0001| HOUSE BILL 434 | 0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998 | 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 BOARD OF THE RETIREE HEALTH CARE | 0014| AUTHORITY MORE DISCRETION IN SETTING CONTRIBUTION AND BENEFIT | 0015| LEVELS; 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 | - 1 - 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 | 0008| benefits; | 0009| D. "board" means the ~~[governing]~~ board of the | 0010| retiree health care authority; | 0011| E. "current retiree" means an eligible retiree who | 0012| is receiving a disability or normal retirement benefit under | 0013| the Educational Retirement Act, the Public Employees | 0014| Retirement Act, the Judicial Retirement Act, the Magistrate | 0015| Retirement Act ~~[the Retirement Reciprocity Act, the Judicial~~ | 0016| ~~Retirement Reciprocity Act]~~ or the Public Employees | 0017| Retirement Reciprocity Act or the retirement program of an | 0018| independent public employer on or before July 1, 1990; | 0019| F. "eligible dependent" means a person obtaining | 0020| retiree health care coverage based upon that person's | 0021| relationship to an eligible retiree as follows: | 0022| (1) a spouse; | 0023| (2) an unmarried child under the age of | 0024| nineteen who is: | 0025| (a) a natural child; | - 2 - 0001| (b) a legally adopted child; | 0002| (c) a stepchild living in the same | 0003| household who is primarily dependent on the eligible retiree | 0004| for maintenance and support; | 0005| (d) a child for whom the eligible | 0006| retiree is the legal guardian and who is primarily dependent | 0007| on the eligible retiree for maintenance and support, as long | 0008| as evidence of the guardianship is evidenced in a court order | 0009| or decree; or | 0010| (e) a foster child living in the same | 0011| household; | 0012| (3) a child described in Subparagraphs (a) | 0013| through (e) of Paragraph (2) of this subsection who is between | 0014| the ages of nineteen and twenty-five and is a full-time | 0015| student at an accredited educational institution, provided | 0016| that "full-time student" shall be a student enrolled in and | 0017| taking twelve or more semester hours or its equivalent contact | 0018| hours in primary, secondary, undergraduate or vocational | 0019| school or a student enrolled in and taking nine or more | 0020| semester hours or its equivalent contact hours in graduate | 0021| school; | 0022| (4) a dependent child over nineteen who is | 0023| wholly dependent on the eligible retiree for maintenance and | 0024| support and who is incapable of self-sustaining employment by | 0025| reason of mental retardation or physical handicap, provided | - 3 - 0001| that proof of incapacity and dependency shall be provided | 0002| within thirty-one days after the child reaches the limiting | 0003| age and at such times thereafter as may be required by the | 0004| board; | 0005| (5) a surviving spouse defined as follows: | 0006| (a) "surviving spouse" means the spouse | 0007| to whom a retiree was married at the time of death; or | 0008| (b) "surviving spouse" means the spouse | 0009| to whom a deceased vested active employee was married at the | 0010| time of death; or | 0011| (6) a surviving dependent child who is the | 0012| dependent child of a deceased eligible retiree whose other | 0013| parent is also deceased; | 0014| G. "eligible employer" means either: | 0015| (1) a "retirement system employer", which | 0016| means an institution of higher education, a school district or | 0017| other entity participating in the public school insurance | 0018| authority, a state agency, state court, magistrate court, | 0019| municipality, ~~[or]~~ county or public entity, each of which | 0020| is affiliated under or covered by the Educational Retirement | 0021| Act, the Public Employees Retirement Act, the Judicial | 0022| Retirement Act, ~~[or]~~ the Magistrate Retirement Act or the | 0023| Public Employees Retirement Reciprocity Act; or | 0024| (2) an "independent public employer", which | 0025| means a municipality, ~~[or]~~ county ~~[which]~~ or public | - 4 - 0001| entity that is not a retirement system employer; | 0002| H. "eligible retiree" means: | 0003| (1) a "nonsalaried eligible participating | 0004| entity governing authority member" who is a person who is not | 0005| a retiree and who: | 0006| (a) has served without salary as a | 0007| member of the governing authority of an employer eligible to | 0008| participate in the benefits of the Retiree Health Care Act and | 0009| is certified to be such by the ~~[executive]~~ director of the | 0010| public school insurance authority; | 0011| (b) has maintained group health | 