Session employees/PEBB

AN ACT Relating to coverage of legislative session employees in 1
the insurance programs offered by the public employees' benefits 2
board; amending RCW 41.05.065; and reenacting and amending RCW 3
41.05.011. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 41.05.011 and 2023 c 164 s 1, 2023 c 51 s 3, and 6
2023 c 13 s 2 are each reenacted and amended to read as follows:7
The definitions in this section apply throughout this chapter 8
unless the context clearly requires otherwise. 9
(1) "Authority" means the Washington state health care authority.10
(2) "Board" means the public employees' benefits board 11
established under RCW 41.05.055 and the school employees' benefits 12
board established under RCW 41.05.740. 13
(3) "Dependent care assistance program" means a benefit plan 14
whereby employees and school employees may pay for certain employment 15
related dependent care with pretax dollars as provided in the salary 16
reduction plan under this chapter pursuant to 26 U.S.C. Sec. 129 or 17
other sections of the internal revenue code. 18
(4) "Director" means the director of the authority.19
(5) "Emergency service personnel killed in the line of duty" 20
means law enforcement officers and firefighters as defined in RCW 21
H-0397.2
HOUSE BILL 1354
State of Washington 69th Legislature 2025 Regular Session
By Representatives Caldier, Simmons, Volz, Nance, Rude, Couture,
Marshall, Pollet, Griffey, Lekanoff, Ybarra, Bronoske, Orcutt, Low,
Berry, Rule, Farivar, Doglio, and Barnard
Read first time 01/16/25. Referred to Committee on Appropriations.
p. 1 HB 1354
41.26.030, members of the Washington state patrol retirement fund as 1
defined in RCW 43.43.120, and reserve officers and firefighters as 2
defined in RCW 41.24.010 who die as a result of injuries sustained in 3
the course of employment as determined consistent with Title 51 RCW 4
by the department of labor and industries. 5
(6)(a) "Employee" for the public employees' benefits board 6
program includes all employees of the state, whether or not covered 7
by civil service; elected and appointed officials of the executive 8
branch of government, including full-time members of boards, 9
commissions, or committees; justices of the supreme court and judges 10
of the court of appeals and the superior courts; and members of the 11
state legislature. Pursuant to contractual agreement with the 12
authority, "employee" may also include: (i) Employees of a county, 13
municipality, or other political subdivision of the state and members 14
of the legislative authority of any county, city, or town who are 15
elected to office after February 20, 1970, if the legislative 16
authority of the county, municipality, or other political subdivision 17
of the state submits application materials to the authority to 18
provide any of its insurance programs by contract with the authority, 19
as provided in RCW 41.04.205 and 41.05.021(1)(g); (ii) employees of 20
employee organizations representing state civil service employees, at 21
the option of each such employee organization; (iii) through December 22
31, 2019, employees of a school district if the authority agrees to 23
provide any of the school districts' insurance programs by contract 24
with the authority as provided in RCW 28A.400.350; (iv) employees of 25
a tribal government, if the governing body of the tribal government 26
seeks and receives the approval of the authority to provide any of 27
its insurance programs by contract with the authority, as provided in 28
RCW 41.05.021(1) (f) and (g); (v) employees of the Washington health 29
benefit exchange if the governing board of the exchange established 30
in RCW 43.71.020 seeks and receives approval of the authority to 31
provide any of its insurance programs by contract with the authority, 32
as provided in RCW 41.05.021(1) (g) and (n); and (vi) through 33
December 31, 2019, employees of a charter school established under 34
chapter 28A.710 RCW. "Employee" does not include: Adult family home 35
providers; unpaid volunteers; patients of state hospitals; inmates; 36
students of institutions of higher education as determined by their 37
institution; and any others not expressly defined as employees under 38
this chapter or by the authority under this chapter.39
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(b) Effective January 1, 2020, "school employee" for the school 1
employees' benefits board program includes: 2
(i) All employees of school districts and charter schools 3
established under chapter 28A.710 RCW; 4
(ii) Represented employees of educational service districts;5
(iii) Effective January 1, 2024, all employees of educational 6
service districts; and 7
(iv) Effective January 1, 2024, pursuant to contractual agreement 8
with the authority, "school employee" may also include: (A) Employees 9
of employee organizations representing school employees, at the 10
option of each such employee organization; and (B) employees of a 11
tribal school as defined in RCW 28A.715.010, if the governing body of 12
the tribal school seeks and receives the approval of the authority to 13
provide any of its insurance programs by contract with the authority, 14
as provided in RCW 41.05.021(1) (f) and (g). 15
(7) "Employee group" means employees of a similar employment 16
type, such as administrative, represented classified, nonrepresented 17
