Current through Rules and Regulations filed through March 20, 2024
(1) Establishment
of the Council. The Governor shall appoint an Employee Benefit Plan Council
consisting of the following members: (07-30-86/08-08-86)
(a) The five members of the State Personnel
Board who shall serve for terms of office which correspond with their terms of
office on the State Personnel Board; (07-30-86/08-08-86)
(b) Two department heads who have employees
eligible to participate in the employee benefit plans, which department heads
shall serve for terms of office of four years provided, however, that the
initial term of one of such appointees shall be two years; and provided,
further, that the office of such a member shall be vacant if he ceases to be a
department head; (07-30-86/08-08-86)
(c) Two State employees who are eligible to
participate in the employee benefit plans, which State employees shall serve
for terms of office of four years, provided, however, that the initial term of
one of such appointees shall be two years; and provided, further, that the
office of such a member shall become vacant if he ceases to be a State
employee; and (07-30-86/08-08-86)
(d) One member from a corporation domiciled
in the State of Georgia that insures or administers employee benefit plans,
which member shall serve for a term of office of four years.
(07-30-86/08-08-86)
(2)
Filling of a Vacancy. Successors to the members of Council shall have the same
qualifications and shall be appointed by the Governor for terms of office of
four years and until their successors are appointed and qualified. A vacancy on
the Council shall be filled by the Governor, who shall appoint a successor who
possesses the same qualification as his predecessor and who will serve for the
unexpired term. (07-30-86/08-08-86)
(3) Organization of the Council. The chair of
the Council shall be appointed by the Governor and shall be synonymous with the
chair of the State Personnel Board. (07-30-86/08-08-86)
(a) Election of the chair shall be in
accordance with State Personnel Board Rules and Regulations.
(07-30-86/08-08-86)
(b) The
vice-chair shall be elected from among the members who do not serve as a member
of the State Personnel Board. The Council shall elect a vice-chair at a meeting
in December of each year for a term of one year. A vice-chair shall be eligible
for election to a successive term. If the office of the vice-chair is vacated
for any reason before the expiration of his term, the Council shall elect a
successor at its next meeting. (07-30-86/08-08-86)
(4) Meetings. Meetings of the Council shall
be scheduled at the discretion of the Council chair. Where feasible, the
meetings will be scheduled in conjunction with the meetings of the State
Personnel Board as provided in Georgia Law, Chapter 20, Title 45. All meetings
of the Council shall be open to the public. (07-30-86/08-08-86)
(5) Quorum.Six members shall constitute a
quorum. When fewer than ten members have been appointed to the Council, a
quorum shall consist of the majority of the members currently serving on the
Council. A majority of affirmative votes of the members in attendance is
necessary for the transaction of any business or discharge of any duties by the
Council. (3-27-97/04-09-97) (7-28-03/7-1-05)
(6) Minutes. The time and place of each
meeting of the Council, names of the Council members present, all official acts
of the Council, and the votes of each member except when the acts are unanimous
shall be recorded in the official minutes of the Council. When requested a
Council member's approval or dissent, with the reasons therefor shall be
recorded in the minutes. The Commissioner shall cause the minutes to be
transcribed and presented for approval or amendment at the next meeting. The
minutes or a true copy thereof, certified by a majority of the Council, shall
be open to inspection by the departments and the public.
(07-30-86/08-08-86)
(7)
Participation. The Commissioner and the departments shall have the right to
attend or be represented at, and to participate in meetings of the Council, but
shall be without voting power. (07-30-86/08-08-86)
(8) Compensation of Members. The Employee
Benefit Plan Council members shall receive no compensation, but shall receive
reimbursement for expenses or an expense allowance per day as follows:
(07-30-86/08-08-86)
(a) Council members who
are also Board members shall receive the same expense allowance per day as that
allowed in Georgia Law Chapter 20, Title 45, provided that only one allowance
for the same day of Board meetings or official business shall be permitted.
(07-30-86/08-08-86)
(b) Council
members who are in State employment shall be reimbursed by the State department
in which employed for all necessary expenses that may be incurred in the
performance of their duties. Such reimbursement shall be in conformity with
regulations published by the appropriate State officials.
(07-30-86/08-08-86)
(c) Council
members who are not in State employment shall receive an expense allowance in
the same amount as that authorized for the General Assembly and shall be
payable from the funds allocated to the State Personnel Administration.
(07-30-86/08-08-86)
(9)
Functions, Powers and Duties of the Council, The Employee Benefits Plan Council
shall prescribe the general policies by which the Plan shall be administered.
Specific functions of the Council are: (07-30-86/08-08-86)
(a) to adopt specific regulations to govern
the administration of the Plans after review of proposed regulations for a
minimum of thirty (30) days; (07-30-86/08-08-86)
(b) to adopt specific benefit plan features
after a review of proposed benefit plan(s) for a minimum of thirty (30) days;
(07-30-86/ 08-08-86)
(c) to approve
the contractor(s) after evaluation of proposals from any qualified entity for
providing any part of the benefits, other than health benefits, authorized by
the Council; (07-30-86/08-08-86)
(d) to approve self-insurance or
self-administration as permitted by law in whole or in part for flexible
benefit plan features, other than for health benefits. (Authority O.C.G.A.
