0001| HOUSE BILL 975 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| RON GENTRY | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO RETIREE HEALTH CARE; AMENDING THE RETIREE HEALTH | 0012| CARE ACT TO INCLUDE ADDITIONAL PUBLIC ENTITIES AS ELIGIBLE | 0013| EMPLOYERS AND GIVE THE RETIREE HEALTH CARE BOARD MORE | 0014| DISCRETION IN SETTING CONTRIBUTION AND BENEFIT LEVELS; AMENDING | 0015| SECTIONS OF THE NMSA 1978; DECLARING AN EMERGENCY. | 0016| | 0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0018| Section 1. Section 10-7C-4 NMSA 1978 (being Laws 1990, | 0019| Chapter 6, Section 4, as amended) is amended to read: | 0020| "10-7C-4. DEFINITIONS.--As used in the Retiree Health | 0021| Care Act: | 0022| A. "active employee" means an employee of a public | 0023| institution or any other public employer participating in | 0024| either the Educational Retirement Act, the Public Employees | 0025| Retirement Act, the Judicial Retirement Act, ~~[or]~~ the | 0001| Magistrate Retirement Act or the Public Employees Retirement | 0002| Reciprocity Act or the employee of an independent public | 0003| employer; | 0004| B. "authority" means the retiree health care | 0005| authority created pursuant to the Retiree Health Care Act; | 0006| C. "basic plan of benefits" means only those | 0007| coverages generally associated with a medical plan of benefits; | 0008| D. "board" means the ~~[governing]~~ board of the | 0009| retiree health care authority; | 0010| E. "current retiree" means an eligible retiree who | 0011| is receiving a disability or normal retirement benefit under | 0012| the Educational Retirement Act, the Public Employees Retirement | 0013| Act, the Judicial Retirement Act, the Magistrate Retirement Act | 0014| ~~[the Retirement Reciprocity Act, the Judicial Retirement~~ | 0015| ~~Reciprocity Act]~~ or the Public Employees Retirement | 0016| Reciprocity Act or the retirement program of an independent | 0017| public employer on or before July 1, 1990; | 0018| F. "eligible dependent" means a person obtaining | 0019| retiree health care coverage based upon that person's | 0020| relationship to an eligible retiree as follows: | 0021| (1) a spouse; | 0022| (2) an unmarried child under the age of | 0023| nineteen who is: | 0024| (a) a natural child; | 0025| (b) a legally adopted child; | 0001| (c) a stepchild living in the same | 0002| household who is primarily dependent on the eligible retiree | 0003| for maintenance and support; | 0004| (d) a child for whom the eligible | 0005| retiree is the legal guardian and who is primarily dependent on | 0006| the eligible retiree for maintenance and support, as long as | 0007| evidence of the guardianship is evidenced in a court order or | 0008| decree; or | 0009| (e) a foster child living in the same | 0010| household; | 0011| (3) a child described in Subparagraphs (a) | 0012| through (e) of Paragraph (2) of this subsection who is between | 0013| the ages of nineteen and twenty-five and is a full-time student | 0014| at an accredited educational institution, provided that "full- | 0015| time student" shall be a student enrolled in and taking twelve | 0016| or more semester hours or its equivalent contact hours in | 0017| primary, secondary, undergraduate or vocational school or a | 0018| student enrolled in and taking nine or more semester hours or | 0019| its equivalent contact hours in graduate school; | 0020| (4) a dependent child over nineteen who is | 0021| wholly dependent on the eligible retiree for maintenance and | 0022| support and who is incapable of self-sustaining employment by | 0023| reason of mental retardation or physical handicap, provided | 0024| that proof of incapacity and dependency shall be provided | 0025| within thirty-one days after the child reaches the limiting age | 0001| and at such times thereafter as may be required by the board; | 0002| (5) a surviving spouse defined as follows: | 0003| (a) "surviving spouse" means the spouse | 0004| to whom a retiree was married at the time of death; or | 0005| (b) "surviving spouse" means the spouse | 0006| to whom a deceased vested active employee was married at the | 0007| time of death; or | 0008| (6) a surviving dependent child who is the | 0009| dependent child of a deceased eligible retiree whose other | 0010| parent is also deceased; | 0011| G. "eligible employer" means either: | 0012| (1) a "retirement system employer", which | 0013| means an institution of higher education, a school district or | 0014| other entity participating in the public school insurance | 0015| authority, a state agency, state court, magistrate court, | 0016| municipality, ~~[or]~~ county or public entity, each of which | 0017| is affiliated under or covered by