if that employee is separated from employment because of the expiration of a fixed period of employment.
(B) (i) An elected officer qualifying for continuation of coverage under this subsection shall be considered an "eligible inactive retiree" and shall have thirty-one (31) days from the effective date of termination to elect to continue health insurance coverage under this section by notifying the Employee Benefits Division in writing on forms required by the Employee Benefits Division.
(ii) The eligible inactive retiree shall pay the full amount of the insurance premium.
(C) (i) Except as provided in subdivision (b)(3)(C)(ii) of this section, an eligible inactive retiree's failure to make an election during the thirty-one day election period or an eligible inactive retiree's election to decline participation in the health program is final.
(ii) An eligible inactive retiree who declined coverage and any dependents of the eligible inactive retiree shall qualify for coverage in the board-sponsored health benefit program upon payment of the appropriate premium as established by the board, provided the eligible inactive retiree applied for coverage within thirty-one (31) days of the loss of eligibility if:
(a) The eligible inactive retiree who declined coverage specifies in writing that the reason for the declination is because the eligible inactive retiree has coverage through another group health plan;
(b) The eligible inactive retiree's coverage is subsequently terminated because of a loss of eligibility; and
(c) The eligible inactive retiree provides information from the former insurance company confirming the loss of coverage.
(D) (i) An inactive retiree shall be charged the Consolidated Omnibus Budget Reconciliation Act of 1985 premium determined by the board to be actuarially sound with administrative fees deemed appropriate.
(ii) An eligible inactive retiree shall be reclassified as an active retiree upon electing to receive a retirement benefit by a retirement system listed within this section and shall be charged the premium rate appropriate for his or her rating category as an active retiree.