§ 135-46. Undertaking. - North Carolina Statutes

Part 4. Long‑Term CareBenefits.

§ 135‑46.  Undertaking.

(a)        The State of NorthCarolina undertakes to make available an optional program of long‑termcare benefits for the benefit of its qualified employees, retired employees andtheir dependents which will pay benefits in accordance with the terms hereof.Retired employees of the Local Governmental Employees' Retirement Systempursuant to Article 3 of Chapter 128 of the General Statutes and theirdependents are also eligible to be qualified for the benefits provided by thisPart.

(b)        The long‑termcare benefits provided by this Part shall be made available through the StateHealth Plan for Teachers and State Employees pursuant to Article 2 and 3A ofthis Chapter (hereinafter called the "Plan") and administered by thePlan's Executive Administrator and Board of Trustees. In administering thebenefits provided by this Part, the Executive Administrator and Board ofTrustees shall have the same type of powers and duties that are provided underPart 3 of this Article for hospital and medical benefits. The benefits providedby this Part may be offered by the Plan on a self‑insured basis, in whichcase a third‑party claims processor shall be chosen through competitivebids, or through a contract of insurance, in which case a carrier licensed todo business in North Carolina shall be selected on a competitive bid basis inaccordance with State law.

(c)        The benefitsauthorized by this Part are available only to qualified employees and retiredemployees who voluntarily elect to provide such benefits for themselves andtheir qualified dependents. Payroll deductions shall be available from employeesalary and disability benefit payments and from retired employee retirementbenefit payments for fully contributory premium amounts.

(d)        The ExecutiveAdministrator and Board of Trustees of the Plan shall insure insofar aspossible that the long‑term care benefits provided by this Part shall betax‑qualified under federal law.  (1997‑468, s. 7; 2007‑323, s. 28.22A(o);2007‑345, s. 12; 2008‑168, ss. 1(a), 4(a)‑(c).)