0012| insurance coverage through that member's governing authority | 0013| if such group health insurance coverage was available and | 0014| offered to the member during the member's service as a member | 0015| of the governing authority; and | 0016| (c) was participating in the group | 0017| health insurance program under the Retiree Health Care Act | 0018| prior to July 1, 1993; or | 0019| (d) if a person eligible under | 0020| Subparagraph (a) of this paragraph applies before August 1, | 0021| 1993 to the authority to participate in the program, then he | 0022| will be eligible to participate notwithstanding the provisions | 0023| of Subparagraphs (b) and (c) of this paragraph; | 0024| (2) a "salaried eligible participating entity | 0025| governing authority member" who is a person who is not a | - 5 - 0001| retiree and who: | 0002| (a) has served with salary as a member | 0003| of the governing authority of an employer eligible to | 0004| participate in the benefits of the Retiree Health Care Act; | 0005| (b) has maintained group health | 0006| insurance through that member's governing authority, if such | 0007| group health insurance was available and offered to the member | 0008| during the member's service as a member of the governing | 0009| authority; and | 0010| (c) was participating in the group | 0011| health insurance program under the Retiree Health Care Act | 0012| prior to July 1, 1993; or | 0013| (d) if a person eligible under | 0014| Subparagraph (a) of this paragraph applies before August 1, | 0015| 1993 to the authority to participate in the program, then he | 0016| will be eligible to participate notwithstanding the provisions | 0017| of Subparagraphs (b) and (c) of this paragraph; or | 0018| (3) an "eligible participating retiree" who | 0019| is a person who: | 0020| (a) falls within the definition of a | 0021| retiree, has made contributions to the fund for at least five | 0022| years prior to retirement and whose eligible employer during | 0023| that period of time made contributions as a participant in the | 0024| Retiree Health Care Act on the person's behalf, unless that | 0025| person retires on or before July 1, 1995, in which event the | - 6 - 0001| time period required for employee and employer contributions | 0002| shall become the period of time between July 1, 1990 and the | 0003| date of retirement, and who is certified to be a retiree by | 0004| the educational retirement director, the executive secretary | 0005| of the public employees retirement board or the governing | 0006| authority of an independent public employer; | 0007| (b) falls within the definition of a | 0008| retiree, retired prior to July 1, 1990 and is certified to be | 0009| a retiree by the educational retirement director, the | 0010| executive secretary of the public employees retirement | 0011| ~~[association]~~ board or the governing authority or of an | 0012| independent public employer; but this paragraph does not | 0013| include a retiree who was an employee of an eligible employer | 0014| who exercised the option not to be a participating employer | 0015| pursuant to the Retiree Health Care Act and did not after | 0016| January 1, 1993 elect to become a participating employer; | 0017| unless the retiree: 1) retired on or before June 30, 1990; | 0018| and 2) at the time of retirement did not have a retirement | 0019| health plan or retirement health insurance coverage available | 0020| from his employer; or | 0021| (c) is a retiree who: 1) was at the | 0022| time of retirement an employee of an eligible employer who | 0023| exercised the option not to be a participating employer | 0024| pursuant to the Retiree Health Care Act, but which eligible | 0025| employer subsequently elected after January 1, 1993 to become | - 7 - 0001| a participating employer; 2) has made contributions to the | 0002| fund for at least five years prior to retirement and whose | 0003| eligible employer during that period of time made | 0004| contributions as a participant in the Retiree Health Care Act | 0005| on the person's behalf, unless that person retires less than | 0006| five years after the date participation begins, in which event | 0007| the time period required for employee and employer | 0008| contributions shall become the period of time between the date | 0009| participation begins and the date of retirement; and 3) is | 0010| certified to be a retiree by the educational retirement | 0011| director, the executive secretary of the public employees | 0012| retirement board or the governing authority of an independent | 0013| public employer; | 0014| I. "fund" means the retiree health care fund; | 0015| J. "group health insurance" means coverage