classified excluding such employees in educational service districts 18
until December 31, 2023, confidential, represented certificated, or 19
nonrepresented certificated excluding such employees in educational 20
service districts until December 31, 2023, within a school employees' 21
benefits board organization. 22
(8)(a) "Employer" for the public employees' benefits board 23
program means the state of Washington. 24
(b) "Employer" for the school employees' benefits board program 25
means school districts and educational service districts and charter 26
schools established under chapter 28A.710 RCW. 27
(9)(a) "Employer group" for the public employees' benefits board 28
program means those counties, municipalities, political subdivisions, 29
the Washington health benefit exchange, tribal governments, and 30
employee organizations representing state civil service employees 31
obtaining employee benefits through a contractual agreement with the 32
authority to participate in benefit plans developed by the public 33
employees' benefits board. 34
(b) "Employer group" for the school employees' benefits board 35
program means an employee organization representing school employees 36
and a tribal school as defined in RCW 28A.715.010, obtaining employee 37
benefits through a contractual agreement with the authority to 38
participate in benefit plans developed by the school employees' 39
benefits board. 40
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(10)(a) "Employing agency" for the public employees' benefits 1
board program means a division, department, or separate agency of 2
state government, including an institution of higher education; a 3
county, municipality, or other political subdivision; and a tribal 4
government covered by this chapter. 5
(b) "Employing agency" for the school employees' benefits board 6
program means school districts, educational service districts, and 7
charter schools. 8
(11) "Faculty" means an academic employee of an institution of 9
higher education whose workload is not defined by work hours but 10
whose appointment, workload, and duties directly serve the 11
institution's academic mission, as determined under the authority of 12
its enabling statutes, its governing body, and any applicable 13
collective bargaining agreement. 14
(12) "Flexible benefit plan" means a benefit plan that allows 15
public employees to choose the level of health care coverage provided 16
and the amount of employee or school employee contributions from 17
among a range of choices offered by the authority.18
(13) "Flexible spending arrangement" means a benefit plan whereby 19
public employees may reduce their salary before taxes to pay for 20
medical expenses not reimbursed by insurance as provided in the 21
salary reduction plan under this chapter pursuant to 26 U.S.C. Sec. 22
125 or other sections of the internal revenue code.23
(14) "Insuring entity" means an insurer as defined in chapter 24
48.01 RCW, a health care service contractor as defined in chapter 25
48.44 RCW, or a health maintenance organization as defined in chapter 26
48.46 RCW. 27
(15) "Legislative session employee" means an employee that is 28
hired to work by the Washington state legislature for the duration of 29
the regular legislative session for that year, and whose employment 30
may continue through any special legislative sessions.31
(16) "Participant" means an individual who fulfills the 32
eligibility and enrollment requirements under the salary reduction 33
plan. 34
(((16))) (17) "Plan year" means the time period established by 35
the authority. 36
(((17))) (18) "Premium payment plan" means a benefit plan whereby 37
public employees may pay their share of group health plan premiums 38
with pretax dollars as provided in the salary reduction plan under 39
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this chapter pursuant to 26 U.S.C. Sec. 125 or other sections of the 1
internal revenue code. 2
(((18))) (19) "Public employee" has the same meaning as employee 3
and school employee. 4
(((19))) (20) "Retired or disabled school employee" means:5
(a) Persons who separated from employment with a school district 6
or educational service district and are receiving a retirement 7
allowance under chapter 41.32 or 41.40 RCW as of September 30, 1993;8
(b) Persons who separate from employment with a school district, 9
educational service district, or charter school on or after October 10
1, 1993, and immediately upon separation receive a retirement 11
allowance under chapter 41.32, 41.35, or 41.40 RCW;12
(c) Persons who separate from employment with a school district, 13
educational service district, or charter school due to a total and 14
permanent disability, and are eligible to receive a deferred 15
retirement allowance under chapter 41.32, 41.35, or 41.40 RCW.16
(((20))) (21) "Salary" means a public employee's monthly salary 17
or wages. 18
(((21))) (22) "Salary reduction plan" means a benefit plan 19
whereby public employees may agree to a reduction of salary on a 20
pretax basis to participate in the dependent care assistance program, 21
flexible spending arrangement, or premium payment plan offered 22
pursuant to 26 U.S.C. Sec. 125 or other sections of the internal 23
revenue code. 24
(((22))) (23) "School employees' benefits board organization" 25
means a public school district or educational service district or 26
