Notice of Development of Rulemaking

DEPARTMENT OF MANAGEMENT SERVICES
Division of State Employees’ Insurance
RULE NO: RULE TITLE
60P-2.011: Retirees
PURPOSE AND EFFECT: Subsection (3) of Rule 60P-2.011, F.A.C., provides that an employee who does not elect to continue coverage as provided in the rule or terminates coverage after retirement shall not be eligible to reenter the Health Program at a later date unless subsequently reemployed by the State. The purpose of this proposed rule amendment is to include in the citations a reference to an additional section of the Florida Statutes (110.12312) that is implemented by subsection 60P-2.011(3), F.A.C.
SUBJECT AREA TO BE ADDRESSED: Citation of an additional statute that is implemented by subsection 60P-2.011(3), F.A.C.
SPECIFIC AUTHORITY: 110.123(5) FS.
LAW IMPLEMENTED: 110.123, 110.12312 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
TIME AND DATE: June 11, 2007, 9:00 a.m.
PLACE: Department of Management Services, Conference Room Suite 101, 4050 Esplanade Way, Tallahassee, Florida
Pursuant to the American with Disabilities Act, persons needing special accommodations to participate in the meeting should advise the Department of Management Services at least two (2) calendar days before the workshop, by contacting Division of State Group Insurance at (850)921-4600
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Jeff Dykes, Interim Director, Division of State Group Insurance, 4050 Esplanade Way, Tallahassee, Florida 32399, (850)921-4600

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

60P-2.011 Retirees.

(1) An employee who retires on regular retirement or who has received approval of disability retirement prior to his or her last day of employment and is covered under the Health Program as of the last day of employment, must elect one of the following options:

(a) To continue coverage by submitting an application in accordance with subsection 60P-2.002(2), F.A.C. Such application and a personal check or money order for one month’s full premium must be received by the employee’s former agency personnel office and forwarded to the Department no later than thirty-one (31) calendar days after the employee’s last day of employment; or

(b) To terminate coverage under the Health Program.

(2) An employee who applies for disability retirement and who has not been approved or rejected prior to his or her last day of employment, but was covered under the Health Program as of the last day of employment, shall have the following options:

(a) The employee may continue coverage in the Health Program pending such approval or rejection by paying the full monthly premium by personal check or money order to the Department in accordance with Rule 60P-2.006, F.A.C. If coverage is continued and:

1. The disability retirement is subsequently approved, the employee must complete an application in accordance with paragraph 60P-2.011(1)(a), F.A.C.

2. The disability retirement is subsequently rejected, coverage under the Program will terminate the end of the month in which such application is rejected. However, the subscriber may apply for continuation coverage offered by the administrator or convert to a direct pay plan offered by the Servicing Agent pursuant to Rule 60P-2.015, F.A.C.

(b) The employee may elect not to continue coverage in the Health Program pending the determination of disability retirement and thereby allow such coverage to terminate on the last day for which contributions have been paid. If coverage is allowed to terminate and:

1. The disability retirement is subsequently approved, the employee may apply for reenrollment in the Health Program subject to the following requirements:

a. The employee shall complete an application in accordance with paragraph 60P-2.011(1)(a), F.A.C., indicating the disability retirement status and submit to the former agency personnel office who must forward such application to the Department no later than thirty-one (31) calendar days after the date of approval of the disability retirement;

b. The retiree shall pay all back premiums from the date of termination of coverage within thirty-one (31) calendar days after the date of approval of the disability retirement since coverage must be continuous.

2. The disability retirement is subsequently rejected, coverage under the Program will terminate on the last day for which premiums had been paid and the subscriber shall not be eligible for reenrollment in the Health Program, continuation coverage nor conversion to a direct pay plan.

(3) An employee who does not elect to continue coverage as provided in this Section or terminates coverage after retirement shall not be eligible to reenter the Health Program at a later date unless subsequently reemployed by the State.

Specific Authority 110.123(5) FS. Law Implemented 110.123, 110.12312 FS. History–New 10-8-78, Amended 7-1-80, 9-13-82, Formerly 22K-1.24, Amended 7-16-86, Formerly 22K-1.211, Amended 8-22-96, Repromulgated 1-31-02, Amended_________.