the Educational Retirement | 0018| Act, the Public Employees Retirement Act, the Judicial | 0019| Retirement Act, ~~[or]~~ the Magistrate Retirement Act or the | 0020| Public Employees Retirement Reciprocity Act; or | 0021| (2) an "independent public employer", which | 0022| means a municipality, ~~[or]~~ county ~~[which]~~ or public entity | 0023| that is not a retirement system employer; | 0024| H. "eligible retiree" means: | 0025| (1) a "nonsalaried eligible participating | 0001| entity governing authority member" who is a person who is not a | 0002| retiree and who: | 0003| (a) has served without salary as a | 0004| member of the governing authority of an employer eligible to | 0005| participate in the benefits of the Retiree Health Care Act and | 0006| is certified to be such by the executive director of the public | 0007| school insurance authority; | 0008| (b) has maintained group health | 0009| insurance coverage through that member's governing authority if | 0010| such group health insurance coverage was available and offered | 0011| to the member during the member's service as a member of the | 0012| governing authority; and | 0013| (c) was participating in the group | 0014| health insurance program under the Retiree Health Care Act | 0015| prior to July 1, 1993; or | 0016| (d) if a person eligible under | 0017| Subparagraph (a) of this paragraph applies before August 1, | 0018| 1993 to the authority to participate in the program, then he | 0019| will be eligible to participate notwithstanding the provisions | 0020| of Subparagraphs (b) and (c) of this paragraph; | 0021| (2) a "salaried eligible participating entity | 0022| governing authority member" who is a person who is not a | 0023| retiree and who: | 0024| (a) has served with salary as a member | 0025| of the governing authority of an employer eligible to | 0001| participate in the benefits of the Retiree Health Care Act; | 0002| (b) has maintained group health | 0003| insurance through that member's governing authority, if such | 0004| group health insurance was available and offered to the member | 0005| during the member's service as a member of the governing | 0006| authority; and | 0007| (c) was participating in the group | 0008| health insurance program under the Retiree Health Care Act | 0009| prior to July 1, 1993; or | 0010| (d) if a person eligible under | 0011| Subparagraph (a) of this paragraph applies before August 1, | 0012| 1993 to the authority to participate in the program, then he | 0013| will be eligible to participate notwithstanding the provisions | 0014| of Subparagraphs (b) and (c) of this paragraph; or | 0015| (3) an "eligible participating retiree" who is | 0016| a person who: | 0017| (a) falls within the definition of a | 0018| retiree, has made contributions to the fund for at least five | 0019| years prior to retirement and whose eligible employer during | 0020| that period of time made contributions as a participant in the | 0021| Retiree Health Care Act on the person's behalf, unless that | 0022| person retires on or before July 1, 1995, in which event the | 0023| time period required for employee and employer contributions | 0024| shall become the period of time between July 1, 1990 and the | 0025| date of retirement, and who is certified to be a retiree by the | 0001| educational retirement director, the executive secretary of the | 0002| public employees retirement board or the governing authority of | 0003| an independent public employer; | 0004| (b) falls within the definition of a | 0005| retiree, retired prior to July 1, 1990 and is certified to be a | 0006| retiree by the educational retirement director, the executive | 0007| secretary of the public employees retirement association or the | 0008| governing authority or of an independent public employer; but | 0009| this paragraph does not include a retiree who was an employee | 0010| of an eligible employer who exercised the option not to be a | 0011| participating employer pursuant to the Retiree Health Care Act | 0012| and did not after January 1, 1993 elect to become a | 0013| participating employer; unless the retiree: 1) retired on or | 0014| before June 30, 1990; and 2) at the time of retirement did not | 0015| have a retirement health plan or retirement health insurance | 0016| coverage available from his employer; or | 0017| (c) is a retiree who: 1) was at the time | 0018| of retirement an employee of an eligible employer who exercised | 0019| the option not to be a participating employer pursuant to the | 0020| Retiree Health Care Act, but which eligible employer | 0021| subsequently elected after January 1, 1993 to become a | 0022| participating employer; 2) has made contributions to the fund | 