charter school established under chapter 28A.710 RCW that is required 27
to participate in benefit plans provided by the school employees' 28
benefits board. 29
(((23))) (24) "School year" means school year as defined in RCW 30
28A.150.203(11). 31
(((24))) (25) "Seasonal employee" means a state employee hired to 32
work during a recurring, annual season with a duration of three 33
months or more, and anticipated to return each season to perform 34
similar work. 35
(((25))) (26) "Separated employees" means persons who separate 36
from employment with an employer as defined in: 37
(a)(i) RCW 41.32.010(17) on or after July 1, 1996; or38
(ii) RCW 41.35.010 on or after September 1, 2000; or39
(iii) RCW 41.40.010 on or after March 1, 2002;40
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and who are at least age fifty-five and have at least ten years of 1
service under the teachers' retirement system plan 3 as defined in 2
RCW 41.32.010(33), the Washington school employees' retirement system 3
plan 3 as defined in RCW 41.35.010, or the public employees' 4
retirement system plan 3 as defined in RCW 41.40.010; or5
(b) For the purposes of RCW 41.05.080: 6
(i) RCW 41.32.010 on or after January 1, 2024; or7
(ii) RCW 41.35.010 on or after January 1, 2024; or8
(iii) RCW 41.40.010 on or after January 1, 2024; and who are at 9
least age 55 and have at least 20 years of service under the 10
teachers' retirement system plan 2 as defined in RCW 41.32.010, the 11
Washington school employees' retirement system plan 2 as defined in 12
RCW 41.35.010, or the public employees' retirement system plan 2 as 13
defined in RCW 41.40.010. 14
(((26))) (27) "State purchased health care" or "health care" 15
means medical and behavioral health care, pharmaceuticals, and 16
medical equipment purchased with state and federal funds by the 17
department of social and health services, the department of health, 18
the basic health plan, the state health care authority, the 19
department of labor and industries, the department of corrections, 20
the department of veterans affairs, and local school districts.21
(((27))) (28) "Tribal government" means an Indian tribal 22
government as defined in section 3 (32) of the employee retirement 23
income security act of 1974, as amended, or an agency or 24
instrumentality of the tribal government, that has government offices 25
principally located in this state. 26
Sec. 2. RCW 41.05.065 and 2018 c 260 s 12 are each amended to 27
read as follows: 28
(1) The public employees' benefits board shall study all matters 29
connected with the provision of health care coverage, life insurance, 30
liability insurance, accidental death and dismemberment insurance, 31
and disability income insurance or any of, or a combination of, the 32
enumerated types of insurance for employees and their dependents on 33
the best basis possible with relation both to the welfare of the 34
employees and to the state. However, liability insurance shall not be 35
made available to dependents. 36
(2) The public employees' benefits board shall develop employee 37
benefit plans that include comprehensive health care benefits for 38
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employees. In developing these plans, the public employees' benefits 1
board shall consider the following elements: 2
(a) Methods of maximizing cost containment while ensuring access 3
to quality health care; 4
(b) Development of provider arrangements that encourage cost 5
containment and ensure access to quality care, including but not 6
limited to prepaid delivery systems and prospective payment methods;7
(c) Wellness incentives that focus on proven strategies, such as 8
smoking cessation, injury and accident prevention, reduction of 9
alcohol misuse, appropriate weight reduction, exercise, automobile 10
and motorcycle safety, blood cholesterol reduction, and nutrition 11
education; 12
(d) Utilization review procedures including, but not limited to a 13
cost-efficient method for prior authorization of services, hospital 14
inpatient length of stay review, requirements for use of outpatient 15
surgeries and second opinions for surgeries, review of invoices or 16
claims submitted by service providers, and performance audit of 17
providers; 18
(e) Effective coordination of benefits; and 19
(f) Minimum standards for insuring entities. 20
(3) To maintain the comprehensive nature of employee health care 21
benefits, benefits provided to employees shall be substantially 22
equivalent to the state employees' health benefit plan in effect on 23
January 1, 1993. Nothing in this subsection shall prohibit changes or 24
increases in employee point-of-service payments or employee premium 25
payments for benefits or the administration of a high deductible 26
health plan in conjunction with a health savings account. The public 27
employees' benefits board may establish employee eligibility criteria 28
which are not substantially equivalent to employee eligibility 29
criteria in effect on January 1, 1993. 30
(4) Except if bargained for under chapter 41.80 RCW, the public 31
employees' benefits board shall design benefits and determine the 32
terms and conditions of employee and retired or disabled school 33
employee participation and coverage, including establishment of 34
eligibility criteria subject to the requirements of this chapter. 35
