New Jersey § 18a:16-13

§ 18a:16-13.

This section shall apply to local boards of education and employers, as specified

in subsection k. of this section, who do not participate in the School Employees' Health Benefits

Program. Any health insurance company may provide to local boards of education and to those

employers defined pursuant to section 32 of P.L.2007, c. 103 ( C.52:14-17.46.2 ) who do not participate in the School Employees' Health Benefits Program the equivalent

of the New Jersey Educators Health Plan in the School Employees' Health Benefits Program

as that plan design is described in subsection f. of section 1 of P.L.2020, c. 44 ( C.52:14-17.46.13 ) and the Garden State Health Plan as that plan design is described in subsection

d. of section 1 of P.L.2020, c. 44 ( C.52:14-17.46.13 ), notwithstanding the provisions of any other law, rule, or regulation, including

any regulation of the New Jersey Department of Banking and Insurance, to the contrary. As used in this subsection, “ health insurance company ” means and includes a health, hospital, and medical service corporation; commercial

individual, small employer, and larger group health insurer; and a health maintenance

organization. a. (1) Notwithstanding the provisions of any other law, rule, or regulation to the

contrary, beginning January 1, 2021 and for each plan year thereafter, a board of

education as an employer providing health care benefits coverage for its employees,

and their dependents if any, in accordance with P.L.1979, c. 391 ( C.18A:16-12 et seq. ) shall offer to its employees, and their dependents if any, the equivalent of the

New Jersey Educators Health Plan in the School Employees' Health Benefits Program

as that plan design is described in subsection f. of section 1 of P.L.2020, c. 44 ( C.52:14-17.46.13 ). Beginning January 1, 2022 and for each plan year thereafter, a board of education as an employer providing

health care benefits coverage for its employees, and their dependents if any, in accordance

with P.L.1979, c. 391 ( C.18A:16-12 et seq. ) shall also offer a plan for its employees, and their dependents if any, that is

the equivalent of the Garden State Health Plan in the School Employees' Health Benefits

Program. The board shall provide an enrollment period prior to January 1, 2022. (2) The plans under this section shall be offered by the employer regardless of any

collective negotiations agreement between the employer and its employees in effect

on the effective date of this act, P.L.2020, c. 44, 1 that provides for enrollment in other plans offered by the employer. No new health care benefits plans, other than those specified in paragraph (1) of

this subsection, shall be added by the employer from January 1, 2021 through December

31, 2027 unless the provisions of any collective negotiations agreement entered into

before or after the effective date of this act, P.L.2020, c. 44, results in additional premium cost reductions. Nothing in this section shall prohibit an employer from offering health care benefits

plans that existed prior to the effective date of this act. (3) Commencing January 1, 2028, the employer may offer such other plans as may be

required in accordance with any collective negotiations agreement between the employer

and its employees. b. Prior to January 1, 2021, each employer shall provide an enrollment period during

which all employees who commenced employment prior to the effective date of this act

shall be required to select affirmatively a plan provided by the employer. If an employee fails to select affirmatively a plan during this enrollment period,

the employer shall enroll the employee, and the employee's dependents if any, in the

equivalent New Jersey Educators Health Plan offered pursuant to subsection a. of this

section for the year January 1, 2021 until December 31, 2021. During the enrollment period, each person who is enrolled in a plan offered by the

employer and who is paying the full cost of coverage shall also be required to select

affirmatively a plan provided by the employer. If a person fails to select affirmatively a plan during this enrollment period,

the employer shall enroll the person, and the person's dependents if any, in the equivalent

New Jersey Educators Health Plan offered pursuant to subsection a. of this section

for the year January 1, 2021 until December 31, 2021. Any such person shall continue to pay the full cost of coverage and shall not be

subject to the contribution schedule or any mandatory enrollment period as set forth

in this section. c. (1) Beginning on January 1, 2021, an employee commencing employment on or after

the effective date of this act but before January 1, 2028 who does not waive coverage,

shall be enrolled by the employer in the equivalent New Jersey Educators Health Plan,

or the equivalent Garden State Health Plan if selected by the employee, as those plans

are offered pursuant to subsection a. of this section. The employee shall remain enrolled in either the equivalent New Jersey Educators

