To consolidate the text of Rules 60P-6.007, and 60P-6.0079, F.A.C., into Rule 60P-6.0068, F.A.C., as rules on the same topic from the same chapter.

 

DEPARTMENT OF MANAGEMENT SERVICES

Division of State Employees' Insurance

RULE NO.: RULE TITLE:

60P-6.0068  Change in Participation

60P-6.007    Termination of Participation

60P-6.0079  Continuation of Participation

PURPOSE AND EFFECT: To consolidate the text of Rules 60P-6.007, and 60P-6.0079, F.A.C., into Rule 60P-6.0068, F.A.C., as rules on the same topic from the same chapter.

SUMMARY: Rule 60P-6.0068 is amended and Rules 60P-6.007, and 60P-6.0079, F.A.C., are proposed to be repealed.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The economic review conducted by the agency.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 110.161(5) FS.

LAW IMPLEMENTED: 110.161 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: Tuesday, January 24, 2017, 2:00 p.m. until completed but no later than 5:00 p.m.

PLACE: 4050 Esplanade Way, Tallahassee, Florida, Room 101

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ms. Debbie Shoup, 4050 Esplanade Way, Suite 215, Tallahassee, FL 32399-0950, Phone [phone], Email: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

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60P-6.0068 Change in Participation, Termination, and Continuation of Participation.

(1) through (5) No change.

(6) Contributions under any pretax plan shall not be discontinued, except in the event of termination of participation as provided in this section. Any contribution made under any Plan may not be refunded to the participant. Reimbursements made under any Reimbursement Plan shall not be considered refunds of contributions.

(7) A participant shall continue to participate in any pretax plan until the earlier of the following dates:

(a) The date the participant ceases to be an eligible employee, unless the participant elects to continue coverage in the Medical Reimbursement Account by continuing payment of contributions; or

(b) The date on which the coverage period ends due to non-payment of contributions for a Medical Reimbursement Account; or

(c) The date the Plan Year ends.

(8) Upon subsequent employment with the State, an eligible employee who has terminated participation in the Plan shall be entitled to recommence participation as follows:

(a) If the participant is rehired as an eligible employee within 31 calendar days of termination and during the same Plan Year in which employment terminated, the participant shall not be allowed to make any new benefit elections under the Plan and will have the same level of benefits as were in effect immediately prior to the termination of employment unless there has been a Qualifying Status Change other than the termination and rehire.

(b) If reemployment as an eligible employee occurs during the same Plan Year in which employment terminated but occurs more than 31 calendar days after termination, and the participant has revoked his earlier benefit election, the participant shall not be entitled to recommence participation until the following Plan Year. However, the employee will be entitled to elect insurance coverage under the State Group Health Insurance Program on an after-tax basis, in accordance with Chapter 60P-2, F.A.C.

(c) If reemployment occurs during a Plan Year subsequent to the one in which termination occurred, the employee shall be entitled to recommence participation upon reemployment and can make new benefit elections for the new Plan Year in accordance with rules and procedures established for newly-hired and newly-eligible employees.

(9) Upon termination of employment, the participant may desire to continue in the Medical Reimbursement Account and satisfy his or her annual election. The participant must notify the Department of his or her desire to continue no later than sixty (60) calendar days from the later of:

(a) The employment termination date;

(b) The date the participant is notified by the Department of his or her eligibility to continue participation.

(10) Continuation in the Medical Reimbursement Account requires that the participant satisfy his or her annual election by one of the following methods:

(a) Arranging, in advance of termination, to have all or part of the remaining balance deducted from his or her payment for annual or sick leave through payroll deduction on a pretax basis. Any amount needed to satisfy the annual election after this deduction is taken must be paid by personal check or money order within forty-five (45) calendar days of the participant’s election to continue participation;

(b) Making a single after-tax payment by check or money order for 100% of the remaining balance due within forty-five (45) calendar days of the participant’s election to continue participation;

(c) Making monthly after-tax payments by check or money order for the required monthly contribution made as an active employee. Such payments must be made no later than the first of each month. The first payment must be made within forty-five (45) calendar days of the participant’s election to continue participation.

Rulemaking Authority 110.161(5) FS. Law Implemented 110.161 FS. History–New 8-26-96, Repromulgated 4-25-02,Amended   .   

 

60P-6.007 Termination of Participation.

Specific Authority 110.161(5) FS. Law Implemented 110.161 FS. History–New 8-3-89, Amended 4-17-91, Formerly 22FB-1.007, Amended 8-26-96, Repromulgated 4-25-02, Repealed              .

 

60P-6.0079 Continuation of Participation.

Specific Authority 110.161(5) FS. Law Implemented 110.161 FS. History–New 8-26-96, Repromulgated 4-25-02, Repealed         .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Tami Fillyaw, Director, Division of State Group Insurance

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Chad Poppell, Secretary, Department of Management Services

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 28, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 30, 2016