Employer groups obtaining benefits through contractual agreement with 36
the authority for employees defined in RCW 41.05.011(6)(a) (i) 37
through (vi) may contractually agree with the authority to benefits 38
eligibility criteria which differs from that determined by the public 39
employees' benefits board. The eligibility criteria established by 40
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the public employees' benefits board shall be no more restrictive 1
than the following: 2
(a) Except as provided in (b) through (e) of this subsection, an 3
employee is eligible for benefits from the date of employment if the 4
employing agency anticipates he or she will work an average of at 5
least eighty hours per month and for at least eight hours in each 6
month for more than six consecutive months. An employee determined 7
ineligible for benefits at the beginning of his or her employment 8
shall become eligible in the following circumstances:9
(i) An employee who works an average of at least eighty hours per 10
month and for at least eight hours in each month and whose 11
anticipated duration of employment is revised from less than or equal 12
to six consecutive months to more than six consecutive months becomes 13
eligible when the revision is made. 14
(ii) An employee who works an average of at least eighty hours 15
per month over a period of six consecutive months and for at least 16
eight hours in each of those six consecutive months becomes eligible 17
at the first of the month following the six-month averaging period.18
(b) A seasonal employee is eligible for benefits from the date of 19
employment if the employing agency anticipates that he or she will 20
work an average of at least eighty hours per month and for at least 21
eight hours in each month of the season. A seasonal employee 22
determined ineligible at the beginning of his or her employment who 23
works an average of at least eighty hours per month over a period of 24
six consecutive months and at least eight hours in each of those six 25
consecutive months becomes eligible at the first of the month 26
following the six-month averaging period. A benefits-eligible 27
seasonal employee who works a season of less than nine months shall 28
not be eligible for the employer contribution during the off season, 29
but may continue enrollment in benefits during the off season by 30
self-paying for the benefits. A benefits-eligible seasonal employee 31
who works a season of nine months or more is eligible for the 32
employer contribution through the off season following each season 33
worked. 34
(c) Faculty are eligible as follows: 35
(i) Faculty who the employing agency anticipates will work half–36
time or more for the entire instructional year or equivalent nine-37
month period are eligible for benefits from the date of employment. 38
Eligibility shall continue until the beginning of the first full 39
month of the next instructional year, unless the employment 40
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relationship is terminated, in which case eligibility shall cease the 1
first month following the notice of termination or the effective date 2
of the termination, whichever is later. 3
(ii) Faculty who the employing agency anticipates will not work 4
for the entire instructional year or equivalent nine-month period are 5
eligible for benefits at the beginning of the second consecutive 6
quarter or semester of employment in which he or she is anticipated 7
to work, or has actually worked, half-time or more. Such an employee 8
shall continue to receive uninterrupted employer contributions for 9
benefits if the employee works at least half-time in a quarter or 10
semester. Faculty who the employing agency anticipates will not work 11
for the entire instructional year or equivalent nine-month period, 12
but who actually work half-time or more throughout the entire 13
instructional year, are eligible for summer or off-quarter or off-14
semester coverage. Faculty who have met the criteria of this 15
subsection (4)(c)(ii), who work at least two quarters or two 16
semesters of the academic year with an average academic year workload 17
of half-time or more for three quarters or two semesters of the 18
academic year, and who have worked an average of half-time or more in 19
each of the two preceding academic years shall continue to receive 20
uninterrupted employer contributions for benefits if he or she works 21
at least half-time in a quarter or semester or works two quarters or 22
two semesters of the academic year with an average academic workload 23
each academic year of half-time or more for three quarters or two 24
semesters. Eligibility under this section ceases immediately if this 25
criteria is not met. 26
(iii) Faculty may establish or maintain eligibility for benefits 27
by working for more than one institution of higher education. When 28
faculty work for more than one institution of higher education, those 29
institutions shall prorate the employer contribution costs, or if 30
eligibility is reached through one institution, that institution will 31
pay the full employer contribution. Faculty working for more than one 32
institution must alert his or her employers to his or her potential 33
eligibility in order to establish eligibility. 34
(iv) The employing agency must provide written notice to faculty 35
