§ 21-5-406 — Director - Staff

(a) (1) The State Board of Finance shall choose the Director of the Employee Benefits Division with the approval of the Secretary of the Department of Transformation and Shared Services. (2) (A) The director shall be employed by and serve at the pleasure of the secretary, and shall perform all duties in consultation with the secretary. (B) However, the board may recommend the removal of the director, but removal is subject to the approval of the secretary. (3) The director shall employ staff adequate to manage the State and Public School Life and Health Insurance Program within the funds appropriated for the program within the Department of Transformation and Shared Services. (b) The director shall establish internal controls for the fiscal management of the program. (c) (1) The director and his or her staff shall be located in the Employee Benefits Division. (2) Funds collected from employers, participating employees, retirees, and any other sources for the program, including plan options offered under the program, shall be used solely to pay medical claims, drug claims, premiums, benefits, and direct administrative expenses of the program. (d) The director shall administer this subchapter and the rules and orders of the board. (e) (1) The director may require all participating entities to appoint health insurance representatives who shall adhere to the policies adopted by the board and the rules and procedures issued by the director in managing the enrollment and premium payment processes of the state agency or school district. (2) The director may request the removal of a health insurance representative to ensure necessary internal controls. (3) (A) The director has the authority to supervise the implementation and day-to-day management of the program and other employee benefits, plans, and individual and group policies made available to participants, if applicable, except voluntary products or insurance procured under § 6-17-1115 . (B) The authority granted under subdivision (e)(3)(A) of this section includes without limitation supervising: (i) Life insurance coverage; (ii) Optional retirement programs; (iii) Deferred compensation; (iv) Cafeteria plans for products that are not voluntary products; and (v) Any other benefit plans, benefit programs, and individual and group benefit coverage that are offered from time to time to state employees, state employee retirees, public school employees, and public school employee retirees. (C) Except as authorized under § 19-4-1602 , the authority granted under subdivision (e)(3)(A) of this section does not include supervising the implementation and day-to-day management of a voluntary product made available to participants or insurance procured under § 6-17-1115 . (D) The director and the board may utilize the services of healthcare consultants and actuaries if necessary as provided for through the appropriation of the division. (E) The Arkansas State Police Employee Health Plan is exempt from any mandatory participation required by this section.

Legislative History

Amended by Act 2023, No. 533,§ 3, eff. 8/1/2023. Amended by Act 2021, No. 1004,§ 16, eff. 4/28/2021. Amended by Act 2021, No. 1004,§ 15, eff. 4/28/2021. Amended by Act 2019, No. 910,§ 6141, eff. 7/1/2019. Amended by Act 2015, No. 1135,§ 3, eff. 7/22/2015. Amended by Act 2015, No. 910,§ 3, eff. 7/22/2015. Amended by Act 2013EX1, No. 6,§ 2, eff. 10/21/2013. Amended by Act 2013EX1, No. 3,§ 2, eff. 10/21/2013. Acts 1995, No. 1206, §§ 7, 8; 1999, No. 1280, § 6; 2001, No. 1814, §§ 1, 4; 2007, No. 1009, § 6.