45-18-51, 45-18-52)
(07-30-86/08-08-86)
(e) to adopt
other employee benefit plans authorized for tax-advantage under IRC. All
eligibility and administrative policies of other plans approved this provision
shall be incorporated into the respective plans.
(f) The Council delegates to the Commissioner
authority to effect administrative changes to the Flexible Benefit Plan
document, as prescribed by rules, regulations and state and federal law.
(Authority O.C.G.A.
45-18-51, 45-18-52)
(03-27-97/04-09-97) (10-06-05, 10-26-05)
(10) Functions, Powers, and Duties of the
Commissioner. The Commissioner of Personnel Administration shall be the
Executive Secretary to the Council and shall provide the Council with staff
support and other assistance as necessary in the perfomance of the Council's
duties. He shall employ such personnel as may be necessary to carry out his
duties and responsibilities and is authorized to delegate duties and
responsibilities at his discretion. (Authority O.C.G.A.
45-18-51, 45-18-55)
(07-30-86/08-08-86)
(a) Executive Officer.
The Commissioner of Personnel Administration shall be the executive officer for
the administration of the flexible benefit plans and shall administer the
Flexible Benefits Program in accordance with the regulations and policies of
the Council. (Authority O.C.G.A.
45-18-51, 45-18-55)
(07-30-86/08-08-86)
(b) Custodian
of Funds. The Commissioner shall be the custodian of all funds as may be
required by the implementation of the Plan. The Commissioner shall establish
procedures for accounting for all income from any source which shall constitute
a fund in trust on behalf of the employees. Any amounts remaining in such fund
after all expenses have been paid shall be retained wholly for the benefit of
the employees. (Authority O.C.G.A.
45-18-55)
(07-30-86/08-08-86)
(c) Recommend
Regulation Amendments. The Commissioner shall recommend to the Council
amendments to the regulations, cause all regulations to be published, forward
copies thereof to the departments, and maintain supplies thereof in the offices
of the State Personnel Administration He shall distribute copies of proposed
regulations and approved regulations in conformity with requirements of Georgia
Law Chapter 20, Title 45. (Authority O.C.G.A.
45-18-51, 45-18-55)
(07-30-86/08-08-86)
(d) Invite
Proposals. The Commissioner shall, prior to entering into any contract to
provide benefits, invite proposals from and allow a reasonable time for
qualified corporations or entities to bid on providing approved Plan benefits.
(Authority O.C.G.A.
45-18-56)
(07-30-86/08-08-86)
(e) Execute
Contracts. The Commissioner is authorized to execute a contract or contracts to
provide the benefits as approved in the Plan. Such contract or contracts may be
executed with one or more corporations licensed to transact business in
Georgia. (Authority O.C.G.A.
45-18-56)
(07-30-86/08-08-86)
(f) Develop and
Publish Plan Document(s). The Commissioner shall cause to be developed a
summary plan document or certificate of coverage for each benefit or group of
benefits. The plan document must include the approved schedule of benefits,
eligibility requirements, termination of coverage, to whom claims should be
submitted, and other administrative requirements. The Commissioner shall cause
the plan document(s) to be printed and distributed to each department for each
covered employee. (Authority O.C.G.A.
45-18-52)
(07-30-86/08-08-86)
(g) Establish
Procedures for Administration. The Commissioner shall, in consultation with the
departments, establish procedures for the effective administration of the
Flexible Benefits Program. Such procedures shall be published and distributed
to the departments. (Authority O.C.G.A.
45-18-52)
(07-30-86/08-08-86)
(h) Establish
Procedures for Quality Assurance. The Commissioner shall, in consultation with
the departments, establish procedures and criteria for assuring that Flexible
Benefit Plan and employee records are maintained accurately and in compliance
with these regulations and contract provisions, and that claims for benefits
can be accurately and timely presented to the contractor. (Authority O.C.G.A.
45-18-52)
(07-30-86/08-08-86)
(11)
Functions, Responsibilities, and Duties of the Departments. Each department or
agency is charged with complying with these regulations. Statements made by the
staff of the departments that are in conflict with these regulations, the
contracted schedule of benefits, or the summary plan document shall not be
binding on the Administrator or Contractor. (Authority O.C.G.A.
45-18-52)
(12-18-90/01-10-91)
(a) Liability Limited.
The Council, the various departments, and their employees shall not incur any
liability for errors or omissions made in the performance of the agreement
between the departments and agencies and the employee. (Authority O.C.G.A.
45-18-58)
(12-18-90/01-10-91)
(b) Enroll
Eligible Employees. Each department shall offer the Plan to all persons who are
eligible under these regulations. The department shall require each new
employee to complete, within fifteen (15) calendar days of reporting to work, a
form for enrolling, declining, or waiving enrollment in the benefit options.
(Authority O.C.G.A.
