New Jersey § 52:14-17

§ 52:14-17.

a. There is hereby created a School Employees' Health Benefits Commission, consisting

of nine members: (1) the State Treasurer and the Commissioner of the Department of Banking and Insurance

serving ex officio; (2) a member appointed by the Governor who is a New Jersey resident and is qualified

by experience, education, or training in the review, administration, or design of

health insurance plans for self-insured employers; (3) a member appointed by the Governor from among three persons nominated by the New

Jersey School Boards' Association, which member shall be qualified by experience,

education, or training in the review, administration, or design of health insurance

plans for self-insured employers; (4) three members appointed by the Governor from among five persons nominated by the

New Jersey Education Association, of whom two shall be qualified by experience, education,

or training in the review, administration, or design of health insurance plans for

self-insured employers; (5) a member appointed by the Governor from among three persons nominated by the education

section of the New Jersey State AFL-CIO, which member shall be qualified by experience,

education, or training in the review, administration, or design of health insurance

plans for self-insured employers; and (6) a member appointed pursuant to subsection b. of this section who shall be the

chairperson. b. The Governor shall appoint the chairperson from among three persons nominated jointly

by at least six of the eight members appointed pursuant to subsection a. of this section. c. If the Governor declines to make an appointment from among the persons nominated

for membership, the Governor shall request that a new list of nominees be provided

in compliance with subsection a. of this section. If the Governor declines to make an appointment from the new list, the process set

forth in this subsection shall be repeated until the Governor makes an appointment

from a list of nominees. Except with respect to the appointment of the chairperson, if a new list of nominees

is not submitted within 45 days of the Governor's request, the Governor shall make

the appointment without the need to select from any list of nominees. d. The initial terms of the members of the commission shall be as follows: (1) the member appointed pursuant to paragraph (3) of subsection a. of this section

and the two members appointed pursuant to paragraph (4) of subsection a. of this section

who are required to be qualified by experience, education, or training shall serve

for a term of three years; (2) the member appointed pursuant to paragraph (2) of subsection a. of this section,

the member appointed pursuant to paragraph (4) of subsection a. of this section who is not required to be qualified by experience, education, or

training, and the member appointed pursuant to paragraph (5) of subsection a. of this

section shall serve for a term of two years; and (3) the chairperson shall serve for a term of six years. All subsequent terms shall be for three years, except that the term of the chairperson

shall be five years. A member of the commission may be reappointed to succeeding terms without limit

in the same manner as the original appointment. A vacancy occurring on the commission shall be filled in the same manner as the

original appointment and only for the unexpired term. e. There is established a School Employees' Health Benefits Plan Design Committee,

composed of six members as follows: three members who shall be appointed by the Governor as representatives of public

employers whose employees are enrolled in the program; two members who shall be appointed by the New Jersey Education Association; and one member who shall be appointed by the education section of the New Jersey State

AFL-CIO. The members of the committee shall serve for a term of three years and until a successor

is appointed and qualified. Of the initial appointments by the Governor, two members shall serve for two years

and until a successor is appointed and qualified, and one shall serve for one year

and until a successor is appointed and qualified. Of the initial appointments by the New Jersey Education Association, one member

shall serve for one year and until a successor is appointed and qualified. The members of the committee shall select a chairperson from among the members, who

shall serve for a term of one year, with no member serving more than one term as chairperson

until all the members of the committee have served a term in a manner alternating

among the employer representatives and employee representatives, unless the committee

determines otherwise with regard to this process. The committee shall have the responsibility for and authority over the various plans

and components of those plans, including for medical benefits, prescription benefits,

dental, vision, and any other health care benefits, offered and administered by the

program. The committee shall have the authority to create, modify, or terminate any plan

or component, at its sole discretion. Any reference in law to the School Employees' Health Benefits Commission in the

context of the creation, modification, or termination of a plan or plan component

shall be deemed to apply to the committee. The members of the committee shall have the same duty and responsibility to the program

as do the members of the commission. If any matter before the committee receives at least four votes in the affirmative,

the commission shall approve and implement the committee's decision. If any matter before the committee receives three votes in the affirmative and three

votes in the negative or the committee otherwise reaches an impasse on a decision,

the provisions of section 55 of P.L.2011, c. 78 ( C.52:14-17.27b ) shall be followed.