2020 Georgia Code
Title 45 - Public Officers and Employees
Chapter 18 - Employees' Insurance and Benefits Plans
Article 1 - State Employees' Health Insurance Plan and Post-Employment Health Benefit Fund
Part 1 - State Employees' Health Insurance Plan
§ 45-18-14. Deductions From Compensation and Benefit Payments of Share of Cost of Coverage Under Plan of Employees; Payment of Contributions to Health Insurance Fund by Departments, Boards, and Agencies of State; Coverage of Employee Appealing Discharge

1. During any period in which an employee is covered under this part prior to the date of his or her retirement, there shall be withheld from each salary payment or other compensation of such employee, as his or her share of the cost of coverage under this plan, such portion of the premium or subscription charges under the terms of any contract or contracts issued in accordance with this part as may be established by the board. During any month in which benefits are being paid by the Employees' Retirement System of Georgia to an individual so covered under this program, contributions in the amounts prescribed by the board shall be deducted from such payments with the consent of the recipient. The various departments, boards, and agencies of the executive and judicial branches of state government shall contribute to the health insurance fund such portions of the cost of such benefits as may be established by the board and the Governor as funds become available in each department, board, and agency, in addition to an amount to be established by the board to defray the cost of administration and the state's portion of the cost of benefits payable for annuitants. The legislative fiscal officer shall contribute to the health insurance fund as an employer payment for and on behalf of all members of the General Assembly and its administrative and clerical personnel. The Prosecuting Attorneys' Council of the State of Georgia shall contribute to the fund as an employer payment for and on behalf of district attorneys, assistant district attorneys, and other paid state personnel appointed pursuant to Article 1 of Chapter 18 of Title 15. The Council of Superior Court Judges of Georgia shall contribute to the fund as an employer payment for and on behalf of secretaries and law clerks of the superior courts of the state. The amount of such contributions shall be such portions of the costs of such benefits as may be established by the board; and, in addition thereto, an amount to be established by the board shall be contributed to defray the costs of administration. The board shall determine whether such employer portion shall be determined based upon a percentage of the total outlay for personal services or determined on an amount per employee electing coverage under the plan based on the coverage elected, in accordance with the appropriation of funds.
2. If an employee has been eligible for coverage under the state health insurance plan for a period of ten years and is discharged from employment and the discharge is under appeal to the State Personnel Board, such employee shall be entitled to continue coverage by paying the employee contribution under the health insurance plan until the State Personnel Board has rendered a decision or for a period of six months, whichever is less.

(Ga. L. 1961, p. 147, § 11; Ga. L. 1962, p. 51, § 3; Ga. L. 1963, p. 277, § 2; Ga. L. 1970, p. 9, § 1; Ga. L. 1973, p. 332, § 1; Ga. L. 1976, p. 199, § 1; Ga. L. 1979, p. 667, § 3; Ga. L. 1981, p. 425, § 2; Ga. L. 1988, p. 413, § 1; Ga. L. 2005, p. 623, § 7/SB 284; Ga. L. 2008, p. 577, § 20/SB 396; Ga. L. 2010, p. 878, § 45/HB 1387.)

- For article surveying recent legislative and judicial developments regarding Georgia's insurance laws, see 31 Mercer L. Rev. 117 (1979).

OPINIONS OF THE ATTORNEY GENERAL

Maximum not mandatory charge.

- The State Personnel Board and the Governor, in their discretion, can assess any state department any amount for its employer contribution not to exceed 4 (now 5) percent of that department's "total outlay for personal services." That provision simply sets a maximum limit on the employer's contribution which may be charged. It does not mandate a 4 (now 5) percent across-the-board employer's contribution for all employees whether covered by health insurance or not. 1979 Op. Att'y Gen. No. 79-16.

- The statutory authority of the State Personnel Board and the Governor to set the employer contribution is no longer constrained by a percentage cap in general law. However, the authority is constrained by the health plan statute itself to require the board to set the contribution for the year within amounts made available by the appropriations act. 1989 Op. Att'y Gen. No. 89-3.

When the board sets the employer contribution, it must take into account the budget, which in June has been finalized by enactment of the new appropriations act. When the rate is set, employers in state government must pay it, but they know before the fiscal year commences that the rate will be, and it must be, consistent with the overall budget as set by the appropriations act. 1989 Op. Att'y Gen. No. 89-3.