who are potentially eligible for benefits under this subsection 36
(4)(c) of their potential eligibility. 37
(v) To be eligible for maintenance of benefits through averaging 38
under (c)(ii) of this subsection, faculty must provide written 39
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notification to his or her employing agency or agencies of his or her 1
potential eligibility. 2
(vi) For the purposes of this subsection (4)(c):3
(A) "Academic year" means summer, fall, winter, and spring 4
quarters or summer, fall, and spring semesters; 5
(B) "Half-time" means one-half of the full-time academic workload 6
as determined by each institution; except that for community and 7
technical college faculty, half-time academic workload is calculated 8
according to RCW 28B.50.489. 9
(d)(i) A legislator is eligible for benefits on the date his or 10
her term begins. All other elected and full-time appointed officials 11
of the legislative and executive branches of state government are 12
eligible for benefits on the date his or her term begins or they take 13
the oath of office, whichever occurs first. 14
(ii) A legislative session employee is eligible on the date his 15
or her employment for the legislative session begins and will receive 16
uninterrupted employer contributions for benefits until the final day 17
of the month in which the next regular legislative session begins.18
(e) A justice of the supreme court and judges of the court of 19
appeals and the superior courts become eligible for benefits on the 20
date he or she takes the oath of office. 21
(f) Except as provided in (c)(i) and (ii) of this subsection, 22
eligibility ceases for any employee the first of the month following 23
termination of the employment relationship. 24
(g) In determining eligibility under this section, the employing 25
agency may disregard training hours, standby hours, or temporary 26
changes in work hours as determined by the authority under this 27
section. 28
(h) Insurance coverage for all eligible employees begins on the 29
first day of the month following the date when eligibility for 30
benefits is established. If the date eligibility is established is 31
the first working day of a month, insurance coverage begins on that 32
date. 33
(i) Eligibility for an employee whose work circumstances are 34
described by more than one of the eligibility categories in (a) 35
through (e) of this subsection shall be determined solely by the 36
criteria of the category that most closely describes the employee's 37
work circumstances. 38
(j) Except for an employee eligible for benefits under (b) or 39
(c)(ii) of this subsection, an employee who has established 40
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eligibility for benefits under this section shall remain eligible for 1
benefits each month in which he or she is in pay status for eight or 2
more hours, if (i) he or she remains in a benefits-eligible position 3
and (ii) leave from the benefits-eligible position is approved by the 4
employing agency. A benefits-eligible seasonal employee is eligible 5
for the employer contribution in any month of his or her season in 6
which he or she is in pay status eight or more hours during that 7
month. Eligibility ends if these conditions are not met, the 8
employment relationship is terminated, or the employee voluntarily 9
transfers to a noneligible position. 10
(k) For the purposes of this subsection, the public employees' 11
benefits board shall define "benefits-eligible position."12
(5) The public employees' benefits board may authorize premium 13
contributions for an employee and the employee's dependents in a 14
manner that encourages the use of cost-efficient managed health care 15
systems. 16
(6)(a) For any open enrollment period following August 24, 2011, 17
the public employees' benefits board shall offer a health savings 18
account option for employees that conforms to section 223, Part VII 19
of subchapter B of chapter 1 of the internal revenue code of 1986. 20
The public employees' benefits board shall comply with all applicable 21
federal standards related to the establishment of health savings 22
accounts. 23
(b) By November 30, 2015, and each year thereafter, the authority 24
shall submit a report to the relevant legislative policy and fiscal 25
committees that includes the following: 26
(i) Public employees' benefits board health plan cost and service 27
utilization trends for the previous three years, in total and for 28
each health plan offered to employees; 29
(ii) For each health plan offered to employees, the number and 30
percentage of employees and dependents enrolled in the plan, and the 31
age and gender demographics of enrollees in each plan;32
(iii) Any impact of enrollment in alternatives to the most 33
comprehensive plan, including the high deductible health plan with a 34
health savings account, upon the cost of health benefits for those 35
employees who have chosen to remain enrolled in the most 36
comprehensive plan. 37
(7) Notwithstanding any other provision of this chapter, for any 38
open enrollment period following August 24, 2011, the public 39
employees' benefits board shall offer a high deductible health plan 40
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in conjunction with a health savings account developed under 1
subsection (6) of this section. 2