0023| for at least five years prior to retirement and whose eligible | 0024| employer during that period of time made contributions as a | 0025| participant in the Retiree Health Care Act on the person's | 0001| behalf, unless that person retires less than five years after | 0002| the date participation begins, in which event the time period | 0003| required for employee and employer contributions shall become | 0004| the period of time between the date participation begins and | 0005| the date of retirement; and 3) is certified to be a retiree by | 0006| the educational retirement director, the executive secretary of | 0007| the public employees retirement board or the governing | 0008| authority of an independent public employer; | 0009| I. "fund" means the retiree health care fund; | 0010| J. "group health insurance" means coverage that | 0011| includes but is not limited to life insurance, accidental death | 0012| and dismemberment, hospital care and benefits, surgical care | 0013| and treatment, medical care and treatment, dental care, eye | 0014| care, obstetrical benefits, prescribed drugs, medicines and | 0015| prosthetic devices, medicare supplement, medicare carveout, | 0016| medicare coordination and other benefits, supplies and services | 0017| through the vehicles of indemnity coverages, health maintenance | 0018| organizations, preferred provider organizations and other | 0019| health care delivery systems as provided by the Retiree Health | 0020| Care Act and other coverages considered by the board to be | 0021| advisable; | 0022| K. "ineligible dependents" include but are not | 0023| limited to: | 0024| (1) those dependents created by common law | 0025| relationships; | 0001| (2) dependents while in active military | 0002| service; | 0003| (3) parents, aunts, uncles, brothers, sisters, | 0004| grandchildren and other family members left in the care of an | 0005| eligible retiree without evidence of legal guardianship; and | 0006| (4) anyone not specifically referred to as an | 0007| eligible dependent pursuant to the rules and regulations | 0008| adopted by the board; | 0009| L. "participating employee" means an employee of a | 0010| participating employer, which employee has not been excluded | 0011| from participation in the Retiree Health Care Act pursuant to | 0012| ~~[Subsection F of Section 10-7C-9 NMSA 1978 or]~~ Section | 0013| 10-7C-10 NMSA 1978; | 0014| M. "participating employer" means an eligible | 0015| employer who has satisfied the conditions for participating in | 0016| the benefits of the Retiree Health Care Act, including the | 0017| requirements of Subsection M of Section 10-7C-7 NMSA 1978 and | 0018| Subsection D, ~~[or]~~ E or G of Section 10-7C-9 NMSA 1978, as | 0019| applicable; ~~[and]~~ | 0020| N. "public entity" means a flood control | 0021| authority, economic development district, council of | 0022| governments, regional housing authority, conservancy district | 0023| or other special district or special purpose government; and | 0024| ~~[N.]~~ O. "retiree" means a person who: | 0025| (1) is receiving: | 0001| (a) a disability or normal retirement | 0002| benefit or survivor's benefit under the Educational Retirement | 0003| Act; | 0004| (b) a disability or normal retirement | 0005| benefit or survivor's benefit pursuant to the Public Employees | 0006| Retirement Act, the Judicial Retirement Act, the Magistrate | 0007| Retirement Act or the ~~[Retirement Reciprocity Act or the~~ | 0008| ~~Judicial Retirement Reciprocity Act]~~ Public Employees | 0009| Retirement Reciprocity Act; or | 0010| (c) a disability or normal retirement | 0011| benefit or survivor's benefit pursuant to the retirement | 0012| program of an independent public employer to which that | 0013| employer has made periodic contributions; or | 0014| (2) is not receiving a survivor's benefit but | 0015| is the eligible dependent of a person who received a disability | 0016| or normal retirement benefit pursuant to the Educational | 0017| Retirement Act, ~~[or]~~ the Public Employees Retirement Act, | 0018| the Judicial Retirement Act, the Magistrate Retirement Act or | 0019| the Public Employees Retirement Reciprocity Act." | 0020| Section 2. Section 10-7C-7 NMSA 1978 (being Laws 1990, | 0021| Chapter 6, Section 7) is amended to read: | 0022| "10-7C-7. BOARD--DUTIES.