3309-1-35 Health care.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

School Employees Retirement System

Agency Name

 

Joseph Marotta

Division                                                                  Contact

 

300 East Broad Street Suite 100 Columbus OH 43215-3746

614-340-2699

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

[e-mail]

Email

3309-1-35

Rule Number

AMENDMENT

TYPE of rule filing

Rule Title/Tag Line              Health care.

RULE SUMMARY

1.  Is the rule being filed consistent with the requirements of the RC 119.032 review? No

2.  Are you proposing this rule as a result of recent legislation? No

3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 111.15

4.  Statute(s) authorizing agency to adopt the rule: 3309.04

5.  Statute(s) the rule, as filed, amplifies or implements: 3309.69

6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

Administrative Rule 3309-1-35 (F)(2) states a member is eligible for a health care premium subsidy if he or she was eligible to participate in the health care plan of his or her employer at the time of retirement, at the time disability was awarded, or at the time of separation from service. SERS has recently encountered several instances where the rule, as currently written, appears to unintentionally penalize career employees.

For example, Member A has worked full-time for 28 years with access to health care benefits. The school employer is making some budget cuts and has decided to reduce her position to part-time with no access to health care benefits. Based on the current rule, if she continues to work to obtain her 30 years of service credit she would not be eligible for a health care premium subsidy. This would result in a significant increase in her monthly health care premium amount.

7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

A person enrolled in SERS' health care plan can now receive a health care premium subsidy if they were eligible to participate in the health care plan of his or her employer at the time of retirement or separation from service, or was eligible to participate in the health care plan of his or her employer at least three of the last five years of service preceding retirement or separation from service.

8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

This response left blank because filer specified online that the rule does not incorporate a text or other material by reference.

9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

This response left blank because filer specified online that the rule does not incorporate a text or other material by reference.

10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

Not Applicable.

filed version of this rule; if none, please state so. If applicable, indicate each specific paragraph of the rule that has been modified:

Not Applicable.

12. 119.032 Rule Review Date: 2/1/2015

(If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS

13.  Estimate the total amount by which this proposed rule would increase / decrease either revenues / expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

This will have no impact on revenues or expenditures. 0

N/A

14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

N/A

15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

N/A

16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

dealing with environmental protection as defined in R. C. 121.39? No

S.B. 2 (129th General Assembly) Questions

18.  Has this rule been filed with the Common Sense Initiative Office pursuant to

R.C. 121.82? No

19.  Specific to this rule, answer the following:

A.) Does this rule require a license, permit, or any other prior authorization to engage in or operate a line of business? No

B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, or create a cause of action, for failure to comply with its terms? No

C.) Does this rule require specific expenditures or the report of information as a condition of compliance? No