45-18-53)
(12-18-90/01-10-91)
(c) Deduct
Employee Premium Amounts. Each department is authorized to deduct or reduce
from salary or wages voluntarily designated amounts by the employees when
enrolling in any option offered by the Council, unless participation in a
specific benefit is not allowed by underwriting or other contractual
requirements. (Authority O.C.G.A.
45-18-53;
45-18-52)
(12-18-90/01-10-91)
(d) Collect
Premiums for Employees on Suspension or Approved Leave Without Pay. Each
department is responsible for informing an employee on suspension or approved
leave without pay that the appropriate insurance premium amounts and health
care spending account contributions must be paid in order to maintain coverage
for the insurance and health care spending account options selected by the
employee. When the employee is out of pay status for less than four (4) months,
the department shall collect the appropriate insurance premiums and health care
spending account contributions from the employee's salary before a planned
absence or upon return unless the employee has voluntarily remitted the
premiums while out of pay status to the department or to the Administrator.
When the employee is absent without pay for longer than three (3) months or
collecting the premium payments and health care spending account contributions
prior to the absence is not feasible, the department is responsible for
instructing the employee to remit the funds to the Administrator. The
Regulations of the State Personnel Board for the Health Benefit Plan shall be
applied to the health benefits option. (Authority O.C.G.A.
45-18-53)
(06-28-90/07-01-90)
(e) Remit
Employee Premium Amounts. Each department shall make every effort to remit the
amount of premiums deducted or reduced from the employee's compensation within
five (5) working days following the payroll end date. Each department shall
remit the premiums collected from the employees while on suspension or an
approved leave of absence without pay in accordance with procedures established
by the Administrator. (Authority O.C.G.A.
45-18-55)
(06-28-90/07-01-90)
(f) Provide
Plan Document to Each Enrolled Employee. Each department shall distribute the
summary plan document(s) to each enrolled employee and shall make the plan
document available for each eligible employee. (Authority O.C.G.A.
45-18-53)
(07-30-86/08-08-86)
(g) Provide
Certification of Employment Information on Claim. Each department, unless the
Administrator instructs otherwise, shall provide certification of employment
information to the benefit contractor at the time of an employee claim. A copy
of the application or certification form shall be forwarded to the
Administrator. (Authority O.C.G.A.
45-18-52)
(07-30-86/08-08-86)
(h) Modify
Payroll Systems. When applicable, the department shall modify the payroll
systems, manual or mechanized, to comply with the salary reduction aspects of
the Plan. The department shall also modify the process to calculate the
appropriate premiums, calculate the taxable income applicable for each
employee, report the taxable income to each employee, and report taxable income
to the Internal Revenue Service. (Authority O.C.G.A.
45-18-52)
(07-30-86/08-08-86)
(i) Audit
Departmental Subdivision Payrolls. Any department having organizational
subdivisions which maintain separate payroll systems shall cause to be reported
the name, enrollment participation, type of benefits contract, and effective
date of the contract for any optional benefit plans for each subdivision. The
report should be compiled through internal audits or required in certified
public accounting audits. The reports shall be submitted to the department
which shall review and report any exceptions to these regulations to the
Administrator for appropriate action. (Authority O.C.G.A.
45-18-52)
(07-30-86/08-08-86)
(j) Retain
Departmental Optional Plans. Each State Employer shall have the option to
determine whether or not the employees within that department shall continue
payroll deductions for any optional plans that were in operation on January 1,
1986. Each Educational Institution shall have the option to determine whether
or not the employees of that educational institution shall continue payroll
deductions for any optional plans that were in operation on January 1, 1991.
Continuation of any optional plan(s) shall be limited to the same type benefits
and the same insurer. Departments may increase coverage amounts of various
insurances, but are not permitted to change the structure of the optional plan.
Departments shall have the discretion of allowing continued enrollment in the
optional plan(s). When continued enrollment is permitted, the departments shall
be requested by the Administrator to convert, prior to April 1, 1988,
enrollment in the optional plan(s) to the enrollment period as defined in
Section 478-2-05. If the departments
comply with the request, all future enrollment periods for that agency's
sponsored optional plans shall be in accordance with these regulations.
(Authority O.C.G.A.
45-18-52;
45-18-54)
(12-18-90/01-10-91)
(k) Educational
Institution Election. Each Educational Institution shall have the option to
elect to participate in the Plan, as announced by the Administrator. Such
election shall be filed with the Administrator in sufficient time for
conducting an open enrollment period consistent with the following Plan Year.
Termination of an election may occur only at the end of a Plan Year and after a
twelve-month written notice to the Administrator. Termination of the election
cannot be effectuated for a minimum of twenty-four months following the first
effective date of coverage under the Plan. (O.C.G.A.
45-18-54)
(12-18-90/01-10-91)
(l) Educational
Institution's Administrative Fee. Each Educational Institution that elects to
participate in the Plan shall pay a pro rata share of the administrative cost
of operating the Plan. The Commissioner shall determine the fee on an annual
basis and notify the Educational Institutions. (O.C.G.A.
45-18-52)
(12-18-90/01-10-91)
Note: Dates following each paragraph represent
(approval/effective) dates.
O.C.G.A. Secs.
45-18-51 to
45-18-58.
