PREFILED JAN 05 2021
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REFERENCE TITLE: public safety; cancer insurance; eligibility |
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State of Arizona Senate Fifty-fifth Legislature First Regular Session 2021
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SB 1043 |
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Introduced by Senator Livingston
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AN ACT
Amending sections 38‑642 and 38‑644, Arizona Revised Statutes; relating to public safety cancer insurance.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 38-642, Arizona Revised Statutes, is amended to read:
38-642. Public safety cancer insurance policy program
A. Except as provided in subsection D of this section, the board shall establish and administer a public safety cancer insurance policy program for participating employers that employ firefighters or peace officers. For the purposes of the internal revenue code, the program is an integral part of a political subdivision of this state.
B. Except as provided in subsection D of this section, participating employers that employ firefighters or peace officers shall participate in the program.
C. The board shall contract for a group cancer insurance policy to provide coverage as prescribed by section 38 645 or may self insure the program by establishing an insurance policy that is of its own design and that is underwritten by the assets of the public safety cancer insurance policy program account established by section 38 643. When procuring, establishing or administering any cancer insurance policy provided pursuant to this article the board is exempt from the requirements of title 41, chapter 23.
D. The board shall administer a public safety cancer insurance policy program for employers and their employees who are corrections officers, detention officers or other members as defined in section 38 881 and who join the program. The state department of corrections, the department of juvenile corrections, the department of public safety or a county, city or town may establish a voluntary cancer insurance policy program for employees who are corrections officers, detention officers or other members as defined in section 38-881. The state department of corrections, the department of juvenile corrections, the department of public safety or a county, city or town that, in its discretion, establishes a program shall collect the payments for the program and submit the monies to the board on behalf of the employees who voluntarily enroll in the program and make payments for the cancer insurance. If a county, city or town establishes a voluntary cancer insurance policy program, the county, city or town is not required to make payments for the cancer insurance. If the state department of corrections, the department of juvenile corrections or the department of public safety establishes a voluntary cancer insurance policy program, the department shall not make payments for the cancer insurance. The board may adopt policies that establish criteria for participation in the program pursuant to this subsection.
E. THE BOARD OF TRUSTEES SHALL ANNUALLY REVIEW THE PREMIUMS REQUIRED UNDER THE PROGRAM TO ENSURE THE FINANCIAL SECURITY OF THE PROGRAM.
E. F. On or before July 31 of each year, the board shall notify each employer required to participate in the program of the total amount payable to the board to pay for the costs of the program. The amount charged to each employer shall not exceed one hundred eighty dollars $180 for each employee of the employer who is a firefighter, peace officer, corrections officer, or detention officer or any other member as defined in section 38 881 on record with the board as of June 30 of that year. Each employer shall pay this amount to the board on or before August 31 of each year.
F. G. Employers that fail to pay the amount required by subsection E F of this section by August 31 shall pay a fifteen percent late charge to the board on all delinquent amounts accrued monthly. If the amount due and the late charge are not paid within thirty days, the board may recover the amounts due from the employer by either:
1. Filing an action in a court of competent jurisdiction to recover the amount due.
2. Requesting a deduction of any monies, including excise revenue taxes, payable to the employer by any department or agency of this state.
G. H. If the board self insures the program the board and the program are exempt from title 20 and any rules adopted pursuant to title 20.
Sec. 2. Section 38-644, Arizona Revised Statutes, is amended to read:
38-644. Eligibility
A. Except as provided in subsections B, C and D of this section, to qualify for covered benefits under the program, a person must satisfy all of the following criteria:
1. Be an active or retired member of the public safety personnel retirement system or the corrections officer retirement plan or a participant in the public safety personnel defined contribution retirement plan.
2. Be one of the following:
(a) A firefighter who is or was regularly assigned to hazardous duty of the type normally expected of a firefighter.
(b) A peace officer.
(c) A corrections officer employed by the state department of corrections or the department of juvenile corrections, a detention officer employed by a county, city or town or any other member as defined in section 38‑881 if the department, county, city, town or participating employer as defined in section 38-881 has voluntarily established a program and the corrections officer, detention officer or other member as defined in section 38‑881 voluntarily enrolled in the program and made the payments pursuant to section 38‑642, subsection D.
3. Have cancer that was first diagnosed after the person's date of membership in the public safety personnel retirement system or corrections officer retirement plan or date of participation in the public safety personnel defined contribution retirement plan.
B. Persons who terminate employment with a participating employer are not eligible for benefits under the program unless the person has made a valid claim for payment of expenses under the program before termination of employment.
C. On retirement, notwithstanding a cancer diagnosis, persons who were either receiving benefits under the program before retirement or who are diagnosed with cancer subsequent to retirement described in subsection A, paragraphs 1 and 2 of this section remain eligible for coverage under the program for the total of:
1. Either:
(a) Five months for each year of credited service accumulated toward retirement under the public safety personnel retirement system or corrections officer retirement plan.
(b) For Five months for each year of service under the public safety personnel defined contribution retirement plan.
2. Plus actual time spent in the deferred retirement option plan pursuant to section 38‑844.03 or the reverse deferred retirement option plan pursuant to section 38‑885.01.
D. A person whose eligibility to receive benefits under subsection C of this section is expiring may continue to remain eligible for coverage under the program if the person makes an election with the board and pays to the board the cost of the premium as determined by the board at the time determined by the board.
E. A person is not eligible for benefits under the program if there is any evidence that the cancer that forms the basis for a benefit claim under the program existed before the person's membership in the public safety personnel retirement system or corrections officer retirement plan or the person's participation in the public safety personnel defined contribution retirement plan.