Health Plan or the equivalent Garden State Health Plan selected by the employee at

the annual open enrollment for each plan year until December 31, 2027, provided that

the employee during this period may waive coverage as an employee and select and change

the type of coverage received under the plan following a qualifying life event, in

accordance with the plan regulations. Beginning January 1, 2028, the employee may select, during any open enrollment period

or at such other times or under such conditions as the employer may provide, any plan

offered by the employer. (2) Except as otherwise provided in this subsection or subsection b. of this section,

selection of a plan shall be at the sole discretion of the employee. (3) The enrollment required by paragraph (1) of this subsection shall not include

an employee who commenced employment prior to the effective date of P.L.2020, c. 44 and who did not enroll, who waived enrollment, or who was not eligible to enroll

prior to that effective date for health care coverage provided by the employer, including,

but not limited to, an employee who commenced employment as a part-time employee prior

to the effective date of P.L.2020, c. 44 . If such an employee was required to enroll prior to the effective date of P.L.2021, c. 163 in accordance with paragraph (1), the employee shall be notified promptly in writing

that enrollment is not mandatory and shall be provided promptly with an opportunity

to select enrollment in another health care benefits plan. d. An employee shall contribute annually toward the cost of health care benefits coverage

for the employee, and employee's dependents if any, the amount specified, in the manner

specified, in subsection a. or b. of section 2 of this act, P.L.2020, c. 44 ( C.52:14-17.46.14 ) if the employee, and the employee's dependents if any, are enrolled in the equivalent

New Jersey Educators Health Plan or the equivalent Garden State Health Plan offered

pursuant to subsection a. of this section. An employee's contribution toward the cost of coverage under the equivalent Garden

State Health Plan offered pursuant to subsection a. of this section shall be the amount

required in subsection b. of section 2 of this act, except that the contribution specified

in that subsection shall not be less than the minimum annual contribution for health

care benefits coverage of 1.5% of salary as required by law. e. (1) An employee enrolled in the equivalent New Jersey Educators Health Plan or

the equivalent Garden State Health Plan offered pursuant to subsection a. of this

section shall be required to pay only the contribution specified in subsections a.

and b. of section 2 of this act, notwithstanding any other provision of law, rule,

or regulation to the contrary requiring contributions by employees toward the cost

of health care benefits coverage provided by an employer, except as provided in subsection

d. of this section. No other contribution may be required by collective negotiations agreement, except

as set forth in subsection i. of this section. (2) Employees who are not enrolled in the equivalent New Jersey Educators Health Plan

or the equivalent Garden State Health Plan offered pursuant to subsection a. of this

section shall continue, after the effective date of this act, P.L.2020, c. 44, to contribute to health care benefits coverage and those contributions shall be determined

in accordance with what is permitted or required by provisions of law. An employee who is enrolled in a plan other than the equivalent New Jersey Educators

Health Plan or the equivalent Garden State Health Plan offered pursuant to subsection

a. of this section shall be required to contribute toward the cost of health care

benefits coverage offered by the employer (a) in accordance with a collective negotiations

agreement applicable to that employee as negotiated prior to or after the effective

date of this act pursuant to the requirements that were set forth in law on the day

next preceding that effective date; (b) as may be required at the discretion of the

employer; or (c) as required by a provision of law, whichever is applicable to that

employee. With regard to contributions by an employee who is enrolled in a plan other than the

equivalent New Jersey Educators Health Plan or the equivalent Garden State Health

Plan offered pursuant to subsection a. of this section, no provision in this section

shall be deemed to modify, alter, impair, or terminate the requirement in sections

