North Carolina § 135-48 - 20. Board of Trustees established.

§ 135-48. 20. Board of Trustees established.

There is established the Board of Trustees of the State Health Plan for Teachers and State Employees. The Board of Trustees of the State Health Plan for Teachers and State Employees shall consist of 10 members. The State Treasurer shall be an ex officio member of the Board and shall serve as its Chair, but shall only vote in order to break a tie vote. The Director of the Office of State Budget and Management shall be an ex officio nonvoting member of the Board. Two members shall be appointed by the Governor. Terms shall be for two years. Vacancies shall be filled by the Governor. Two members shall be appointed by the State Treasurer. Terms shall be for two years. Vacancies shall be filled by the State Treasurer. Two members shall be appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives in accordance with G.S. 120-121. Terms shall be for two years. Vacancies shall be filled in accordance with G.S. 120-122. Two members shall be appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate in accordance with G.S. 120-121. Terms shall be for two years. Vacancies shall be filled in accordance with G.S. 120-122. In making appointments, the appointing authorities shall ensure that one of the appointees under subsection (e) of this section, one of the appointees under subsection (f) of this section, and one of the appointees under subsection (g) of this section, and one of the appointees under subsection (h) of this section are one of the following: An employee of a State department, agency, or institution; A teacher employed by a North Carolina public school system; A retired employee of a State department, agency, or institution; or A retired teacher from a North Carolina public school system. In making appointments, the appointing authorities shall appoint individuals from the following categories: Individuals with expertise in actuarial science or health economics. Repealed by Session Laws 2018-84, s. 9, effective June 25, 2018. Individuals with expertise in health benefits and administration. Individuals with expertise in health law and policy. Physicians who are licensed to practice medicine in this State. Each appointing authority may remove any member appointed by that appointing authority. The members of the Board of Trustees shall receive one hundred dollars ($100.00) per day, except employees eligible to enroll in the Plan, whenever the full Board of Trustees holds a public session, and travel allowances under G.S. 138-6 when traveling to and from meetings of the Board of Trustees or hearings under G.S. 135-48.24, but shall not receive any subsistence allowance or per diem under G.S. 138-5, except when holding a meeting or hearing where this section does not provide for payment of one hundred dollars ($100.00) per day. No member of the Board of Trustees may serve more than three consecutive two-year terms. Immunity. - Except to the extent provided under Article 31A of Chapter 143 of the General Statutes and to the extent of insurance coverage purchased pursuant to G.S. 58-32-15, a person serving on the Board of Trustees shall be immune individually from civil liability for monetary damages for any act, or failure to act, arising out of that service, except where any of the following apply: The person was not acting within the scope of that person's official duties. The person was not acting in good faith. The person committed gross negligence or willful or wanton misconduct that resulted in damages or injury. The person derived an improper personal financial benefit, either directly or indirectly, from the transaction. The person incurred the liability from the operation of a motor vehicle. In making appointments to the Board under this section, each appointing authority shall consult with all other appointing authorities prior to making its own appointments to ensure that the Board includes members of each of the groups listed in subdivisions (1) through (4) of this subsection. In making appointments to the Board under this section, each appointing authority shall consult with all other appointing authorities prior to making its own appointments to ensure that each of the areas of expertise listed in subdivisions (1) through (5) of this subsection is represented by at least one member of the Board. History (1981 (Reg. Sess., 1982), c. 1398, s. 6; 1983, c. 922, s. 1; 1985, c. 732, ss. 2-5, 8, 11, 42, 59, 60; 1985 (Reg. Sess., 1986), c. 1020, s. 1; 1987, c. 857, s. 2; 1995, c. 490, s. 56; 2002-126, s. 28.16(a); 2007-323, s. 28.22A(b); 2008-168, ss. 1(a), 2(a), (e); 2011-85, ss. 2.5(a), 2.10; 2011-96, s. 6(a); 2017-135, s. 4; 2018-84, s. 9.) Editor's Note. - Session Laws 2011-85, s. 2.5(a), effective January 1, 2012, recodified former G.S. 135-44 as G.S. 135-48.20 . Former G.S. 135-44 itself was formerly codified as G.S. 135-39. It was recodified as G.S. 135-38.2 under Part 2A of Article 3A of Chapter 135 by Session Laws 2008-168, s. 2(e), effective July 1, 2008, but was renumbered as G.S. 135-44 at the direction of the Revisor of Statutes. Session Laws 2011-96, s. 6(a), which amended this section, was contingent on Senate Bill 323, 2011 Regular Session becoming law. Senate Bill 323, 2011 Regular Session was enacted as Session Laws 2011-85. Session Laws 2011-96, s. 6(c), as amended by Session Laws 2012-194, s. 38, provides: "Notwithstanding the two-year term limitation in G.S. 135-48.20(m) , as enacted by Senate Bill 323 of the 2011 Regular Session, the terms of initial appointees under G.S. 135-48.20 shall be as follows and shall begin January 1, 2012: "(1) Two and one-half years. - Appointees under G.S. 135-48.20(i) . "(2) Three and one-half years. - Appointees not under G.S. 135-48.20(i) ." Effect of Amendments. - Session Laws 2011-85, s. 2.10, effective January 1, 2012, rewrote the section. Session Laws 2011-96, s. 6(a), effective January 1, 2012, in the last paragraph of subsection (i), rewrote the first sentence, which formerly read: "Each appointing authority shall consult with all other appointing authorities to ensure that the Board's composition reflects a diversity of employees, teachers, retired employees, and retired teachers," and added the last sentence; and in subsection (j), in the introductory paragraph, deleted "except for the appointees under subsection (i) of this section" following "In making appointments," and in the last paragraph, inserted "prior to making its own appointments" and substituted "areas of expertise listed in subdivisions (1) through (4) of this subsection" for "areas of expertise required by this subsection," and deleted the last sentence, which read: "Each appointing authority shall consider the expertise of the other members of the Board and make appointments so that the Board's composition reflects a diversity of expertise." Session Laws 2017-135, s. 4, effective July 20, 2017, added subsection (n). Session Laws 2018-84, s. 9, effective June 25, 2018, in subsection (j), substituted "categories" for "areas of expertise" in the introductory paragraph, inserted "Individuals with expertise in" at the beginning of subdivisions (1), (3) and (4), added "or health economics" at the end of subdivision (1), deleted former subdivision (2), which read "Health economics" and added subdivision (5).