(8) Employees shall choose participation in one of the health 3
care benefit plans developed by the public employees' benefits board 4
and may be permitted to waive coverage under terms and conditions 5
established by the public employees' benefits board.6
(9) The public employees' benefits board shall review plans 7
proposed by insuring entities that desire to offer property insurance 8
and/or accident and casualty insurance to state employees through 9
payroll deduction. The public employees' benefits board may approve 10
any such plan for payroll deduction by insuring entities holding a 11
valid certificate of authority in the state of Washington and which 12
the public employees' benefits board determines to be in the best 13
interests of employees and the state. The public employees' benefits 14
board shall adopt rules setting forth criteria by which it shall 15
evaluate the plans. 16
(10) Before January 1, 1998, the public employees' benefits board 17
shall make available one or more fully insured long-term care 18
insurance plans that comply with the requirements of chapter 48.84 19
RCW. Such programs shall be made available to eligible employees, 20
retired employees, and retired school employees as well as eligible 21
dependents which, for the purpose of this section, includes the 22
parents of the employee or retiree and the parents of the spouse of 23
the employee or retiree. Employees of local governments, political 24
subdivisions, and tribal governments not otherwise enrolled in the 25
public employees' benefits board sponsored medical programs may 26
enroll under terms and conditions established by the director, if it 27
does not jeopardize the financial viability of the public employees' 28
benefits board's long-term care offering. 29
(a) Participation of eligible employees or retired employees and 30
retired school employees in any long-term care insurance plan made 31
available by the public employees' benefits board is voluntary and 32
shall not be subject to binding arbitration under chapter 41.56 RCW. 33
Participation is subject to reasonable underwriting guidelines and 34
eligibility rules established by the public employees' benefits board 35
and the health care authority. 36
(b) The employee, retired employee, and retired school employee 37
are solely responsible for the payment of the premium rates developed 38
by the health care authority. The health care authority is authorized 39
to charge a reasonable administrative fee in addition to the premium 40
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charged by the long-term care insurer, which shall include the health 1
care authority's cost of administration, marketing, and consumer 2
education materials prepared by the health care authority and the 3
office of the insurance commissioner. 4
(c) To the extent administratively possible, the state shall 5
establish an automatic payroll or pension deduction system for the 6
payment of the long-term care insurance premiums. 7
(d) The public employees' benefits board and the health care 8
authority shall establish a technical advisory committee to provide 9
advice in the development of the benefit design and establishment of 10
underwriting guidelines and eligibility rules. The committee shall 11
also advise the public employees' benefits board and authority on 12
effective and cost-effective ways to market and distribute the long-13
term care product. The technical advisory committee shall be 14
comprised, at a minimum, of representatives of the office of the 15
insurance commissioner, providers of long-term care services, 16
licensed insurance agents with expertise in long-term care insurance, 17
employees, retired employees, retired school employees, and other 18
interested parties determined to be appropriate by the public 19
employees' benefits board. 20
(e) The health care authority shall offer employees, retired 21
employees, and retired school employees the option of purchasing 22
long-term care insurance through licensed agents or brokers appointed 23
by the long-term care insurer. The authority, in consultation with 24
the public employees' benefits board, shall establish marketing 25
procedures and may consider all premium components as a part of the 26
contract negotiations with the long-term care insurer.27
(f) In developing the long-term care insurance benefit designs, 28
the public employees' benefits board shall include an alternative 29
plan of care benefit, including adult day services, as approved by 30
the office of the insurance commissioner. 31
(g) The health care authority, with the cooperation of the office 32
of the insurance commissioner, shall develop a consumer education 33
program for the eligible employees, retired employees, and retired 34
school employees designed to provide education on the potential need 35
for long-term care, methods of financing long-term care, and the 36
availability of long-term care insurance products including the 37
products offered by the public employees' benefits board.38
(11) The public employees' benefits board may establish penalties 39
to be imposed by the authority when the eligibility determinations of 40
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an employing agency fail to comply with the criteria under this 1
chapter. 2
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