77 and 78 of P.L.2011, c. 78 ( C.18A:16-17.2 and C.52:14-17.28e ), as applicable, that a public employer and employees who are in negotiations for

the collective negotiations agreement to be executed after the employees in that unit

had reached full implementation of the premium share set forth in section 39 of P.L.2011, c. 78 ( C.52:14-17.28c ) shall conduct negotiations concerning contributions for health care benefits as

if the full premium share was included in the prior contract. Nothing in this act shall be deemed to modify, alter, impair, or terminate the continued

compliance after the effective date of this act with that requirement for negotiations

for any collective negotiations agreement for employee contributions for plans other

than the equivalent New Jersey Educators Health Plan or the equivalent Garden State

Health Plan offered pursuant to subsection a. of this section. (3) For an employee, the annual base salary paid by the employer for the position

held by the employee shall be used to identify the percentage to be used to calculate

the annual contribution required under subsections a. and b. of section 2 of this

act. f. The annual contribution by an employee as calculated in accordance with subsection

a. or b. of section 2 of this act shall not exceed the amount as calculated in accordance

with section 4 of this act. g. The contributions required by this section shall apply to employees for whom the

employer has assumed a health care benefits payment obligation, to require that such

employees pay the amount of contribution specified in this section for health care

benefits coverage. h. The level of benefits in the equivalent New Jersey Educators Health Plan and the

equivalent Garden State Health Plan offered by the employer shall remain unchanged

until December 31, 2027. No change in the level of benefits in those plans shall be made before that date

unless such a change is required by federal or State law to governmental health care

benefits plans or to both governmental and non-governmental health care benefits plans. Commencing January 1, 2028 and for each plan year thereafter, the level of benefits

in the equivalent New Jersey Educators Health Plan and the equivalent Garden State

Health Plan offered by the employer may be modified by the employer in accordance

with collective negotiations agreements entered into between the employers who do

not participate in the School Employees' Health Benefits Program and their employees,

or as otherwise permitted by law. i. Commencing January 1, 2028 and for each plan year thereafter, the contributions

required pursuant to subsections a. and b. of section 2 of this act for employees

enrolled in the equivalent New Jersey Educators Health Plan or the equivalent Garden

State Health Plan offered pursuant to subsection a. of this section may be modified

in accordance with collective negotiations agreements entered into between the employers

who do not participate in the School Employees' Health Benefits Program and their

employees. The contributions required pursuant to subsections a. and b. of section 2 of this

act shall become part of the parties' collective negotiations and shall then be subject

to collective negotiations in a manner similar to other negotiable items between the

parties. Negotiations concerning contributions for health care benefits shall be conducted

as if the contributions required pursuant to subsections a. and b. of section 2 of

this act were included in the prior contract. The contribution scheme of the percentage of base salary set forth in those subsections

may be modified or a new contribution scheme or method other than a percentage of

salary may be provided for in accordance with a collective negotiations agreement. j. Modifications to plan design of the plans set forth in section 1 of this act, P.L.2020, c. 44 ( C.52:14-17.46.13 ), or adjustments to the employee contribution rates set forth in subsections a. and

b. of section 2 of this act, made by the School Employees' Health Benefits Plan Design

Committee or the State Treasurer pursuant to section 7 of this act shall be implemented

for the purposes of this section by the employer commencing January 1, 2024. k. This section shall also apply when health care benefits coverage is provided through

an insurance fund or joint insurance fund or any other manner. This section shall apply to any employer, as that term is defined in section 32

of P.L.2007, c. 103 ( C.52:14-17.46.2 ), that is not a participating employer in the School Employees' Health Benefits Program. This section shall not apply to charter school or renaissance school employers unless

they have a collective negotiations agreement with any of their employees in effect

on or after the effective date of P.L.2020, c. 44 . l. Notwithstanding any provision of law, rule, or regulation to the contrary, for

any period of time during which the employer does not have to pay a premium or periodic

charge for any health care benefits plan or program provided to its employees pursuant

to this section, pursuant to another law, or pursuant to a collective bargaining agreement,

an employee enrolled in such plan or program shall not be required to make the employee's

contribution toward that premium or periodic charge during that period of time. In the event that a collective negotiations agreement specifically addresses a premium

holiday the collective negotiations agreement shall be controlling. 1

L.2020, c. 44, eff. July 1, 2020.