§851. Authority for employee benefit programs; payroll deduction for payment of premiums
A. The state of Louisiana, through the Office of Group Benefits and each of its
governmental and administrative subdivisions, departments, or agencies of the executive,
legislative, or judicial branches, and the governing boards and authorities of each state
university, college, or public elementary and secondary school system in this state are
authorized to:
(1) Procure private contracts of insurance covering their respective employees,
officials, and department heads, or any class or classes thereof, and the dependents of such
employees, officials, or department heads under a policy or policies of group health, accident,
accidental death and dismemberment, and hospital, surgical, or medical expense benefits.
(2) Adopt, administer, or operate or contract for all or a portion of the administration,
operation, or both of a self-funded program for that purpose.
B. Each such private contract or self-funded program, the premiums of which are
paid in whole or in part with state funds, shall be approved by the Office of Group Benefits,
except that any city or parish school board may enter into such private contract or self-funded
program without approval. The employee or retiree eligibility provided in such private
contract or self-funded program must be identical to the eligibility provided in the Office of
Group Benefits programs.
C.(1) Except as provided in Paragraphs (D)(1) and (2) and Subsection E of this
Section, and except for those retirees who are not covered by Medicare and who are qualified
for coverage in accordance with the rules and regulations of the Office of Group Benefits,
the contribution of the state shall not be less than fifty percent of the total premium paid out
of funds contributed by the state.
(2) However, except for those retirees who are not covered by Medicare, the
contribution by the state shall not be in excess of the dollar amount paid on behalf of
members in the rating classification for employees of state departments and agencies.
(3) The employee portion of the premium rate for retirees without Medicare coverage
shall not exceed the active employee portion of the premium rates for the same classification
of coverage.
D.(1) For those retirees who are covered by Medicare, the minimum contribution of
the state shall be seventy-five percent.
(2) For those active employees covered by the provisions of Paragraph (C)(1) of this
Section whose state contribution was not less than fifty percent of the total premium paid out
of funds of the state on June 30, 2001, the minimum contribution of the state shall be as
follows:
(a) Beginning July 1, 2001, the minimum contribution by the state shall be fifty-eight
percent of the total premium.
(b) Beginning July 1, 2002, the minimum contribution by the state shall be sixty-five
percent of the total premium.
(c) Beginning July 1, 2003, and each year thereafter, the minimum contribution by
the state shall be seventy-five percent of the total premium.
(3) Nothing herein shall be construed to prohibit the state from providing
contributions at a higher level for participants as provided in Paragraph (2) of this
Subsection.
(4) Notwithstanding any provision of law to the contrary, any lapse in participation
for employees furloughed or terminated as the result of Hurricanes Katrina and Rita and
subsequently rehired between August 30, 2005, and December 31, 2006, shall not reduce the
state minimum contribution.
E.(1) Notwithstanding any other provision of this Part to the contrary, for any person
who is an active employee as defined by R.S. 42:808 and who does not participate in the
Office of Group Benefits program provided by this Part before January 1, 2002, but
subsequently enrolls in the program, or for any person who is hired on or after January 1,
2002, who meets the definition of employee as provided by R.S. 42:808 the state contribution
of the total premium shall, upon retirement, be:
(a) Nineteen percent for those persons with less than ten years of participation in the
Office of Group Benefits program before retirement.
(b) Thirty-eight percent for those persons with ten years of participation but less than
fifteen years of participation in the Office of Group Benefits program before retirement.
(c) Fifty-six percent for those persons with fifteen years of participation but less than
twenty years of participation in the Office of Group Benefits program before retirement.
(d) Seventy-five percent for those persons with twenty or more years of participation
in the Office of Group Benefits program before retirement.
(2) The Office of Group Benefits shall promulgate all rules necessary to carry out the
provisions of Subsections A through E, P, and U of this Section.
(3) Nothing herein shall be construed to prohibit the state from providing
contributions at a higher level for participants as provided in this Subsection.
