TITLE 18

Insurance Code

Insurance

CHAPTER 32. Group Life Insurance for State Employees

§ 3201. “Employee” defined.

“Employee” shall mean a person who has been continuously employed by the State for 3 full calendar months immediately preceding the first day of any given month (exclusive of legal holidays and allowable leave) and who works the regularly scheduled full-time hours of the employing agency, or at least 30 or more hours per week, or 130 hours per month (with allowable interruptions) throughout the year. “Employee” shall include all elected and appointed state officials.

18 Del. C. 1953, §  3201;  56 Del. Laws, c. 380, §  158 Del. Laws, c. 23672 Del. Laws, c. 94, §  42

§ 3202. Group life insurance.

Subject to Chapter 31 of this title, the State may enter into a contract of group life insurance including accidental death and dismemberment coverage with an insurance company or companies authorized to transact business within this State, which insurance shall specifically cover state employees or any class or classes thereof.

18 Del. C. 1953, §  3202;  56 Del. Laws, c. 380, §  158 Del. Laws, c. 236.

§ 3203. Life insurance premiums.

The State may pay part of the premiums or charges for such group life insurance contract or contracts and may appropriate any money necessary to pay such premiums or charges, or portions thereof. Notwithstanding any other provision of the law, any contribution required of any employee toward the cost of such insurance may be deducted from the pay, salary or compensation of such employee. The expenditure of funds of the State for payment of part of the premiums shall be deemed to be a regular business expenditure and shall not be considered compensation paid to the employee so insured.

18 Del. C. 1953, §  3203;  56 Del. Laws, c. 380, §  158 Del. Laws, c. 236.

§ 3204. Eligibility and waiver.

Any contract of insurance procured pursuant to this chapter shall provide that each employee becoming eligible for insurance thereunder shall become insured, subject to any “actively at-work” requirement or requirements as to the health of the persons to be covered as specified in the insurance contract, at such time as the eligible employee submits an application for insurance and agrees to pay the applicable premium.

18 Del. C. 1953, §  3204;  56 Del. Laws, c. 380, §  158 Del. Laws, c. 23670 Del. Laws, c. 186, §  174 Del. Laws, c. 23, §  1

§ 3205. Amount of coverage.

(a) The amount of group life insurance on the life of any employee shall be at least in the following amount: The employee’s annual regular salary rounded to the next higher even thousand dollar subject to maxima established by the State Employee Benefits Committee. Contributions by the employee and the State to the cost of such insurance may be based on reasonable age classifications.

(b) The State Employee Benefits Committee shall meet at least annually to review the State’s Group Life Insurance Plan and, when appropriate, adopt improvements thereto for the purpose of extending existing amounts or types, or both, of group life insurance coverage for state employees.

18 Del. C. 1953, §  3205;  56 Del. Laws, c. 380, §  158 Del. Laws, c. 23663 Del. Laws, c. 100, §  365 Del. Laws, c. 399, §  172 Del. Laws, c. 204, §  8

§ 3206. State Employee Benefits Committee.

(a) After reviewing competitive group plans, the State Employee Benefits Committee established by § 9602 of Title 29 shall select a carrier deemed to offer the best plan to satisfy the interests of the State and of its employees in carrying out the intent of this chapter. Such contract shall be for a uniform term of at least 1 year, but may be continued automatically at the option of the State Employee Benefits Committee from term to term in accordance with recognized group life insurance practices.

(b) The State Employee Benefits Committee shall be empowered to adopt rules and regulations which it deems necessary for the administration of the State’s Group Life Insurance Plan.

18 Del. C. 1953, §  3206;  56 Del. Laws, c. 380, §  158 Del. Laws, c. 23663 Del. Laws, c. 100, §  370 Del. Laws, c. 186, §  172 Del. Laws, c. 204, §  9

§ 3207. Legal agent of the State.

The Secretary of the Department of Human Resources shall be the legal agent for the State and shall be empowered to enter into the contract for group life insurance with any insurance carrier designated by the State Employee Benefits Committee.

18 Del. C. 1953, §  3207;  56 Del. Laws, c. 380, §  158 Del. Laws, c. 23669 Del. Laws, c. 64, §  8072 Del. Laws, c. 204, §  1075 Del. Laws, c. 88, §  20(4)81 Del. Laws, c. 66, § 12

§ 3208. Administration of chapter.

The Secretary of the Department of Human Resources may perform all acts necessary or proper for administration of the insurance coverage provided.

18 Del. C. 1953, §  3208;  56 Del. Laws, c. 380, §  158 Del. Laws, c. 23672 Del. Laws, c. 204, §  1175 Del. Laws, c. 88, §  20(4)81 Del. Laws, c. 66, § 13

§ 3209. Application of dividends.

Dividends payable from group life insurance may be used to offset any contribution made by the State in the form of money or administrative costs, including the salaries of employees working full-time on the program and any other related expenses deemed appropriate by the State Employee Benefits Committee.

18 Del. C. 1953, §  3209;  56 Del. Laws, c. 380, §  158 Del. Laws, c. 23672 Del. Laws, c. 204, §  12

§ 3210. Group Life Insurance Fund.

Dividends in excess of any deduction made by the State for its contributions may be used solely for the benefit of the subscribers to the group life insurance program, and shall be maintained in a special fund identified as the Group Life Insurance Fund, which Fund shall be administered by the State Employee Benefits Committee. Funds derived from such dividends shall be invested by the State Treasurer in accordance with guidelines established by the Cash Management Policy Board, with all income from such investments reverting to the Group Life Insurance Fund. Under no circumstances shall these funds become a part of the State General Fund, or any fund other than the Group Life Insurance Fund.

18 Del. C. 1953, §  3210;  56 Del. Laws, c. 380, §  158 Del. Laws, c. 23663 Del. Laws, c. 142, §  5672 Del. Laws, c. 204, §  13

§ 3211. Validity of contracts.

This chapter shall not be construed to impair the validity of any contractive group life insurance plan for employees of the State which shall be in effect on July 9, 1971, but nothing herein contained shall permit duplicate coverage in any instance where the State would be a contributor to more than 1 plan.

18 Del. C. 1953, §  3211;  56 Del. Laws, c. 380, §  158 Del. Laws, c. 236.