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KAPA
urges defeat of HB 675
By
JOHN HULTGREN
Kentucky EMS Connection
FRANKFORT
—
The president of the Kentucky Ambulance Providers Association is asking EMS
personnel to help defeat a bill that would limit state retirement health
insurance coverage to emergency personnel hired next year.
Kentucky
House Bill 675, introduced last week, would amend KRS 61.702 to provide
that, for persons hired on or after July 1 of 2003, health insurance
coverage under the Kentucky Retirement System would be based on a maximum
monthly contribution rate of $200 per month with an annual adjustment based
on the consumer price index.
According
to James Ritchey, chairman of KAPA's legislative committee, this bill would
"do great harm to EMS in the future. House Bill 675 would severely
limit the health insurance coverage of all EMS, fire, and police folks hired
after July 1, 2003."
"It
is the same bill that EMS and fire have worked to defeat in the past three
sessions of the Kentucky General Assembly. If passed, this bill would ruin
recruitment efforts for police, fire, and EMS," Ritchey said.
"The bills sets very restrictive limits on the amount to be paid
towards a retiree's health insurance upon their retirement or disability
from work," Ritchey explained.
"Under the leadership of Gerald Stewart and Mike Swift, EMS and fire
has put forth a concurrent resolution to the Kentucky General Assembly that
would require a study of the long term funding needs for fire and EMS in
Kentucky. If adopted, this task force study would make recommendations to
adequately fund and preserve the retirement system for our professions. Rep.
Mike Cherry (Princeton) will be the primary sponsor of this House Concurrent
Resolution," Ritchey said.
"Please join us by calling your legislator and stating your strong
opposition to HB 675 and your support for the task force study,"
Ritchey said.
The full text of House Bill 675 is printed below.
AN ACT relating to state government.
Be it enacted by the General Assembly of the Commonwealth
of Kentucky:
Section 1. KRS 61.702 is amended to
read as follows:
(1) (a) The board of trustees of Kentucky
Retirement Systems shall arrange by appropriate contract or on a
self-insured basis to provide a group hospital and medical insurance
plan for present and future recipients of a retirement allowance from
the Kentucky Employees Retirement System, County Employees Retirement
System, and State Police Retirement System. The board shall also
arrange to provide health care coverage by health maintenance
organizations, as defined in KRS 18A.225, as an alternative to group
hospital and medical insurance for any person eligible for hospital
and medical benefits under this section. Any person who chooses
coverage by a health maintenance organization shall pay, by payroll
deduction from the retirement allowance or by another method, the
difference in premium between the cost of health maintenance
organization coverage and the benefits to which he would be entitled
under this section. The board may authorize present and future
recipients of a retirement allowance from any of the three (3)
retirement systems to be included in the state employees' group for
hospital and medical insurance and shall provide benefits for
recipients equal to those provided to state employees having the same
Medicare hospital and medical insurance eligibility status.
Notwithstanding the provisions of any other statute, recipients shall
be included in the same class as current state employees in
determining medical insurance policies and premiums.
(b) For recipients of a retirement allowance who
are not eligible for the same level of hospital and medical benefits
as recipients living in Kentucky having the same Medicare hospital and
medical insurance eligibility status, the board shall provide a
medical insurance reimbursement plan as described in subsection (7) of
this section.
(2) Each employer participating in the State Police
Retirement System as provided for in KRS 16.510 to 16.652, each employer
participating in the County Employees Retirement System as provided in
KRS 78.510 to 78.852, and each employer participating in the Kentucky
Employees Retirement System as provided for in KRS 61.510 to 61.705
shall contribute to the Kentucky Retirement Systems insurance fund the
amount necessary to provide hospital and medical insurance as provided
for under this section. Such employer contribution rate shall be
developed by appropriate actuarial method as a part of the determination
of each respective employer contribution rate to each respective
retirement system determined under KRS 61.565.
(3) (a) For persons hired before July 1,
2003, the premium required to provide hospital and medical
benefits under this section shall be paid:
1. Wholly or partly from funds contributed by
the recipient of a retirement allowance, by payroll deduction, or
otherwise;
2. Wholly or partly from funds contributed by
the Kentucky Retirement Systems insurance fund;
3. Wholly or partly from funds contributed by
another state-administered retirement system under a reciprocal
arrangement, except that any portion of the premium paid from the
Kentucky Retirement Systems insurance fund under a reciprocal
agreement shall not exceed the amount that would be payable under
this section if all the member's service were in one (1) of the
systems administered by the Kentucky Retirement Systems;
4. Partly from subparagraphs 1., 2., or 3.,
except that any premium for hospital and medical insurance over
the amount contributed by the Kentucky Retirement Systems
insurance fund or another state-administered retirement system
under a reciprocal agreement shall be paid by the recipient. If
the board provides for cross-referencing of insurance premiums,
the employer's contribution for the working member or spouse shall
be applied toward the premium, and the Kentucky Retirement Systems
insurance fund shall pay the balance, not to exceed the monthly
contribution.
