CHAPTER 61

FORMERLY

HOUSE BILL NO. 134

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO HEALTH CARE INSURANCE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Title 29, Delaware Code, Chapter 52, § 5202(d) by deleting said subsection in its entirety and replacing it with:

"(d) For the purposes of this chapter, a husband and wife may each qualify as a regular officer, employee or eligible pensioner of the State. In the case where 2 members of a family qualify, the following options are set forth:

(1) the two employees, or each eligible pensioner, and all eligible dependents may elect to enroll under 1 family contract.

(2) each employee, or each eligible pensioner, may elect to enroll under a separate contract. Eligible dependents may be enrolled under either contract, but no dependent shall be enrolled more than once under the State health insurance program.

(3) the increment of cost of the options selected by the two employees, which exceeds the cost of two basic family plans, shall be deducted by the State Treasurer from salary or pension. The provisions of this paragraph shall continue to apply to a surviving spouse after the death of one of the spouses covered pursuant to this paragraph has occurred, as long as the surviving spouse is entitled to a survivor's pension pursuant to § 5528 of this Title.

(4) In no case shall there be a monetary credit or return to the spouse for his or her basic credits."

Approved June 12, 1995