TITLE 36
Public Officers and Employees
CHAPTER 36-12
Insurance Benefits
SECTION 36-12-1
§ 36-12-1 Definitions.
The following words, as used in §§ 36-12-1 36-12-14, shall
have the following meanings:
(1) "Employer", means the state of Rhode Island.
(2) "Employee", means all persons who are classified
employees as the term "classified employee" is defined under § 36-3-3, and
all persons in the unclassified and non-classified service of the state;
provided, however, that the following shall not be included as "employees"
under §§ 36-12-1 36-12-14:
(i) Part-time personnel whose work week is less than twenty
(20) hours a week and limited period and seasonal personnel;
(ii) Members of the general assembly, its clerks,
doorkeepers, and pages.
(3) "Dependents" means an employee's spouse, domestic partner
and unmarried children under nineteen (19) years of age. Domestic partners
shall certify by affidavit to the benefits director of the division of
personnel that the (i) partners are at least eighteen (18) years of age and are
mentally competent to contract, (ii) partners are not married to anyone, (iii)
partners are not related by blood to a degree which would prohibit marriage in
the state of Rhode Island, (iv) partners reside together and have resided
together for at least one year, (v) partners are financially interdependent as
evidenced by at least two (2) of the following: (A) domestic partnership
agreement or relationship contract; (B) joint mortgage or joint ownership of
primary residence, (C) two (2) of: (I) joint ownership of motor vehicle; (II)
joint checking account; (III) joint credit account; (IV) joint lease; and/or
(D) the domestic partner has been designated as a beneficiary for the
employee's will, retirement contract or life insurance. Misrepresentation of
information in the affidavit will result in an obligation to repay the benefits
received, and a civil fine not to exceed one thousand dollars ($1000)
enforceable by the attorney general and payable to the general fund. The
employee will notify the benefits director of the division of personnel by
completion of a form prescribed by the benefits director when the domestic
partnership ends.
(4) "Retired employee", means all persons retired from the
active service of the state, who, immediately prior to retirement, were
employees of the state as determined by the retirement board under §
36-8-1, and also all retired teachers who have elected to come under the
employees' retirement system of the state of Rhode Island.
(5) "State retiree", means all persons retired from the
active service of the state who, immediately prior to retirement, were
employees of the state as determined by the retirement board under §
36-8-1.
(6) "Teacher retiree", means all retired teachers who have
elected to come under the employees ' retirement system of the state of Rhode
Island.
(7) "Long-term health care insurance", means any insurance
policy or rider advertised, marketed, offered, or designed to provide coverage
for not less than twelve (12) consecutive months for each covered person on an
expense incurred, indemnity, prepaid, or other basis for one or more necessary
or medically necessary diagnostic, preventive, therapeutic, rehabilitative,
maintenance, or personal care services, provided in a setting other than an
acute care unit of a hospital. The term includes: group and individual policies
or riders whether issued by insurers, fraternal benefit societies, nonprofit
health, hospital, and medical service corporations; prepaid health plans,
health maintenance organizations; or any similar organization. Long-term health
care insurance shall not include: any insurance policy which is offered
primarily to provide basic medicare supplement coverage; basic hospital expense
coverage; basic medical-surgical expense coverage; hospital confinement
indemnity coverage; major medical expense coverage; disability income
protection coverage; accident only coverage; specified disease or specified
accident coverage; or limited benefit health coverage. This list of excluded
coverages is illustrative and is not intended to be all inclusive.
(8) "Non-Medicare-eligible retiree health care insurance",
means the health benefit employees who retire from active service of the state
(subsequent to July 1, 1989), who immediately prior to retirement were
employees of the state as determined by the retirement board pursuant to §
36-8-1, shall be entitled to receive until attaining Medicare eligibility. This
health care insurance shall be equal to semi-private hospital care,
surgical/medical care and major medical with a one hundred seventy-five dollar
($175) calendar year deductible. The aforementioned program will be provided on
a shared basis in accordance with § 36-12-4.
(9) "Medicare-eligible retiree health care insurance", means
the health benefit employees who retire from active service of the state
(subsequent to July 1, 1989), who immediately prior to retirement were
employees of the state as determined by the retirement board pursuant to §
36-8-1, shall have access to when eligible for Medicare. This health care
insurance shall include plans providing hospital care, surgical/medical
services, rights and benefits which, when taken together with their federal
Medicare program benefits, 42 U.S.C. § 1305 et seq., shall be comparable
to those provided for retirees prior to the attainment of Medicare eligibility.
(10) "Health reimbursement arrangement", or "HRA" means an
account that:
(i) Is paid for and funded solely by state contributions;
(ii) Reimburses a Medicare-eligible state retiree for medical
care expenses as defined in § 213(d) of the Internal Revenue Code of 1986,
as amended, which includes reimbursements for health care insurance premiums;
(iii) Provides reimbursements up to a maximum dollar amount
for a coverage period; and
(iv) Provides that any unused portion of the maximum dollar
amount at the end of a coverage period is carried forward to increase the
maximum reimbursement amount in subsequent coverage periods.
History of Section.
(P.L. 1960, ch. 136, § 1; P.L. 1967, ch. 105, § 1; P.L. 1988, ch.
433, § 1; P.L. 1989, ch. 227, § 2; P.L. 1989, ch. 542, § 88;
P.L. 2001, ch. 110, § 1; P.L. 2013, ch. 144, art. 2, § 1.)
