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NORTH CAROLINA STATUTES AND CODES

§ 135-44.6. (See Editor's Note) Premiums set.

§ 135‑44.6.  (SeeEditor's Note) Premiums set.

(a)        The ExecutiveAdministrator and Board of Trustees shall, from time to time, recommend to theGeneral Assembly the establishment or adjustment of premium rates for the Planand based on premium rates enacted by the General Assembly shall adopt rulesfor payment of the premiums. Premium rates shall be established for coverageswhere Medicare is the primary payer of health benefits separate and apart fromthe rates established for coverages where Medicare is not the primary payer ofhealth benefits. The amount of State funds contributed for optional coveragefor employees and retirees on a partially contributory basis shall not be morethan the Plan's total noncontributory premium for Employee Only coverage, withthe person selecting the coverage paying the balance of the partiallycontributory premium not paid by the Plan. The amount of State fundscontributed shall not exceed the Plan's cost for Employee Only coverage. TheExecutive Administrator and Board of Trustees shall not impose a partiallycontributory premium until after it has consulted on the premium and theoptional coverage design with the Committee on Employee Hospital and MedicalBenefits.

(b)        The ExecutiveAdministrator and Board of Trustees shall establish separate premium rates forthe long‑term care benefits provided by Part 4 of this Article if thebenefits are administered on a self‑insured basis.

(c)        Repealed by SessionLaws 2008‑107, s. 10.13(a), effective July 1, 2008.

(d)        In setting premiumsfor firefighters, rescue squad workers, and members of the National Guard, andtheir eligible dependents, the Executive Administrator and Board of Trusteesshall establish rates separate from those affecting other members of the Plan.These separate premium rates shall include rate factors for incurred butunreported claim costs, for the effects of adverse selection from voluntaryparticipation in the Plan, and for any other actuarially determined measuresneeded to protect the financial integrity of the Plan for the benefit of itsserved employees, retired employees, and their eligible dependents.

(e)        The total amount ofpremiums due the Plan from charter schools as employing units, includingamounts withheld from the compensation of Plan members, that is not remitted tothe Plan by the fifteenth day of the month following the due date of remittanceshall be assessed interest of one and one‑half percent (1 1/2%) of theamount due the Plan, per month or fraction thereof, beginning with thesixteenth day of the month following the due date of the remittance. Theinterest authorized by this section shall be assessed until the premium paymentplus the accrued interest amount is remitted to the Plan. The remittance ofpremium payments under this section shall be presumed to have been made if theremittance is postmarked in the United States mail on a date not later than thefifteenth day of the month following the due date of the remittance.

(f)         Premium ratesestablished or adjusted pursuant to this section shall not become effectiveexcept by an act of the General Assembly.  (1981 (Reg. Sess., 1982), c. 1398, s. 6; 1985, c.732, s. 52; 1991, c. 427, s. 5; 1997‑468, s. 4; 1998‑1, s. 4(e);1999‑237, s. 28.29(h); 2003‑69, s. 2; 2004‑124, s. 31.21(c);2005‑276, s. 29.31(e); 2007‑323, s. 28.22A(m), (m1), (o); 2007‑345,ss. 11, 12; 2008‑107, s. 10.13(a); 2008‑168, ss. 1(a), 2(a), (m);2009‑281, s. 1; 2009‑571, s. 3(c).)

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