44th legislature - STATE OF NEW MEXICO - second session, 2000

RELATING TO PUBLIC EMPLOYEES; AMENDING SECTION 10-7-4 NMSA 1978 (BEING LAWS 1941, CHAPTER 188, SECTION 1, AS AMENDED) TO ALLOW PUBLIC SCHOOL DISTRICTS AND INSTITUTIONS OF HIGHER EDUCATION TO CONTRIBUTE UP TO ONE HUNDRED PERCENT OF THE COSTS OF GROUP INSURANCE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 10-7-4 NMSA 1978 (being Laws 1941, Chapter 188, Section 1, as amended) is amended to read:

"10-7-4. GROUP INSURANCE--CAFETERIA PLAN--CONTRIBUTIONS FROM PUBLIC FUNDS.--

A. All state departments and institutions and all political subdivisions of the state, excluding municipalities, counties and political subdivisions of the state with twenty-five employees or fewer, shall cooperate in providing group term life, medical or disability income insurance for the benefit of eligible employees or salaried officers of the respective departments, institutions and subdivisions.

B. [The] Except as provided in Subsection C of this section, the group insurance contributions of the state or any of its departments or institutions, including institutions of higher education and the public schools, shall be made as follows:

(1) seventy-five percent of the cost of the insurance of an employee whose annual salary is less than fifteen thousand dollars ($15,000);

(2) seventy percent of the cost of the insurance of an employee whose annual salary is fifteen thousand dollars ($15,000) or more but less than twenty thousand dollars ($20,000);

(3) sixty-five percent of the cost of the insurance of an employee whose annual salary is twenty thousand dollars ($20,000) or more but less than twenty-five thousand dollars ($25,000); or

(4) sixty percent of the cost of the insurance of an employee whose annual salary is twenty-five thousand dollars ($25,000) or more.

[As used in this subsection, "cost of the insurance" means the premium required to be paid to provide coverages.]

C. Any group insurance contributions of the political subdivisions of the state, except the public schools, institutions of higher education and political subdivisions of the state with twenty-five employees or fewer, shall not exceed sixty percent of the cost of the insurance. School districts or institutions of higher education may contribute an amount up to one hundred percent of the cost of the insurance; provided that a school district or institution of higher education shall not contribute less than the amounts set forth in Subsection B of this section.

[C.] D. When a public employee elects to participate in a cafeteria plan as authorized by the Cafeteria Plan Act and enters into a salary reduction agreement with the governmental employer, the provision of Subsection B of this section with respect to the maximum contributions that can be made by the employer are not violated and will still apply. The employer percentage or dollar contributions as provided in Subsection B of this section shall be determined by the employee's gross salary prior to any salary reduction agreement.

[D.] E. Any group medical insurance plan offered pursuant to this section shall include effective cost-containment measures to control the growth of health care costs. The responsible public body that administers a plan offered pursuant to this section shall report annually by September 1 to appropriate interim legislative committees on the effectiveness of the cost-containment measures required by this subsection.

F. As used in this section, "cost of the insurance" means the premium required to be paid to provide coverage."