that | 0016| includes but is not limited to life insurance, accidental | 0017| death and dismemberment, hospital care and benefits, surgical | 0018| care and treatment, medical care and treatment, dental care, | 0019| eye care, obstetrical benefits, prescribed drugs, medicines | 0020| and prosthetic devices, medicare supplement, medicare | 0021| carveout, medicare coordination and other benefits, supplies | 0022| and services through the vehicles of indemnity coverages, | 0023| health maintenance organizations, preferred provider | 0024| organizations and other health care delivery systems as | 0025| provided by the Retiree Health Care Act and other coverages | - 8 - 0001| considered by the board to be advisable; | 0002| K. "ineligible dependents" include but are not | 0003| limited to: | 0004| (1) those dependents created by common law | 0005| relationships; | 0006| (2) dependents while in active military | 0007| service; | 0008| (3) parents, aunts, uncles, brothers, | 0009| sisters, grandchildren and other family members left in the | 0010| care of an eligible retiree without evidence of legal | 0011| guardianship; and | 0012| (4) anyone not specifically referred to as an | 0013| eligible dependent pursuant to the rules ~~[and regulations]~~ | 0014| adopted by the board; | 0015| L. "participating employee" means an employee of a | 0016| participating employer, which employee has not been excluded | 0017| from participation in the Retiree Health Care Act pursuant to | 0018| ~~[Subsection F of Section 10-7C-9 NMSA 1978 or]~~ Section | 0019| 10-7C-10 NMSA 1978; | 0020| M. "participating employer" means an eligible | 0021| employer who has satisfied the conditions for participating in | 0022| the benefits of the Retiree Health Care Act, including the | 0023| requirements of Subsection M of Section 10-7C-7 NMSA 1978 and | 0024| Subsection D, ~~[or]~~ E or G of Section 10-7C-9 NMSA 1978, as | 0025| applicable; ~~[and]~~ | - 9 - 0001| N. "public entity" means a flood control | 0002| authority, economic development district, council of | 0003| governments, regional housing authority, conservancy district | 0004| or other special district or special purpose government; and | 0005| ~~[N.]~~ O. "retiree" means a person who: | 0006| (1) is receiving: | 0007| (a) a disability or normal retirement | 0008| benefit or survivor's benefit under the Educational Retirement | 0009| Act; | 0010| (b) a disability or normal retirement | 0011| benefit or survivor's benefit pursuant to the Public Employees | 0012| Retirement Act, the Judicial Retirement Act, the Magistrate | 0013| Retirement Act or the ~~[Retirement Reciprocity Act or the~~ | 0014| ~~Judicial Retirement Reciprocity Act]~~ Public Employees | 0015| Retirement Reciprocity Act; or | 0016| (c) a disability or normal retirement | 0017| benefit or survivor's benefit pursuant to the retirement | 0018| program of an independent public employer to which that | 0019| employer has made periodic contributions; or | 0020| (2) is not receiving a survivor's benefit but | 0021| is the eligible dependent of a person who received a | 0022| disability or normal retirement benefit pursuant to the | 0023| Educational Retirement Act, ~~[or]~~ the Public Employees | 0024| Retirement Act, the Judicial Retirement Act, the Magistrate | 0025| Retirement Act or the Public Employees Retirement Reciprocity | - 10 - 0001| Act." | 0002| Section 2. Section 10-7C-7 NMSA 1978 (being Laws 1990, | 0003| Chapter 6, Section 7, as amended) is amended to read: | 0004| "10-7C-7. BOARD--DUTIES.--In order to achieve the | 0005| purposes of the Retiree Health Care Act, the board may take | 0006| all actions reasonably necessary to implement that act, | 0007| including but not limited to the following: | 0008| A. employ or contract for the services of the | 0009| state fiscal agent or select its own fiscal agent in | 0010| accordance with the Procurement Code; | 0011| B. employ or contract for persons to assist it in | 0012| carrying out the Retiree Health Care Act and determine the | 0013| duties and compensation of these employees; | 0014| C. collect and disburse funds; | 0015| D. collect all current and historical claims and | 0016| financial information necessary for effective procurement of | 0017| lines of insurance coverage; | 0018| E. promulgate and adopt necessary rules | 0019| ~~[regulations]~~ and procedures for implementation of the | 0020| Retiree Health Care Act; | 0021| F. negotiate insurance policies covering | 0022| additional or lesser benefits as determined appropriate by the | 0023| board and, at the board's discretion, determine various | 0024| benefit levels based on retirees' accumulated years of | 0025| credited