Bill Text: NJ S2641 | 2010-2011 | Regular Session | Introduced


Bill Title: Requires certain local employees work at least 25 hours a week for health benefit eligibility.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2011-01-20 - Introduced in the Senate, Referred to Senate State Government, Wagering, Tourism & Historic Preservation Committee [S2641 Detail]

Download: New_Jersey-2010-S2641-Introduced.html

SENATE, No. 2641

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED JANUARY 20, 2011

 


 

Sponsored by:

Senator  ROBERT W. SINGER

District 30 (Burlington, Mercer, Monmouth and Ocean)

Senator  JENNIFER BECK

District 12 (Mercer and Monmouth)

 

 

 

 

SYNOPSIS

     Requires certain local employees to work at least 25 hours a week for health benefits eligibility.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning health benefits eligibility for local employees not enrolled in SHBP, supplementing P.L.1983, c.313 and amending P.L.1979, c.391, N.J.S.40A:10-16 and N.J.S.40:10-18.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Section 1 of P.L.1979, c.391 (C.18A:16-12) is amended to read as follows:

     1.    As used in this act:

     a.     "Dependents" means an employee's spouse and the employee's unmarried children, including stepchildren, legally adopted children, and, at the option of the local board of education and the carrier, children placed by the Department of  Children and Families with a resource family, under the age of 19 who live with the employee in a regular parent-child relationship, and may also include, at the option of the local board of education and the carrier, other unmarried children of the employee under the age of 23 who are dependent upon the employee for support and maintenance, but shall not include a spouse or child while serving in the military service.  At the option of the local board of education, "dependent" may include an employee's domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3);

     b.    "Employees" may, at the option of the local board of education, include elected officials, but shall not include persons employed on a short-term, seasonal, intermittent or emergency basis, persons compensated on a fee basis, [or] persons whose compensation from the local board of education is limited to reimbursement of necessary expenses actually incurred in the discharge of their duties, or, following the effective date of P.L.    , c.   (C.    ) (pending before the Legislature as this bill), persons employed for less than 25 hours each week;

     c.     "Federal Medicare Program" means the coverage provided under Title XVIII of the Social Security Act as amended in 1965, or its successor plan or plans.

(cf: P.L.2006, c.47, s.92)

 

     2.    Section 3 of P.L.1979, c.391 (C.18A:16-14) is amended to read as follows:

     3.    The contract shall exclude from eligibility:

     a.     Employees and dependents, active or retired, who are otherwise eligible for coverage but who, although they meet the age eligibility requirement of the Federal Medicare Program, are not covered by the complete Federal program;

     b.    Any class or classes of employees who are eligible for like or similar coverage under another group contract covering such class or classes of employees.

     c.     Any employee, who is employed for less than 25 hours each week, including the employee's dependants.

(cf: P.L.1979, c.391, s.3)

 

     3.    N.J.S.40A:10-16 is amended to read as follows:

     40A:10-16.  As used in this subarticle:

     a.     "Dependents" means an employee's spouse and the employee's unmarried children, including stepchildren, legally adopted children, and, at the option of the employer and the carrier, children placed by the Division of Youth and Family Services, under the age of 19 who live with the employee in a regular parent-child relationship, and may also include, at the option of the employer and the carrier, other unmarried children of the employee under the age of 23 who are dependent upon the employee for support and maintenance, but shall not include a spouse or child while serving in the military service.  At the option of the employer, "dependent" may include an employee's domestic partner as defined in section 3 of P.L.2003, c.246 (C.26:8A-3);

     b.    "Employees" may, at the option of the employer, include elected officials, but shall not include persons employed on a short-term, seasonal, intermittent or emergency basis, persons compensated on a fee basis, [or] persons whose compensation from the employer is limited to reimbursement of necessary expenses actually incurred in the discharge of their duties, or, following the effective date of P.L.    , c.   (C.    ) (pending before the Legislature as this bill), persons employed for less than 25 hours each week;

     c.     "Federal Medicare Program" means the coverage provided under Title XVIII of the Social Security Act as amended in 1965, or its successor plan or plans.

(cf: P.L.2005, c.334, s.2)

 

     4.    N.J.S.40A:10-18 is amended to read as follows:

     40A:10-18.  The contract shall exclude from eligibility:

     a.     Employees and dependents, active or retired, who are otherwise eligible  for coverage but who, although they meet the age eligibility requirement of the  Federal Medicare Program, are not covered by the complete Federal program;

     b.    Any class or classes of employees who are eligible for like or similar coverage under another group contract covering the class or classes of employees.

     c.     Any employee, who is employed for less than 25 hours each week, including the employee's dependants.  This subsection shall apply to any agency, board, commission, authority, or instrumentality of a local unit.


     5.    (New section)  When an authority is authorized to offer health benefits to employees of the authority, following the effective date of P.L.    , c.   (C.    ) (pending before the Legislature as this bill), that authorization shall be limited to a full-time employee only.  For the purposes of this section, "full-time employee" means an employee who works 25 hours or more each week.  No employee who is not a full-time employee may be offered health benefits by the authority.

 

     6.    (New section)  The provisions of P.L.    , c.   (pending before the Legislature as this bill) shall not be construed to impair the obligation of a collective negotiations agreement or individual contract of employment with relevant provisions in effect on the effective date of P.L.    , c.   (pending before the Legislature as this bill).

 

     7.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill would require an employee of a county, municipality, or board or education to work at least 25 hours a week in order to participate in a locally administered group insurance plan.  If enacted, this bill would place the same work week requirement on local employees who participate in a local administered group benefits plan as is currently on local employees who participate in the State Health Benefits Program (SHBP).  On March 22, 2010 Governor Christie signed into law P.L.2010, c.3 which required local employees who participate in the SHBP to work a minimum of 25 hours per week in order to receive benefits.  This bill would equalize the requirements imposed on local employees who participate in either SHBP or a locally administered group insurance plan.

     The bill provides that it shall not be construed to impair the obligation of a collective negotiations agreement or individual contract of employment with relevant provisions in effect on the bill's effective date.

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