Definitions

  1. Law
  2. Georgia Code
  3. Public Officers and Employees
  4. Employees' Insurance and Benefits Plans
  5. State Employees' Health Insurance Plan and Post-Employment Health Benefit Fund
  6. State Employees' Health Insurance Plan
  7. Definitions

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As used in this part, the term:

  1. "Board" means the Board of Community Health established under Chapter 2 of Title 31.

    (1.1) "Commissioner" means the commissioner of community health.

  2. "Employee" means:
    1. A person who works full time for the state and receives his compensation in a direct payment from a department, agency, or institution of state government; provided, however, that such term shall not include specially classified maintenance and food service employees of the Jekyll Island - State Park Authority hired on or after July 1, 1987, and paid on an hourly basis;
    2. An annuitant who at the time of his or her retirement worked full time for the state and received his or her compensation in a direct payment from a department, agency, or institution of state government and who draws a monthly benefit from the Employees' Retirement System of Georgia or the Georgia Judicial Retirement System;
    3. A person who is appointed to an emeritus position under the laws of this state;
    4. Members of the General Assembly;
    5. Administrative and clerical personnel of the General Assembly;
    6. District attorneys of the superior courts of this state;
    7. Assistant district attorneys of the superior courts of this state who are appointed pursuant to Code Section 15-18-14 and district attorneys' investigators appointed pursuant to Code Section 15-18-14.1;
    8. A person who works full time and receives his compensation in a direct payment from a county board of health or the county boards of health comprising a health district or the county boards of health receiving financial assistance from the Department of Public Health;
    9. An annuitant who at the time of his retirement worked full time and received his compensation in a direct payment from a county board of health or the county boards of health comprising a health district or the county boards of health receiving financial assistance from the Department of Public Health;
    10. A county employee who works full time for a county department of family and children services and who receives his compensation from a county department of family and children services;
    11. An annuitant who at the time of his retirement was a county employee who worked full time for a county department of family and children services and who received his compensation in a direct payment from a county department of family and children services and who draws a monthly benefit from either the Employees' Retirement System of Georgia or a county employees' retirement system;
    12. Secretaries employed by district attorneys and by judges of the superior courts and law clerks employed by judges of the superior courts under Code Sections 15-6-25 through 15-6-28 and Code Sections 15-18-17 through 15-18-19.
  3. "Person who works full time" means an individual who works at least 30 hours per week and whose employment is intended to be a continuing employment. This would exclude any student, seasonal, intermittent, or part-time employment. This would also exclude employment intended for only a very limited duration. Notwithstanding this definition or any other provision of this part, the board may, by regulation, make available to employees who work 17 1/2 hours or more per week such benefits as are required to be made available to such employees by regulations of the United States Internal Revenue Service or any other federal authority.
  4. "Professional claim administrators" means any person, firm, or corporation which has at least two years' experience in the handling of insurance claims and which the board has determined to be fully qualified, financially sound, and capable of meeting all of the service requirements of the contract of administration under such criteria as may have been established by appropriate rules and regulations promulgated by the board after due notice and hearing as required by law.

(Ga. L. 1961, p. 147, §§ 1, 2, 6; Ga. L. 1962, p. 51, § 1; Ga. L. 1963, p. 277, § 1; Ga. L. 1975, p. 65, § 1; Ga. L. 1975, p. 1506, § 6; Ga. L. 1976, p. 1384, § 1; Ga. L. 1977, p. 884, § 1; Ga. L. 1979, p. 667, § 1; Ga. L. 1980, p. 455, § 3; Ga. L. 1980, p. 966, § 1; Ga. L. 1981, p. 425, § 1; Ga. L. 1987, p. 1035, § 1; Ga. L. 1987, p. 1337, § 2; Ga. L. 1989, p. 1148, § 1; Ga. L. 1999, p. 296, § 15; Ga. L. 2000, p. 1201, § 1; Ga. L. 2009, p. 453, §§ 1-4, 1-7/HB 228; Ga. L. 2010, p. 878, § 45/HB 1387; Ga. L. 2011, p. 705, § 6-3/HB 214.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2009, "this part" was substituted for "this article" in the introductory language of this Code section.

Law reviews.

- For article surveying recent legislative and judicial developments regarding Georgia's insurance laws, see 31 Mercer L. Rev. 117 (1979). For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 147 (2011).

OPINIONS OF THE ATTORNEY GENERAL

Part-time employees are not full-time employees eligible for coverage under these statutory provisions. 1963-65 Op. Att'y Gen. p. 219.

Part-time CETA employees are not eligible for the State Employee Health Insurance Plan. 1979 Op. Att'y Gen. No. 79-16.

"Trainees" receiving a scholarship and stipend from the State Health Department who do not work full-time for the state are not eligible for coverage under these statutory provisions. 1971 Op. Att'y Gen. No. 71-63.

Certain court reporters ineligible.

- The court reporters for the superior courts are not full-time state employees receiving their compensation in a direct payment from state funds, and therefore such court reporters are not eligible for inclusion under the State Employees Health Insurance Plan. 1972 Op. Att'y Gen. No. 72-92.

Assistant district attorney on leave without pay for maternity purposes.

- A district attorney may place a state paid assistant district attorney on a voluntary leave without pay status for maternity purposes and during that period of time the state paid assistant district attorney would be entitled to the same benefits and coverage under the State Health Benefit Plan as any other state employee on a voluntary leave of absence without pay for maternity purposes. 1983 Op. Att'y Gen. No. U83-44.


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