State Planning and Property Acquisition
CHAPTER 96. State Employee Benefits Committee
This chapter shall be known as the “State Employee Benefits Consolidation Act.”72 Del. Laws, c. 204, § 1;
(a) There is hereby established a State Employee Benefits Committee (“Committee”). The Committee shall be comprised of the Lieutenant Governor, the Insurance Commissioner, the Chief Justice of the Supreme Court, the State Treasurer, the Director of the Office of Management and Budget, the Controller General, the Secretary of the Department of Human Resources and the Secretary of Health and Social Services, or their designees. In addition, the Governor shall appoint 1 Committee member from the following persons: The President of the Delaware State Education Association or his or her designee, the Executive Director of the American Federation of State County and Municipal Employees or his or her designee, the President of the Correctional Officers Association of Delaware or his or her designee, or the President of the Delaware State Troopers Association or his or her designee. The appointment term shall be for 3 years. An organizational representative appointed by the Governor, after serving a 3-year term, shall not serve another term until all the organizational representatives named in this subsection have served a 3-year term. The Director of the Office of Management and Budget and the Secretary of Human Resources shall co-chair the Committee.
(b) The State Employee Benefits Committee shall have the following powers, duties and functions:
(1) With the exception of deferred compensation pursuant to Chapter 60A of this title, and any other investment or retirement savings plan, control and management of all employee benefit coverages including health-care insurance and blood bank, pursuant to Chapters 51 and 52 of this title; state employees group life insurance pursuant to Chapter 32 of Title 18; and all other currently existing and future employee benefits coverages, including but not limited to all forms of flexible benefits, dental, vision, prescription, long-term care and disability coverages.
(2) Selection of all carriers or third-party administrators necessary to provide coverages to State employees.
(3) Authority to contract on an insured or self insured basis.
(4) Authority to adopt rules and regulations for the general administration of the employee benefit coverages.
(5) Authority to make and enter into any and all contracts with any agency of the State, or any outside agency, for the purpose of assisting in the general administration of this section.
(c) All members of the Committee and all legal, actuarial and administrative personnel shall be entitled to reimbursement for those travel and other expenses made necessary by their official duties that are approved by the Director of Statewide Benefits.
(d) The Committee shall hold regular meetings at least once every 6 months, which meetings shall be open to the public in accordance with § 10004 of this title.72 Del. Laws, c. 204, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 88, §§ 21(13), 39, 40; 75 Del. Laws, c. 227, § 10; 77 Del. Laws, c. 177, § 1; 79 Del. Laws, c. 195, § 1; 81 Del. Laws, c. 66, § 60;
The duties of the Secretary of Human Resources under this chapter shall include:
(1) The placement of all insurance with such carriers as the Committee deems appropriate.
(2) The operation of the self-insurance fund, when and if a self-insurance fund shall be established by the Committee for the operation of a self-insurance program.
(3) Centralized responsibility for the operation of the State employee benefits program vested in a single agency with an adequate staff of legal, actuarial and administrative personnel.
(4) The establishment and operation of an open bid procedure to be maintained for purchasing new employee benefits coverage from carriers and renewing existing contracts with such carriers which will permit the free forces of market competition to operate to the benefit of the state employee benefits coverage programs.
(5) The maintenance in a safe and secure place of all policies with commercial insurers and all records necessary and pertinent thereto.
(6) The maintenance in a safe and secure place of all records, accounts, claims files, statistical studies and other such records and documents necessary and proper in the administration of any self-insured program, when and if the Committee deems it necessary and proper to utilize same.
(7) Prompt notification to insurance carriers or third party administrators of the names and other necessary data related to the employees and pensioners covered by State employee benefits programs and of all changes and additions thereto, and payment of such obligations as are incurred pursuant to this section, including the cost of premium or subscription charges for insurance coverage upon the written request of any State employee or pensioner from the funds appropriated therefore and, in the event such appropriated funds are inadequate, pay such additional sums as may be required from those moneys in the General Fund not otherwise appropriated.
(8) Communication to State employees of all State employee benefits coverages and any additions or changes of benefits affecting State employees.
(9) Authority to act as agent of the State to enter into a contract or contracts with the carrier or carriers for benefits programs for State employees and pensioners.
(10) Prompt notification of the health-care insurance carrier or third party administrator of the names and other necessary data related to the employees and pensioners covered by the State employees health insurance program and of all changes and shall pay such obligations as are incurred pursuant to this section, including the cost of premium or subscription charges for health-care insurance coverage upon the written request of any state employee or pensioner from the funds appropriated therefore and, in the event such appropriated funds are inadequate, pay such addition sums as may be required from those moneys in the General Fund not otherwise appropriated.72 Del. Laws, c. 204, § 1; 75 Del. Laws, c. 88, § 20(6); 81 Del. Laws, c. 66, § 61;