--In order to achieve the | 0023| purposes of the Retiree Health Care Act, the board may take all | 0024| actions reasonably necessary to implement that act, including | 0025| but not limited to the following: | 0001| A. employ or contract for the services of the state | 0002| fiscal agent or select its own fiscal agent in accordance with | 0003| the Procurement Code; | 0004| B. employ or contract for persons to assist it in | 0005| carrying out the Retiree Health Care Act and determine the | 0006| duties and compensation of these employees; | 0007| C. collect and disburse funds; | 0008| D. collect all current and historical claims and | 0009| financial information necessary for effective procurement of | 0010| lines of insurance coverage; | 0011| E. promulgate and adopt necessary rules, | 0012| regulations and procedures for implementation of the Retiree | 0013| Health Care Act; | 0014| F. negotiate insurance policies covering additional | 0015| or lesser benefits as determined appropriate by the board, and | 0016| at the board's discretion determine various benefit levels | 0017| based on retirees' accumulated years of credited service, but | 0018| the board shall maintain all coverage as required by federal or | 0019| state law for each eligible retiree. In the event it is | 0020| practical to wholly self-insure part or all of the retiree | 0021| health care coverages, the board may do so; | 0022| G. procure group health care and other coverages | 0023| authorized by the Retiree Health Care Act in accordance with | 0024| the Procurement Code; | 0025| H. establish the procedures for contributions and | 0001| deductions; | 0002| I. determine methods and procedures for claims | 0003| administration; | 0004| J. administer the fund; | 0005| K. contract for and make available to all eligible | 0006| retirees and eligible dependents basic and optional group | 0007| health insurance plans. The optional coverage may include a | 0008| lower deductible, lower coinsurance or additional categories of | 0009| benefits permitted under this section and all other applicable | 0010| sections of the Retiree Health Care Act to provide additional | 0011| levels of coverages and benefits. Any additional contributions | 0012| for these optional plans shall be paid for by the eligible | 0013| retiree or eligible dependent. The coverage provided by the | 0014| plan or plans shall be secondary to all other benefit coverages | 0015| to which the eligible retiree or eligible dependent is | 0016| entitled. In the event a covered eligible retiree becomes | 0017| employed by an employer offering its employees a basic plan of | 0018| benefits, the coverage provided by the plan under the Retiree | 0019| Health Care Act shall be secondary to such coverage regardless | 0020| of whether the employee enrolls in that employer's plan. In | 0021| the event the eligible retiree or eligible dependent is en- | 0022| | 0023| titled to receive medicare hospital insurance benefits at no | 0024| charge, then the coverage provided by the plan under the | 0025| Retiree Health Care Act shall be secondary to medicare hospital | 0001| and medical insurance to the extent permitted by federal law; | 0002| L. provide, at its discretion, different plans for | 0003| eligible retirees and eligible dependents covered by medicare | 0004| than the plans provided for eligible retirees and eligible | 0005| dependents who are not covered by medicare; and | 0006| M. promulgate and adopt rules and regulations | 0007| governing eligibility, participation, enrollment, length of | 0008| service and any other conditions or requirements for providing | 0009| substantially equal treatment to participating employers ~~[who~~ | 0010| ~~are independent public employers and their retirees and~~ | 0011| ~~participating employees]~~." | 0012| Section 3. Section 10-7C-9 NMSA 1978 (being Laws 1990, | 0013| Chapter 6, Section 9, as amended) is amended to read: | 0014| "10-7C-9. PARTICIPATION.-- | 0015| A. All eligible employers shall participate in the | 0016| Retiree Health Care Act except as provided in Subsection D or | 0017| ~~[Subsection]~~ E of this section. Participating employers are | 0018| required to continue existing group health insurance coverages | 0019| until such time as similar coverages are offered by the board | 0020| under the Retiree Health Care Act. | 0021| B. Participation in the basic health insurance | 0022| coverages provided by the authority shall be conditioned upon | 0023| receipt by the board of a certificate of eligibility from the | 0024| educational retirement director, the executive secretary of the | 0025| public employees retirement association, the ~~[executive]~~ | 0001| director of the public school insurance authority or the | 0002| governing body of an independent public employer. Once | 0003| eligibility is established, for each eligible retiree who | 0004| retires on or after ~~[the effective date of the Retiree Health~~ | 0005| ~~Care Act]~~ February 13, 1990, the board shall contribute from | 0006| money in the fund the authority's portion of the premium for | 0007| the basic plan