Current through Register Vol. 24-18, September 15, 2024
(1) A school
employees benefits board (SEBB) organization or contracted vendor that makes
one or more of the following enrollment errors must correct the error as
described in subsections (2) through (5) of this section.
(a) Failure to timely notify a school
employee of their eligibility for SEBB benefits and the employer contribution
as described in WAC
182-31-030;
(b) Failure to enroll a school employee or
their dependents in SEBB benefits as elected by the school employee, if the
election was timely;
(c) Failure to
enroll a school employee and their dependents in SEBB benefits as described in
WAC 182-30-080 (1)(b) or
(3)(c);
(d) Failure to accurately reflect a school
employee's premium surcharge attestation on the school employee's
account;
(e) Enrolling a school
employee or their dependents in SEBB insurance coverage when they are not
eligible as described in WAC
182-31-040 or
182-31-140 and it is clear there
was no fraud or intentional misrepresentation by the school employee involved;
or
(f) Providing incorrect
information, via a benefits administrator or contracted vendor, regarding SEBB
benefits to the school employee that they relied upon.
(2) The SEBB organization or the applicable
contracted vendor must enroll the school employee and the school employee's
dependents, as elected, or terminate enrollment in SEBB benefits as described
in subsection (3) of this section, reconcile premium payments and applicable
premium surcharges as described in subsection (4) of this section, and provide
recourse as described in subsection (5) of this section.
(3)
Enrollment or termination.
(a) SEBB medical, vision, and dental
enrollment is effective the first day of the month following the date the
enrollment error is identified, unless the authority determines additional
recourse is warranted, as described in subsection (5) of this section;
Exception:
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When a school employee who is called to active duty
in the uniformed services under Uniformed Services Employment and Reemployment
Rights Act (USERRA) loses eligibility for the employer contribution toward SEBB
benefits, they regain eligibility for the employer contribution toward SEBB
benefits the day they return from active duty. Employer-paid SEBB benefits will
begin the first day of the month in which they return from active duty.
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(b)
Basic life, supplemental life, basic accidental death and dismemberment (AD
& D), supplemental AD & D, employer-paid long-term disability (LTD)
insurance, and employee-paid LTD insurance will begin for a newly eligible
school employee as described in WAC
182-31-040, and for a school
employee who regains eligibility as described in WAC
182-30-080(3). A
school employee who regains eligibility may need to submit evidence of
insurability for supplemental life insurance as required in WAC
182-30-080(3);
(c) If the school employee is eligible and
elects (or elected) to enroll in the flexible spending arrangement (FSA),
limited purpose FSA, or dependent care assistance program (DCAP), enrollment is
limited to 60 days prior to the date enrollment is processed, but not earlier
than the current plan year. If a school employee was not enrolled in a FSA,
limited purpose FSA, or DCAP as elected, the school employee may either
participate at the amount originally elected with a corresponding increase in
contributions for the balance of the plan year, or participate at a reduced
amount for the plan year by maintaining the per-pay period contribution in
effect;
(d) If the school employee
or their dependent was not eligible but still enrolled as described in
subsection (1)(e) of this section, the employee's or their dependent's SEBB
benefits will be terminated prospectively effective as of the last day of the
month.
(4)
Premium
payments.
(a) The SEBB organization
must remit to the authority the employer contribution and the school employee
contribution for health plan premiums, applicable premium surcharges, basic
life, basic AD & D, and employer-paid LTD insurance starting the date SEBB
benefits begin as described in subsections (3) and (5)(a)(i) of this section.
If a SEBB organization failed to notify a newly eligible school employee of
their eligibility for SEBB benefits, the SEBB organization may only collect the
school employee contribution for health plan premiums and applicable premium
surcharges for coverage for the months after the school employee was
notified.
(b) When a SEBB
organization fails to correctly enroll the amount of employee-paid LTD
insurance elected by the school employee, premiums will be corrected as
follows:
(i) When additional premiums are due
to the authority, the school employee is responsible for premiums for the most
recent 24 months of coverage. The SEBB organization is responsible for
additional months of premiums; and
(ii) When a premium refund is due to the
school employee, the LTD insurance contracted vendor is responsible for premium
refunds for the most recent 24 months of coverage. The SEBB organization is
responsible for additional months of premium refunds after the 24 months of
coverage and the overall refunding process to the school employee.
(c) When a SEBB organization
mistakenly enrolls a school employee or their dependents as described in
subsection (1)(e) of this section, premiums and any applicable premium
surcharges will be refunded by the SEBB organization to the school employee
without rescinding the insurance coverage.
(5)
Recourse.
(a) A school employee who establishes
eligibility will have benefits begin as described in WAC
182-31-040. A school employee who
regains eligibility for the employer contribution toward SEBB benefits will
have benefits begin as described in WAC
182-30-080(3).
Dependent eligibility is described in WAC
182-31-140, and dependent
enrollment is described in WAC
182-31-150. When retroactive
correction of an enrollment error is limited as described in subsection (3)(b)
and (c) of this section, the SEBB organization must work with the school
employee, and receive approval from the authority, to implement retroactive
SEBB benefits within the following parameters:
(i) Retroactive enrollment in a SEBB
insurance coverage;
(ii)
Reimbursement of claims paid;
(iii)
Reimbursement of amounts paid by the school employee or dependent for medical,
vision, and dental premiums;
(iv)
Reimbursement of amounts paid by the school employee for the premium
surcharges;
(v) Other legal remedy
received or offered; or
(vi) Other
recourse, upon approval by the authority.
(b) Recourse must not contradict a specific
provision of federal law or statute and does not apply to requests for
noncovered services or in the case of an individual who is not eligible for
SEBB benefits.