Delaware § 5210 - Authority and duties of the State Employee Benefits Committee [For application of this section, see 85 Del. Laws, c. 176, § 4].

§ 5210. Authority and duties of the State Employee Benefits Committee [For application of this section, see 85 Del. Laws, c. 176, § 4].

The State Employee Benefits Committee established by § 9602 of this title shall have the following powers, duties and functions under this chapter:

(1) Control and management of the State employees group health insurance program provided for in this chapter.

(2) Authority to establish the State employees group health insurance program on an insured or self-insured basis.

(3) Selection of the carriers or third-party administrators deemed to offer the best plan to satisfy the interests of the State and its employees and pensioners in carrying out the intent of this chapter.

(4) Authority to adopt rules and regulations for the general administration of the Delaware state employees group health insurance program (program), which must include all of the following for program participants:

a. Beginning January 1, 1993, a spousal coordination of benefits policy that applies to the spouse of a program participant when the spouse is eligible for health-care coverage through the spouse’s own employer.

b. Beginning July 1, 2011, the spousal coordination of benefits policy under paragraph (4)a. of this section also applies to a retired spouse of a program participant when the spouse is collecting a retirement benefit through the spouse’s own employment and is eligible for retiree health-care coverage through that retirement benefit.

c. Beginning July 1, 2027, a pensioner coordination of benefits policy for eligible pensioners who were first employed on or after January 1, 2015, that applies to an eligible pensioner if the eligible pensioner is eligible for health-care coverage through their employer and that health-care coverage is not through a plan under this chapter. The policy under this paragraph (4)c. must be comparable to the spousal coordination of benefits policy under paragraph (4)a. of this section.

(5) Authority to make and enter into any and all contracts with any agency of the State, or any outside agency, for the purpose of assisting in the general administration of this chapter.

(6) Whenever the balance of the fund equity of the Employees’ Health Insurance Fund exceeds the amount determined by the State Employee Benefits Committee to be sufficient to meet anticipated claims plus a reasonable reserve, the State Employee Benefits Committee, in its sole discretion, may transfer the excess balance or any part of it to the OPEB Fund, established pursuant to Chapter 52B of this title, to provide a source for the future payment of retiree health benefits or the Disability Insurance Program, pursuant to Chapter 52A of this title.

(7) Ensure that carriers administering plans for group health insurance under this chapter comply with all requirements and provisions concerning pre-authorization set forth in Chapter 33, subchapter II, and Chapter 35, subchapter V of Title 18.

72 Del. Laws, c. 204, §  7;  76 Del. Laws, c. 70, §  10;  84 Del. Laws, c. 471, § 1;  85 Del. Laws, c. 176, § 3;