5. In full from the Kentucky Retirement Systems
insurance fund for all recipients of a retirement allowance from
any of the three (3) retirement systems where such recipient is a
retired former member of one (1) or more of the three (3)
retirement systems (not a beneficiary or dependent child receiving
benefits) and had two hundred and forty (240) months or more of
service upon retirement. Should such recipient have less than two
hundred forty (240) months of service but have at least one
hundred eighty (180) months of service, seventy-five percent (75%)
of such premium shall be paid from the insurance fund provided
such recipient agrees to pay the remaining twenty-five percent
(25%) by payroll deduction from his retirement allowance or by
another method. Should such recipient have less than one hundred
eighty (180) months of service but have at least one hundred
twenty (120) months of service, fifty percent (50%) of such
premium shall be paid from the insurance fund provided such
recipient agrees to pay the remaining fifty percent (50%) by
payroll deduction from his retirement allowance or by another
method. Should such recipient have less than one hundred twenty
(120) months of service but have at least forty-eight (48) months
of service, twenty-five percent (25%) of such premium shall be
paid from the insurance fund provided such recipient agrees to pay
the remaining seventy-five percent (75%) by payroll deduction from
his retirement allowance or by another method. Notwithstanding the
foregoing provisions of this subsection, an employee participating
in one (1) of the retirement systems administered by the Kentucky
Retirement Systems who becomes disabled in the line of duty as
defined in KRS 16.505(19) or KRS 61.621, shall have his premium
paid in full as if he had two hundred forty (240) months or more
of service. Further, an employee participating in one (1) of the
retirement systems administered by the Kentucky Retirement Systems
who is killed in the line of duty as defined in KRS 16.505(19) or
KRS 61.621, shall have the premium for the beneficiary, if the
beneficiary is the member's spouse, and for each dependent child
paid so long as they individually remain eligible for a monthly
retirement benefit. "Months of service" as used in this
section shall mean the total months of combined service used to
determine benefits under any or all of the three (3) retirement
systems, except service added to determine disability benefits
shall not be counted as "months of service."
(b) For an employee hired on or after July
1, 2003, the retirement system's contribution toward the premium
required to provide hospital and medical benefits under this section
shall be paid as follows:
1. For a retired member, the maximum monthly
contribution shall be two hundred dollars ($200), effective July
1, 2003. The maximum monthly contribution shall be adjusted
annually on July 1 of each year thereafter to reflect the percent
change in the annual average consumer price index.
a. Where the recipient is a retired former
member of one (1) or more of the three (3) retirement systems
and had twenty-five (25) or more years of service upon
retirement, the retired member shall be entitled to the maximum
monthly contribution if the recipient agrees to pay the
difference in the cost of his or her insurance selection and the
maximum monthly contribution by payroll deduction or otherwise.
b. If the recipient had less than twenty-five
(25) years but twenty (20) or more years, a monthly contribution
of one hundred sixty dollars ($160) shall be paid from the
insurance fund if the recipient agrees to pay the difference in
the cost of his or her insurance selection by payroll deductions
from his or her retirement allowance or by another method.
c. If the recipient had less than twenty (20)
years but fifteen (15) or more years, a monthly contribution of
one hundred twenty dollars ($120) shall be paid from the
insurance fund if the recipient agrees to pay the difference in
the cost of his or her insurance selection by payroll deductions
from his or her retirement allowance or by another method.
d. If the recipient had less than fifteen
(15) years but ten (10) or more years, a monthly contribution of
eighty dollars ($80) shall be paid from the insurance fund if
the recipient agrees to pay the difference in the cost of his or
her insurance selection by payroll deductions from his or her
retirement allowance or by another method.
e. If the recipient had less than ten (10)
years but four (4) or more years, a monthly contribution of
forty dollars ($40) shall be paid from the insurance fund if the
recipient agrees to pay the difference in the cost of his or her
insurance selection by payroll deductions from his or her
retirement allowance or by another method.
f. If the recipient had less than four (4)
years of service, the recipient shall not be entitled to a
monthly contribution by the retirement system.
2. If an employee is awarded disability
benefits due to an injury in the line of duty as defined in KRS
16.505(19), or due to a duty-related injury as described in KRS
61.621, he or she shall receive the maximum monthly contribution
from the insurance fund.
3. An employee who is killed in the line of
duty as defined in KRS 16.505(19), or who dies as a result of a
duty-related injury as described in KRS 61.621, shall have the
maximum monthly contribution for the beneficiary, if the
beneficiary is the member's spouse, and for each dependent child
paid so long as they individually remain eligible for a monthly
retirement benefit.
4. As used in this paragraph, "years of
service" means the total years of combined service used to
determine benefits under any or all of the three (3) retirement
systems, except that service added to determine disability shall
not be counted.
(c) For a member electing insurance
coverage through the Kentucky Retirement Systems, "months of
service" shall include, in addition to service as described in paragraphs[paragraph]
(a) and (b) of this subsection, service credit in
one of the other state-administered retirement plans.