of benefits commencing no earlier than January | 0008| 1, 1991, plus the balance of the premium which shall be | 0009| collected from the retiree. | 0010| C. Each eligible retiree shall accept or reject | 0011| enrollment in the basic plan of benefits on an enrollment form | 0012| provided by the board. An eligible retiree who rejects | 0013| enrollment or fails to return a properly executed enrollment | 0014| form within the open enrollment period as established by the | 0015| board forfeits all entitlement and eligibility for benefits | 0016| under the Retiree Health Care Act until the next open | 0017| enrollment period as established by the board. | 0018| D. On or before January 1, 1991, municipalities, | 0019| counties and institutions of higher education that are | 0020| retirement system employers may at their option determine by | 0021| ordinance, or for institutions of higher education, by | 0022| resolution, to be excluded from coverage under the Retiree | 0023| Health Care Act; that determination shall be subject to the | 0024| following conditions: | 0025| (1) any contributions paid into the fund by a | 0001| municipality, county or institution of higher education that | 0002| exercises timely an irrevocable option not to participate in | 0003| the Retiree Health Care Act under this subsection shall be | 0004| returned without interest to that municipality, county or | 0005| institution of higher education for return of the employee | 0006| contributions to the employees and for crediting of the | 0007| employer contributions to the appropriate fund of the | 0008| municipality, county or institution of higher education. If | 0009| the determination to be excluded from coverage is exercised by | 0010| a municipality, county or institution of higher education prior | 0011| to July 1, 1990, then that municipality, county or institution | 0012| of higher education shall not be required to make the | 0013| contributions that would otherwise be required by Section 10- | 0014| 7C-15 NMSA 1978; | 0015| (2) any municipality, county or institution of | 0016| higher education, in addition to complying with all other | 0017| required notice and public hearing or meeting requirements, | 0018| shall, no less than thirty days prior to the public hearing or | 0019| public meeting on a proposed ordinance or proposed resolution, | 0020| notify the authority of the public hearing or public meeting by | 0021| certified mail; and | 0022| (3) in the event that: | 0023| (a) the number of active employees | 0024| employed by municipalities contributing to the fund reaches a | 0025| number equaling sixty percent or more of all active employees | 0001| employed by all municipalities that are retirement system | 0002| employers, the municipal position on the board of the authority | 0003| shall be restored within sixty days of the date that percentage | 0004| is reached; provided, however, that if a municipality with a | 0005| population greater than one hundred thousand that is located in | 0006| a class A county exercises this option, then the sixty-percent | 0007| requirement shall be applied to the remaining municipalities | 0008| only; | 0009| (b) the number of active employees | 0010| employed by counties contributing to the fund reaches a number | 0011| equaling sixty percent or more of all active employees employed | 0012| by all counties that are retirement system employers, the | 0013| county position on the board of the authority shall be restored | 0014| within sixty days of the date that percentage is reached; | 0015| provided, however, that if a class A county exercises this | 0016| option, then the eighty-percent requirement shall be applied to | 0017| the remaining counties only; or | 0018| (c) the number of active employees | 0019| employed by institutions of higher learning contributing to the | 0020| fund reaches a number equaling seventy percent or more of all | 0021| active employees employed by an institution of higher education | 0022| contributing to the educational retirement fund, the | 0023| institution of higher education position on the board shall be | 0024| restored within sixty days of the date that percentage is | 0025| reached. | 0001| E. An independent public employer may become a | 0002| participating employer if that employer satisfies the | 0003| requirements imposed pursuant to Subsection M of Section | 0004| 10-7C-7 NMSA 1978 and if that employer also files with the | 0005| authority on or prior to January 1, 1991 or prior to July 1, | 0006| 1993 or July 1 of any year a written irrevocable election by | 0007| the governing body of that employer to participate in the | 0008| Retiree Health Care Act. Any such independent public employer | 0009| that chooses to become a participating employer after January | 0010| 1, 1993 shall begin making the appropriate preliminary | 0011| employer and employee contributions to the fund on the July 1 | 0012| immediately following the adoption of the ordinance or | 0013| resolution. On the following January 1, eligible retirees of | 0014| those participating employers and their eligible dependents | 0015| shall be eligible to receive group health insurance coverage | 0016| pursuant to the provisions of the Retiree Health Care Act. | 0017| F. Any other provisions of the Retiree Health Care | 0018| Act notwithstanding, retirees ~~[or active employees]~~ of | 0019| institutions of higher education participating in the Retiree | 0020| Health Care Act for whom those institutions of higher education | 0021| have existing plans, programs, policies or contracts for health | 0022| care benefits shall not be required to participate in the | 0023| Retiree Health Care Act ~~[nor shall employer or employee~~ | 0024| ~~contributions be made to the authority on their behalf]~~. | 0025| G. A municipality or county that enacted an | 0001| ordinance or an institution of higher education that enacted a | 0002| resolution prior to January 1, 1991 pursuant to Subsection D of | 0003| this section to be excluded from coverage under the Retiree | 0004| Health Care Act may ~~[enact]~~ become a participating employer | 0005| if that employer satisfies the requirements imposed pursuant to | 0006| Subsection M of Section 10-7C-7 NMSA 1978 and if that employer | 0007| also enacts an ordinance or resolution, as applicable, after a | 0008| public hearing and published notice of the hearing, prior to | 0009| July 1, 1993 or July 1 of any year to choose to become a | 0010| participating employer under the Retiree Health Care Act. Any | 0011| such municipality, county or institution of higher education | 0012| that chooses to become a participating employer after January | 0013| 1, 1993 shall begin making the appropriate preliminary | 0014| employer and employee contributions to the fund on the July 1 | 0015| immediately following the adoption of the ordinance or | 0016| resolution. On the following January 1, eligible retirees of | 0017| those participating employers and their eligible dependents | 0018| shall be eligible to receive group health insurance coverage | 0019| pursuant to the provisions of the Retiree Health Care Act." | 0020| Section 4. Section 10-7C-15 NMSA 1978 (being Laws 1990, | 0021| Chapter 6, Section 15) is amended to read: | 0022| "10-7C-15. RETIREE HEALTH CARE FUND CONTRIBUTIONS.-- | 0023| A. Following completion of the preliminary | 0024| contribution period, each participating employer for the | 0025| fiscal year beginning July 1, 1990 and thereafter shall make | 0001| contributions to the fund in the amount of one percent of each | 0002| participating employee's annual salary. | 0003| B. Following completion of the preliminary | 0004| contribution period, each participating employee as a | 0005| condition of employment for the fiscal year commencing July 1, | 0006| 1990 and thereafter shall contribute to the fund an employee | 0007| contribution in an amount equal to one-half of one percent of | 0008| the employee's salary. Each month, participating employers | 0009| shall deduct the contribution from the participating employee's | 0010| salary and shall remit it to the board as provided by any | 0011| procedures that the board may require. | 0012| C. A participating employer that fails to remit | 0013| before the tenth day after the last day of the month all | 0014| employer and employee deposits required by the Retiree Health | 0015| Care Act to be remitted by the employer for the month shall pay | 0016| to the fund, in addition to the deposits, interest on the | 0017| unpaid amounts at the rate of six percent per ~~[annum]~~ year | 0018| compounded monthly. | 0019| D. The employer and employee contributions shall be | 0020| paid in monthly installments based on the percent of payroll | 0021| certified by the employer. | 0022| E. Except in the case of erroneously made | 0023| contributions or as may be otherwise provided in Subsection D | 0024| of Section ~~[9 of the Retiree Health Care Act]~~ 10-7C-9 NMSA | 0025| 1978, contributions from participating employers and | 0001| participating employees shall become the property of the fund | 0002| on receipt by the board and shall not be refunded under any | 0003| circumstances, including termination of employment or | 0004| termination of the participating employer's operation or | 0005| participation in the Retiree Health Care Act. | 0006| F. Notwithstanding any other provision in the | 0007| Retiree Health Care Act and at the first session of the | 0008| legislature following July 1, 1995, the legislature shall | 0009| review and adjust the distribution pursuant to Section 7-1-6.1 | 0010| NMSA 1978 and the employer and employee contributions to the | 0011| authority in order to ~~[insure]~~ ensure the actuarial sound- | 0012| | 0013| ness of the benefits provided under the Retiree Health Care | 0014| Act." | 0015| Section 5. EMERGENCY.