service, but the board shall maintain all coverage | - 11 - 0001| as required by federal or state law for each eligible retiree. | 0002| In the event it is practical to wholly self-insure part or all | 0003| of the retiree health care coverages, the board may do so; | 0004| G. procure group health care and other coverages | 0005| authorized by the Retiree Health Care Act in accordance with | 0006| the Procurement Code and the Health Care Purchasing Act; | 0007| H. establish the procedures for contributions and | 0008| deductions; | 0009| I. determine methods and procedures for claims | 0010| administration; | 0011| J. administer the fund; | 0012| K. contract for and make available to all eligible | 0013| retirees and eligible dependents basic and optional group | 0014| health insurance plans. The optional coverage may include a | 0015| lower deductible, lower coinsurance or additional categories | 0016| of benefits permitted under this section and all other | 0017| applicable sections of the Retiree Health Care Act to provide | 0018| additional levels of coverages and benefits. Any additional | 0019| contributions for these optional plans shall be paid for by | 0020| the eligible retiree or eligible dependent. The coverage | 0021| provided by the plans shall be secondary to all other benefit | 0022| coverages to which the eligible retiree or eligible dependent | 0023| is entitled. In the event a covered eligible retiree becomes | 0024| employed by an employer offering its employees a basic plan of | 0025| benefits, the coverage provided by the plan under the Retiree | - 12 - 0001| Health Care Act shall be secondary to such coverage regardless | 0002| of whether the employee enrolls in that employer's plan. In | 0003| the event the eligible retiree or eligible dependent is | 0004| entitled to receive medicare hospital insurance benefits at no | 0005| charge, then the coverage provided by the plan under the | 0006| Retiree Health Care Act shall be secondary to medicare | 0007| hospital and medical insurance to the extent permitted by | 0008| federal law; | 0009| L. provide, at its discretion, different plans for | 0010| eligible retirees and eligible dependents covered by medicare | 0011| than the plans provided for eligible retirees and eligible | 0012| dependents who are not covered by medicare; and | 0013| M. promulgate and adopt rules ~~[and regulations]~~ | 0014| governing eligibility, participation, enrollment, length of | 0015| service and any other conditions or requirements for providing | 0016| substantially equal treatment to participating employers who | 0017| are independent public employers and their retirees and | 0018| participating employees." | 0019| Section 3. Section 10-7C-9 NMSA 1978 (being Laws 1990, | 0020| Chapter 6, Section 9, as amended) is amended to read: | 0021| "10-7C-9. PARTICIPATION.-- | 0022| A. All eligible employers shall participate in the | 0023| Retiree Health Care Act except as provided in Subsection D or | 0024| ~~[Subsection]~~ E of this section. Participating employers are | 0025| required to continue existing group health insurance coverages | - 13 - 0001| until such time as similar coverages are offered by the board | 0002| under the Retiree Health Care Act. | 0003| B. Participation in the basic health insurance | 0004| coverages provided by the authority shall be conditioned upon | 0005| receipt by the board of a certificate of eligibility from the | 0006| educational retirement director, the executive secretary of | 0007| the public employees retirement association, the ~~[executive]~~ | 0008| director of the public school insurance authority or the | 0009| governing body of an independent public employer. Once | 0010| eligibility is established, for each eligible retiree who | 0011| retires on or after ~~[the effective date of the Retiree Health~~ | 0012| ~~Care Act]~~ February 13, 1990, the board shall contribute | 0013| from money in the fund the authority's portion of the premium | 0014| for the basic plan of benefits commencing no earlier than | 0015| January 1, 1991, plus the balance of the premium, which shall | 0016| be collected from the retiree. | 0017| C. Each eligible retiree shall accept or reject | 0018| enrollment in the basic plan of benefits on an enrollment form | 0019| provided by the board. An eligible retiree who rejects | 0020| enrollment or fails to return a properly executed enrollment | 0021| form within the open enrollment period as established by the | 0022| board forfeits all entitlement and eligibility for benefits | 0023| under the Retiree Health Care Act until the next open | 0024| enrollment period as established by the board. | 0025| D. On or before