145-4-30. Pre-medicare coverage sponsored by the system

(A) This rule applies to health care coverage sponsored by the Ohio public employees retirement system to eligible recipients and dependents who are not yet eligible for coverage under medicare. Health care coverage for an eligible primary benefit recipient may be available upon application on a form provided by the public employees retirement system. A primary benefit recipient may enroll an eligible dependent as defined in rule 145-4-09 of the Administrative Code. Except as provided in paragraph (G) of this rule, eligibility for coverage described in this rule terminates upon the individual's attainment of eligibility for coverage under medicare.

(B)

(1) Except as provided in this paragraph, applications for health care coverage must be received by the public employees retirement system not later than thirty days after the benefit recipient's initial benefit payment. During this thirty-day period, the applicant may make one change to the filed application. If the application is received more than thirty days after the initial benefit payment or the benefit recipient fails to file an application within that period, the benefit recipient shall be treated as described in paragraph (E) of this rule.

(2) The system may accept and process an application received more than thirty days after the benefit recipient's initial benefit payment if either of the following occur:

(a) The system determines that a physical or mental incapacity prevented the benefit recipient from making application within the initial thirty-day benefit period. The effective date of coverage shall be determined in accordance with rule 145-4-32 of the Administrative Code.

(b) The benefit recipient did not apply for coverage and later submits an application due to involuntary termination of coverage under another group plan. The benefit recipient shall submit the application within thirty-one days of the involuntary termination together with proof of such termination.

(C) Upon the recommendation of the actuary retained by the board, the board shall determine annually the portion of the self-supporting rate it may pay for eligible benefit recipients and eligible dependents enrolled in health care coverage.

(D) An ineligible individual, as defined in rule 145-4-06 of the Administrative Code, may remain enrolled in a health care plan administered by a third party health care administrator(s). Such ineligible individual shall pay all required premiums directly to the health care administrator in the time and manner prescribed by the third party health care administrator. New enrollments to this plan shall not be permitted on or after January 1, 2014. Except to the extent required under paragraph (I) of this rule, the retirement system shall not be responsible for any premiums, claims, or withholding of premiums for such health care plan.

(E)

(1) An eligible benefit recipient may defer enrollment in health care coverage. The deferral applies to both the benefit recipient and the benefit recipient's dependents.

(2) A benefit recipient who is described in paragraph (E)(1) of this rule or who waived coverage under a version of this rule in effect prior to January 1, 2014, may enroll by filing an application for enrollment in health care coverage during one of the following:

(a) The annual open enrollment period for health care coverage, except that the deferral or waiver remains effective until January first of the next year;

(b) Within sixty days of involuntary termination of coverage under another group plan, and with proof of such termination.

(F) An individual who is eligible for health care coverage from more than one benefit may not enroll for health care coverage simultaneously under more than one benefit.

(G)

(1) Except as provided in paragraph (G)(2) of this rule and regardless of the reason for eligibility, all enrolled benefit recipients and dependents shall enroll in medicare parts A and B at the benefit recipient or eligible dependent's first eligible date.

(2) A benefit recipient or dependent approved for early medicare coverage shall enroll in and provide the retirement system with evidence of the medicare coverage not later than thirty days after the recipient is notified of coverage by the centers for medicare and medicaid services. The system may cover or coordinate the benefit recipient's retroactive claims with medicare and continue the coverage or coordination for not more than four months following the date the recipient was notified of coverage by the centers for medicare and medicaid services.

When the coordination period described in this paragraph or other medicare coordination period required for end-stage renal disease expires, the benefit recipient is no longer eligible for participation in pre-medicare coverage sponsored by the retirement system and may be eligible to participate in the plans described in paragraph (C) or (D) of rule 145-4-60 of the Administrative Code.

(H) The retirement system shall offer continuation coverage, as applicable, in accordance with the requirements of the Consolidated Omnibus Budget and Reconciliation Act of 1985 ("COBRA"), 42 United States Code 300gg-1.

(I) Benefit recipients under this rule are not eligible for coverage during any period of benefit suspension or forfeiture.

Effective: 1/1/2019
Five Year Review (FYR) Dates: 10/10/2018 and 09/20/2023
Promulgated Under: 111.15
Statutory Authority: 145.58, 145.09
Rule Amplifies: 145.58, 145.584
Prior Effective Dates: 08/20/1976, 12/09/1988, 04/01/1993, 06/29/1996, 05/04/2000, 10/09/2000, 03/22/2002, 08/08/2002, 01/01/2003, 04/15/2004, 01/01/2005, 01/01/2007, 01/01/2009, 01/01/2011, 01/01/2012, 09/10/2012, 12/10/2012, 01/07/2013 (Emer.), 03/24/2013, 01/01/2014, 01/01/2015, 01/01/2016, 09/01/2017