Bill Text: MI SB0541 | 2013-2014 | 97th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Public employees and officers; compensation and benefits; definition of medical benefit plan; clarify exclusion of employer funding for retirement health care benefits and include certain expenses from medical benefit plan costs. Amends sec. 2 of 2011 PA 152 (MCL 15.562).

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2013-12-31 - Assigned Pa 0269'13 With Immediate Effect [SB0541 Detail]

Download: Michigan-2013-SB0541-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 541

 

 

September 25, 2013, Introduced by Senators ROBERTSON and HANSEN and referred to the Committee on Reforms, Restructuring and Reinventing.

 

 

 

     A bill to amend 2011 PA 152, entitled

 

"Publicly funded health insurance contribution act,"

 

by amending section 2 (MCL 15.562).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. As used in this act:

 

     (a) "Designated state official" means:

 

     (i) For an election affecting employees and officers in the

 

judicial branch of state government, the state court administrator.

 

     (ii) For an election affecting senate employees and officers,

 

the secretary of the senate.

 

     (iii) For an election affecting house of representatives

 

employees and officers, the clerk of the house.

 


     (iv) For an election affecting legislative council employees,

 

the legislative council.

 

     (v) For an election affecting employees in the state

 

classified service, the civil service commission.

 

     (vi) For an election affecting executive branch employees who

 

are not in the state classified service, the state employer.

 

     (b) "Flexible spending account" means a medical expense

 

flexible spending account in conjunction with a cafeteria plan as

 

permitted under the federal internal revenue code of 1986.

 

     (c) "Health savings account" means an account as permitted

 

under section 223 of the internal revenue code of 1986, 26 USC 223.

 

     (d) "Local unit of government" means a city, village,

 

township, or county, a municipal electric utility system as defined

 

in section 4 of the Michigan energy employment act of 1976, 1976 PA

 

448, MCL 460.804, an authority created under chapter VIA of the

 

aeronautics code of the state of Michigan, 1945 PA 327, MCL 259.108

 

to 259.125c, or an authority created under 1939 PA 147, MCL 119.51

 

to 119.62.

 

     (e) "Medical benefit plan" means a plan established and

 

maintained by a carrier, a voluntary employees' beneficiary

 

association described in section 501(c)(9) of the internal revenue

 

code of 1986, 26 USC 501, or by 1 or more public employers, that

 

provides for the payment of medical benefits, including, but not

 

limited to, hospital and physician services, prescription drugs,

 

and related benefits, for public employees or elected public

 

officials. Medical benefit plan does not include benefits provided

 

to individuals retired from a public employer or a public

 


employer's contributions to a fund used for the sole purpose of

 

funding health care benefits that are available to a public

 

employee or an elected public official only upon retirement or

 

separation from service.

 

     (f) "Public employer" means this state; a local unit of

 

government or other political subdivision of this state; any

 

intergovernmental, metropolitan, or local department, agency, or

 

authority, or other local political subdivision; a school district,

 

a public school academy, or an intermediate school district, as

 

those terms are defined in sections 4 to 6 of the revised school

 

code, 1976 PA 451, MCL 380.4 to 380.6; a community college or

 

junior college described in section 7 of article VIII of the state

 

constitution of 1963; or an institution of higher education

 

described in section 4 of article VIII of the state constitution of

 

1963.

 

     Enacting section 1. This amendatory act clarifies the original

 

intent of the legislature that the costs of a public employer's

 

medical benefit plan do not include the public employer's

 

contributions to a health care fund for benefits that are available

 

to an employee or elected official only upon retirement or

 

separation from service. This amendatory act is curative and

 

applies retroactively.

feedback