January 1, 1991, municipalities, | - 14 - 0001| counties and institutions of higher education that are | 0002| retirement system employers may at their option determine by | 0003| ordinance, or for institutions of higher education, by | 0004| resolution, to be excluded from coverage under the Retiree | 0005| Health Care Act; that determination shall be subject to the | 0006| following conditions: | 0007| (1) any contributions paid into the fund by a | 0008| municipality, county or institution of higher education that | 0009| exercises timely an irrevocable option not to participate in | 0010| the Retiree Health Care Act under this subsection shall be | 0011| returned without interest to that municipality, county or | 0012| institution of higher education for return of the employee | 0013| contributions to the employees and for crediting of the | 0014| employer contributions to the appropriate fund of the | 0015| municipality, county or institution of higher education. If | 0016| the determination to be excluded from coverage is exercised by | 0017| a municipality, county or institution of higher education | 0018| prior to July 1, 1990, then that municipality, county or | 0019| institution of higher education shall not be required to make | 0020| the contributions that would otherwise be required by Section | 0021| 10-7C-15 NMSA 1978; | 0022| (2) any municipality, county or institution | 0023| of higher education, in addition to complying with all other | 0024| required notice and public hearing or meeting requirements, | 0025| shall, no less than thirty days prior to the public hearing or | - 15 - 0001| public meeting on a proposed ordinance or proposed resolution, | 0002| notify the authority of the public hearing or public meeting | 0003| by certified mail; and | 0004| (3) in the event that: | 0005| (a) the number of active employees | 0006| employed by municipalities contributing to the fund reaches a | 0007| number equaling sixty percent or more of all active employees | 0008| employed by all municipalities that are retirement system | 0009| employers, the municipal position on the board of the | 0010| authority shall be restored within sixty days of the date that | 0011| percentage is reached; provided, however, that if a | 0012| municipality with a population greater than one hundred | 0013| thousand that is located in a class A county exercises this | 0014| option, then the sixty-percent requirement shall be applied to | 0015| the remaining municipalities only; | 0016| (b) the number of active employees | 0017| employed by counties contributing to the fund reaches a number | 0018| equaling sixty percent or more of all active employees | 0019| employed by all counties that are retirement system employers, | 0020| the county position on the board of the authority shall be | 0021| restored within sixty days of the date that percentage is | 0022| reached; provided, however, that if a class A county exercises | 0023| this option, then the eighty-percent requirement shall be | 0024| applied to the remaining counties only; or | 0025| (c) the number of active employees | - 16 - 0001| employed by institutions of higher ~~[learning]~~ education | 0002| contributing to the fund reaches a number equaling seventy | 0003| percent or more of all active employees employed by an | 0004| institution of higher education contributing to the | 0005| educational retirement fund, the institution of higher | 0006| education position on the board shall be restored within sixty | 0007| days of the date that percentage is reached. | 0008| E. An independent public employer may become a | 0009| participating employer if that employer satisfies the | 0010| requirements imposed pursuant to Subsection M of Section | 0011| 10-7C-7 NMSA 1978 and if that employer also files with the | 0012| authority on or prior to January 1, 1991 or prior to July 1, | 0013| 1993 or July 1 of any year a written irrevocable election by | 0014| the governing body of that employer to participate in the | 0015| Retiree Health Care Act. Any such independent public employer | 0016| that chooses to become a participating employer after January | 0017| 1, 1993 shall begin making the appropriate preliminary | 0018| employer and employee contributions to the fund on the July 1 | 0019| immediately following the adoption of the ordinance or | 0020| resolution. On the following January 1, eligible retirees of | 0021| those participating employers and their eligible dependents | 0022| shall be eligible to receive group health insurance coverage | 0023| pursuant to the provisions of the Retiree Health Care Act. | 0024| F. Any other provisions of the Retiree Health Care | 0025| Act