Establishment of Flexible Employee Benefit Plans

  1. Law
  2. Georgia Code
  3. Public Officers and Employees
  4. Employees' Insurance and Benefits Plans
  5. Employee Benefit Plan Council
  6. Establishment of Flexible Employee Benefit Plans

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  1. The council is authorized to establish a flexible employee benefit plan for employees of the state and public schoolteachers and public school employees and to promulgate rules and regulations for its administration, subject to the limitations contained in this article and in Articles 1 and 2 of this chapter. The flexible employee benefit plan may provide for deductions or salary reductions for group life insurance, group property and casualty insurance, disability insurance, supplemental health and accident insurance, health care or dependent care spending accounts as authorized under Section 125 of the United States Internal Revenue Code of 1986, other types of employee welfare benefits, or for salary reductions for health premiums under Article 1 of this chapter and Code Sections 20-2-880 and 20-2-910. The council may establish rating categories for disability insurance based on eligibility for coverage by the disability program of the Social Security Administration.At the council's discretion, any of the insurance or other type of employee welfare benefits authorized by this Code section may be operated as a self-insured plan in whole or in part or by contract with any company authorized to transact such business in this state. Except as provided in Code Section 45-18-30, Code Sections 20-2-880 and 20-2-910, and as implemented prior to January 1, 1986, the council is authorized to establish the plan or plans in connection with plans authorized by the United States Internal Revenue Code for the purpose of income tax advantage.
  2. The council is authorized to promulgate rules and regulations to require local school boards that elect coverage under the plan as provided in subsection (b) of Code Section 45-18-54 to enroll and maintain a minimum participation percentage when offering the plan to its employees.

(Code 1981, §45-18-52, enacted by Ga. L. 1985, p. 441, § 1; Ga. L. 1986, p. 10, § 45; Ga. L. 1990, p. 567, § 1; Ga. L. 1990, p. 1247, § 2; Ga. L. 1992, p. 2111, § 1.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1990, "schoolteachers" was substituted for "school teachers" in the first sentence of subsection (a).

Pursuant to Code Section 28-9-5, in 1992, "self-insured" was substituted for "self insured" in subsection (a).

Administrative Rules and Regulations.

- Flexible benefits program, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Employee Benefit Plan Council, Chapter 478.2.

OPINIONS OF THE ATTORNEY GENERAL

Automobile or homeowner insurance program authorized.

- O.C.G.A. § 45-18-52 authorizes the Employee Benefit Plan Council to create an automobile or homeowner insurance program for state employees. 2003 Op. Att'y Gen. No. U2003-1.


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