State Government

Public Officers and Employees

CHAPTER 52B. Other Post-Employment Benefits Fund

§ 5280. Definitions.

(a) “Board” means the Board of Pension Trustees established by § 8308 of this title.

(b) “OPEB Fund” means the Other Post-Employment Benefits Fund established by § 5281 of this title.

76 Del. Laws, c. 70, §  1

§ 5281. Establishment of fund.

(a) There shall be established an OPEB Fund, a trust fund, separate and distinct from the funds established under §§ 5541 and 5601 of this title and § 8393 of Title 11, to which state appropriations and other employer contributions shall be deposited, and to which earnings on investments, refunds and reimbursements shall be deposited upon receipt, and from which the State’s premiums as defined in § 5202(b) of this title shall be paid, and any fees and expenses authorized by the Board shall be paid. No money shall be disbursed from this fund except for the purpose of payment of the State’s premiums for post-retirement health insurance for employees retired under Chapters 55 and 56 of this title and Chapter 83 of Title 11.

(b) The amounts remaining in the trust, if any, after all premiums, fees, and expenses have been paid for any year shall be retained in such trust for future payments until all state liabilities for post-retirement health insurance premium benefits have been satisfied.

(c) This chapter is replacing § 5550 of this title in its entirety.

(d) The trust shall be an irrevocable trust exempt from federal income tax under § 115 of the Internal Revenue Code [26 U.S.C. § 115] and subject to the financial reporting, disclosure and actuarial requirements of Government Accounting Standards Board Statements 43 and 45 or any subsequent Government Accounting Standards Board updates or statements that may be applicable.

76 Del. Laws, c. 70, §  1

§ 5282. Management of the OPEB Fund.

(a) The Board shall serve as the Board of Trustees for the OPEB Fund, shall adopt a trust agreement for the OPEB Fund (and may amend the trust agreement from time to time), shall take all actions necessary and appropriate to establish and maintain the OPEB Fund, and shall have control and management of the OPEB Fund and may utilize its powers pursuant to this chapter and § 8308 of this title in the administration of the OPEB Fund.

(b) The Board shall take the actions necessary and appropriate to establish and maintain the OPEB Fund as a trust that is exempt from taxation under Internal Revenue Code § 115 [26 U.S.C. § 115]. The trust shall be maintained and administered by the Board to provide payments for retiree health insurance for medical care in compliance with Internal Revenue Code § 105 [26 U.S.C. § 105] and with this chapter.

(c) The State shall indemnify a board member in the additional duties contained in this chapter pertaining to the administration and management of the OPEB Fund or to sit on a committee of the Board who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative by reason of the fact that the board member is or was a board member against expenses (including attorneys’ fees if the Attorney General determines that the Attorney General may not provide representation), judgments, fines and amounts paid in settlement actually and reasonably incurred by that board member in connection with such action, suit or proceeding, if the board member acted in good faith and in a manner the board member reasonably believed to be in the best interest of the State and with respect to any criminal action or proceeding had no reasonable cause to believe that board member’s own conduct was unlawful. Expenses incurred in defending a civil, administrative or investigative action, suit or proceeding shall be paid by the State in advance of final disposition of such action, suit or proceeding if:

(1) Initially authorized by a majority vote of the Board exclusive of the member or members to be indemnified unless more than a majority of the Board shall also be parties to the same action, suit or proceeding, in which instance, such authorization shall be by the Governor of the State; and

(2) Such board member agrees to repay such amount if it is ultimately determined by the Board or the Governor, as the case may be, pursuant to paragraph (c)(1) of this section that such member is not entitled to indemnification under this section.

76 Del. Laws, c. 70, §  170 Del. Laws, c. 186, §  1

§ 5283. Actuarial valuations.

(a) The actuary shall prepare an actuarial valuation of the assets and liabilities of the OPEB Fund as of June 30, each year. On the basis of reasonable actuarial assumptions and tables approved by the Board, the actuary shall determine:

(1) The State’s annual required contribution for payment of the State’s premiums for post retirement health insurance for employees under Chapters 55 and 56 of this title and Chapter 83 of Title 11;

(2) Any unfunded actuarial accrued liability.

(b) It is not anticipated that distributions will be made from this fund until the State’s annual required contribution, as determined in subsection (a) of this section, has been appropriated in a given fiscal year.

76 Del. Laws, c. 70, §  1