1. Effective August 1, 1998, the Kentucky
Retirement Systems shall compute the member's combined service,
including service credit in another state-administered retirement
plan, and calculate the portion of the member's premium to be paid
by the insurance fund, according to the criteria established in paragraphs[paragraph]
(a) and (b) of this subsection. Each
state-administered retirement plan annually shall pay to the
insurance fund the percentage of the system's cost of the
retiree's monthly contribution for single coverage for hospital
and medical insurance which shall be equal to the percentage of
the member's number of months of service in the other
state-administered retirement plan divided by his total combined
service. The amounts paid by the other state-administered
retirement plans and the insurance fund shall not be more than one
hundred percent (100%) of the monthly contribution adopted by the
respective boards of trustees.
2. A member may not elect coverage for hospital
and medical benefits under this subsection through more than one
(1) of the state-administered retirement plans.
3. A state-administered retirement plan shall
not pay any portion of a member's monthly contribution for medical
insurance unless the member is a recipient or annuitant of the
plan.
(4) (a) Group rates under the hospital and medical
insurance plan shall be made available to the spouse, dependents, and
disabled children, regardless of the disabled child's age, of a
recipient who is a former member or the beneficiary, if the premium
for the spouse, dependent, disabled child, or beneficiary hospital and
medical insurance is paid by payroll deduction from the retirement
allowance or by another method. A child shall be considered disabled
if he has been determined to be eligible for federal Social Security
disability benefits.
(b) For persons hired before July 1, 2003,
the other provisions of this section notwithstanding, the insurance
fund shall pay a percentage of the monthly contribution for the spouse
and dependents of a recipient who was a member of the General Assembly
and is receiving a retirement allowance based on General Assembly
service, of the Kentucky Employees Retirement System and determined to
be in a hazardous position, of the County Employees Retirement System,
and determined to be in a hazardous position or of the State Police
Retirement System, or the beneficiary of the member, if the member
designated only one (1) person as beneficiary. The percentage of the
monthly contribution paid for the spouse and dependents of a recipient
who was in a hazardous position shall be based solely on the member's
service with the State Police Retirement System or service in a
hazardous position using the formula in subsection (3)(a) of this
section, except that for any recipient of a retirement allowance from
the County Employees Retirement System who was contributing to the
system on January 1, 1998, for service in a hazardous position, the
percentage of the monthly contribution shall be based on the total of
hazardous service and any nonhazardous service as a police or
firefighter with the same agency, if that agency was participating in
the County Employees Retirement System but did not offer hazardous
duty coverage for its police and firefighters at the time of initial
participation.
(c) The insurance fund shall continue the same
level of coverage for a recipient who was a member of the County
Employees Retirement System after the age of sixty-five (65) as before
the age of sixty-five (65), if the recipient is not eligible for
Medicare coverage. If the insurance fund provides coverage for the
spouse or dependents or beneficiary of a former member of the County
Employees Retirement System, the insurance fund shall continue the
same level of coverage for the spouse or dependent or beneficiary
after the age of sixty-five (65) as before the age of sixty-five (65),
if the spouse or dependent or beneficiary is not eligible for Medicare
coverage.
(5) After July 1, 1998, notwithstanding any other
provision to the contrary, a member who holds a judicial office but did
not elect to participate in the Judicial Retirement Plan and is
participating instead in the Kentucky Employees Retirement System, the
County Employees Retirement System, or the State Police Retirement
System, as provided in KRS 61.680, and who has at least twenty (20)
years of total service, one-half (1/2) of which is in a judicial office,
shall receive the same hospital and medical insurance benefits,
including paid benefits for spouse and dependents, as provided to
persons retiring under the provisions of KRS 21.427. The Administrative
Office of the Courts shall pay the cost of the medical insurance
benefits provided by this subsection.
(6) Premiums paid for hospital and medical insurance
coverage procured under authority of this section shall be exempt from
any premium tax which might otherwise be required under KRS Chapter 136.
The payment of premiums by the insurance fund shall not constitute
taxable income to an insured recipient. No commission shall be paid for
hospital and medical insurance procured under authority of this section.
(7) The board shall promulgate an administrative
regulation to establish a medical insurance reimbursement plan to
provide reimbursement for hospital and medical insurance premiums of
recipients of a retirement allowance who are not eligible for the same
level of hospital and medical benefits as recipients living in Kentucky
and having the same Medicare hospital and medical insurance eligibility
status. An eligible recipient shall file proof of payment for hospital
and medical insurance at the retirement office. Reimbursement to
eligible recipients shall be made on a quarterly basis. The recipient
shall be eligible for reimbursement of substantiated medical insurance
premiums for an amount not to exceed the total monthly premium
determined under subsection (3) of this section. The plan shall not be
made available if all recipients are eligible for the same coverage as
recipients living in Kentucky.
(8) The benefits of subsection (3)(b) of this
section shall be considered base-level benefits and shall be protected by
the inviolable contract provisions of KRS 61.692. The General Assembly may
award supplemental benefits or coverage rates at any time on an ad hoc
basis. Any enhanced benefits or rate increases that may be conferred in the
future on an ad hoc basis shall not be considered part of the inviolable
contract provisions and, as such, the General Assembly reserves the right to
suspend or reduce any ad hoc benefits conferred in this section if in its
judgment the welfare of the Commonwealth so demands.
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