--It is necessary for the public | 0016| peace, health and safety that this act take effect immediately. | 0017| State of New Mexico | 0018| House of Representatives | 0019| | 0020| FORTY-THIRD LEGISLATURE | 0021| FIRST SESSION, 1997 | 0022| | 0023| | 0024| March 4, 1997 | 0025| | 0001| | 0002| Mr. Speaker: | 0003| | 0004| Your LABOR AND HUMAN RESOURCES COMMITTEE, to | 0005| whom has been referred | 0006| | 0007| HOUSE BILL 975 | 0008| | 0009| has had it under consideration and reports same with | 0010| recommendation that it DO PASS, amended as follows: | 0011| | 0012| 1. On page 1, line 14, after the semicolon insert | 0013| "PROVIDING FOR HEALTH CARE COVERAGE FOR DELAYED RETIREES;". | 0014| | 0015| 2. On page 2, between lines 16 and 17, insert the following | 0016| new subsection: | 0017| | 0018| "F. "delayed retiree" means a retiree who is receiving | 0019| a disability or normal retirement benefit from an eligible | 0020| participating employer and who, at the time of leaving the | 0021| employment of the eligible employer, was fully vested in that | 0022| employer's retirement program but was not yet eligible to receive | 0023| retirement benefits from that program;". | 0024| | 0025| 3. Reletter the succeeding subsections accordingly. | 0001| | 0002| 4. On page 7, line 7, strike "paragraph" and insert in lieu | 0003| thereof "subparagraph". | 0004| | 0005| 5. On page 7, line 14, strike "or". | 0006| | 0007| 6. On page 8, line 6, after the semicolon insert "or". | 0008| | 0009| 7. On page 8, between lines 6 and 7, insert the following | 0010| new subparagraph: | 0011| | 0012| "(d) is a delayed retiree;". | 0013| | 0014| 8. On page 11, line 14, before the comma, insert "for | 0015| delayed retirees effective July 1, 1997 and for eligible retirees | 0016| retiring on or after July 1, 1998". | 0017| | 0018| 9. On page 17, line 23, after "Act" insert "or a public | 0019| entity after January 1, 1997". | 0020| | 0021| 10. On page 18, line 5, after "county" insert ", public | 0022| entity"., | 0023| | 0024| and thence referred to the APPROPRIATIONS AND FINANCE | 0025| COMMITTEE. | 0001| | 0002| Respectfully submitted, | 0003| | 0004| | 0005| | 0006| | 0007| | 0008| Rick Miera, Chairman | 0009| | 0010| | 0011| Adopted Not Adopted | 0012| | 0013| (Chief Clerk) (Chief Clerk) | 0014| | 0015| Date | 0016| | 0017| The roll call vote was 7 For 0 Against | 0018| Yes: 7 | 0019| Excused: Marquardt | 0020| Absent: None | 0021| | 0022| | 0023| .117618.2 | 0024| G:\BILLTEXT\BILLW_97\H0975 State of New Mexico | 0025| House of Representatives | 0001| | 0002| FORTY-THIRD LEGISLATURE | 0003| FIRST SESSION, 1997 | 0004| | 0005| | 0006| March 8, 1997 | 0007| | 0008| | 0009| Mr. Speaker: | 0010| | 0011| Your APPROPRIATIONS AND FINANCE COMMITTEE, to | 0012| whom has been referred | 0013| | 0014| HOUSE BILL 975, as amended | 0015| | 0016| has had it under consideration and reports same with | 0017| recommendation that it DO PASS. | 0018| | 0019| Respectfully submitted, | 0020| | 0021| | 0022| | 0023| | 0024| | 0025| Max Coll, Chairman | 0001| | 0002| | 0003| Adopted Not Adopted | 0004| | 0005| (Chief Clerk) (Chief Clerk) | 0006| | 0007| Date | 0008| | 0009| The roll call vote was 14 For 0 Against | 0010| Yes: 14 | 0011| Excused: Garcia,M.H., Heaton, Marquardt | 0012| Absent: None | 0013| | 0014| | 0015| G:\BILLTEXT\BILLW_97\H0975 FORTY-THIRD LEGISLATURE | 0016| FIRST SESSION, 1997 | 0017| | 0018| | 0019| March 17, 1997 | 0020| Mr. President: | 0021| | 0022| Your PUBLIC AFFAIRS COMMITTEE, to whom has been | 0023| referred | 0024| | 0025| HOUSE BILL 975, as amended | 0001| | 0002| has had it under consideration and reports same with | 0003| recommendation that it DO PASS. | 0004| | 0005| Respectfully submitted, | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| __________________________________ | 0012| Shannon Robinson, Chairman | 0013| | 0014| | 0015| Adopted_______________________ Not | 0016| Adopted_______________________ | 0017| (Chief Clerk) (Chief Clerk) | 0018| | 0019| | 0020| Date ________________________ | 0021| | 0022| | 0023| | 0024| The roll call vote was 6 For 0 Against | 0025| Yes: 6 | 0001| No: 0 | 0002| Excused: Robinson, Rodarte, Vernon, | 0003| Absent: None | 0004| | 0005| | 0006| | 0007| | 0008| | 0009| H0975PA1 | 0010| | 0011| | 0012| |