notwithstanding, retirees ~~[or active employees]~~ of | - 17 - 0001| institutions of higher education participating in the Retiree | 0002| Health Care Act for whom those institutions of higher | 0003| education have existing plans, programs, policies or contracts | 0004| for health care benefits shall not be required to participate | 0005| in the Retiree Health Care Act ~~[nor shall employer or~~ | 0006| ~~employee contributions be made to the authority on their~~ | 0007| ~~behalf]~~. | 0008| G. A municipality or county that enacted an | 0009| ordinance or an institution of higher education that enacted a | 0010| resolution prior to January 1, 1991 pursuant to Subsection D | 0011| of this section to be excluded from coverage under the Retiree | 0012| Health Care Act may ~~[enact]~~ become a participating employer | 0013| if that employer satisfies the requirements imposed pursuant | 0014| to Subsection M of Section 10-7C-7 NMSA 1978 and if that | 0015| employer also enacts an ordinance or resolution, as | 0016| applicable, after a public hearing and published notice of the | 0017| hearing, prior to July 1, 1993 or July 1 of any year to choose | 0018| to become a participating employer under the Retiree Health | 0019| Care Act. Any such municipality, county or institution of | 0020| higher education that chooses to become a participating | 0021| employer after January 1, 1993 shall begin making the | 0022| appropriate preliminary employer and employee contributions | 0023| to the fund on the July 1 immediately following the adoption | 0024| of the ordinance or resolution. On the following January 1, | 0025| eligible retirees of those participating employers and their | - 18 - 0001| eligible dependents shall be eligible to receive group health | 0002| insurance coverage pursuant to the provisions of the Retiree | 0003| Health Care Act." | 0004| Section 4. Section 10-7C-15 NMSA 1978 (being Laws 1990, | 0005| Chapter 6, Section 15) is amended to read: | 0006| "10-7C-15. RETIREE HEALTH CARE FUND CONTRIBUTIONS.-- | 0007| A. Following completion of the preliminary | 0008| contribution period, each participating employer for the | 0009| fiscal year beginning July 1, 1990 and thereafter shall make | 0010| contributions to the fund in the amount of one percent of each | 0011| participating employee's annual salary. | 0012| B. Following completion of the preliminary | 0013| contribution period, each participating employee as a | 0014| condition of employment for the fiscal year commencing July 1, | 0015| 1990 and thereafter shall contribute to the fund an employee | 0016| contribution in an amount equal to one-half of one percent of | 0017| the employee's salary. Each month, participating employers | 0018| shall deduct the contribution from the participating | 0019| employee's salary and shall remit it to the board as provided | 0020| by any procedures that the board may require. | 0021| C. A participating employer that fails to remit | 0022| before the tenth day after the last day of the month all | 0023| employer and employee deposits required by the Retiree Health | 0024| Care Act to be remitted by the employer for the month shall | 0025| pay to the fund, in addition to the deposits, interest on the | - 19 - 0001| unpaid amounts at the rate of six percent per ~~[annum]~~ year | 0002| compounded monthly. | 0003| D. The employer and employee contributions shall | 0004| be paid in monthly installments based on the percent of | 0005| payroll certified by the employer. | 0006| E. Except in the case of erroneously made | 0007| contributions or as may be otherwise provided in Subsection D | 0008| of Section ~~[9 of the Retiree Health Care Act]~~ 10-7C-9 NMSA | 0009| 1978, contributions from participating employers and | 0010| participating employees shall become the property of the fund | 0011| on receipt by the board and shall not be refunded under any | 0012| circumstances, including termination of employment or | 0013| termination of the participating employer's operation or | 0014| participation in the Retiree Health Care Act. | 0015| F. Notwithstanding any other provision in the | 0016| Retiree Health Care Act and at the first session of the | 0017| legislature following July 1, 1995, the legislature shall | 0018| review and adjust the distribution pursuant to Section 7-1-6.1 | 0019| NMSA 1978 and the employer and employee contributions to the | 0020| authority in order to ~~[insure]~~ ensure the actuarial | 0021| soundness of the benefits provided under the Retiree Health | 0022| Care Act." | 0023| Section 5. EMERGENCY.--It is necessary for the public | 0024| peace, health and safety that this act take effect | 0025| immediately. | - 20 - 0001| |