(4) The provisions of this Subsection shall not affect the contributions paid by the
state for any retiree covered under this Part on June 29, 2001, or the contributions paid by
the state for any participant who retires before January 1, 2002.
F. The contributions of employees, officials, or department heads to the premiums
for such benefits may be deducted by the employer from the salaries of the employees,
officials, or department heads when authorized in writing by the respective persons.
However, the amount paid toward the premium by the state or any of its governmental and
administrative subdivisions, departments, or agencies and the governing boards and
authorities of each state university, college, or public elementary and secondary school
system of the state shall be subject to the approval of the office.
G. No reductions of state contributions shall be made on contracts heretofore written
and continued in force, and, in addition, the premiums shall be paid out of funds appropriated
for the purpose and included in the respective budgets of the state or other entity.
H.(1) Nothing herein shall be construed as limiting the authority of the office to
adopt, administer, or operate or to contract for all or a portion of the administration,
operation, or both of a primary self-funded program or additional programs with premium
rate structures and state contribution rates which are different from the primary program.
(2) Under any such self-funded program the office, for purposes of establishing rates
and premiums, may group risks into multiple classifications. There may be one classification
for employees of state departments and agencies; there may be one classification for
employees of eligible school boards; there may be one classification for employees of
eligible political subdivisions and other public entities of the state; and there may be one or
more classifications for retirees.
(3) For the purposes of this Subsection, the classification of state departments and
agencies shall mean that group of eligible participants in the executive, legislative, or judicial
branch of state government whose contributions for premiums are paid in whole or in part
through appropriations by the legislature. The classification of school boards shall mean that
group of eligible participants of city or parish school systems which receive funding through
the Minimum Foundation Program. The classification of political subdivisions and other
public entities shall mean participants of all other entities eligible for the program under the
provisions of this Section not included in the classification of state departments and agencies
or the classification of school boards.
(4) The rates and premiums adopted for each classification shall take into
consideration the loss experience in the classification as well as other relevant factors.
(5) If a state department or agency, school board, or political subdivision or other
public entity elects to participate in the state group health and accident insurance program
after participation in another group health and accident program, the premium rate applicable
to such employees and former employees intended to be covered by the program shall be the
greater of the premium rate based on the loss experience of the group under the prior plan
or the premium rate based on the loss experience of the classification into which the group
is entering.
(6) The rates so fixed shall not be excessive, inadequate, or unfairly discriminatory
and shall be uniform within each classification.
I. Notwithstanding any provision of law to the contrary, nothing herein shall be
construed to exclude city and parish school board members from eligibility for participation
as provided in R.S. 17:1223.
J. Notwithstanding any provision of law to the contrary, any eligible entity which
elects to participate in the life insurance coverage as provided in Part II of Chapter 12 of Title
42 of the Louisiana Revised Statutes of 1950 shall also participate in the group health and
accident insurance coverage as provided in this Part.
K. Notwithstanding any provision of law to the contrary, the employee portion of the
premium rate for active employees or retirees shall not be increased to fund any deficit
related to the provision of coverage. If a deficit is identified, the minimum contribution by
the state may be increased to fully fund such deficit.
L.(1) School boards may pay from local funds any portion of the cost of the group
policy.
(2) Nothing in this Section shall be construed to require any school board to use local
funds to pay all or any portion of the cost of the group policy for participating former
employees now retired.
M.(1) Notwithstanding any provision of law or any rule or regulation to the contrary,
the state of Louisiana shall continue to contribute its portion of the premium or charges due
under this Section for which an employee is granted leave of absence without pay due to a
service-related injury for a period not to exceed twelve months. The state may contribute its
portion of the premium and charges due under this Section for which an employee is granted
leave of absence without pay due to active military duty or is granted leave without pay under
the provisions of the federal Family and Medical Leave Act.
(2) If the employee should suffer a job-related injury that meets the definition of a
total and permanent disability under the workers' compensation laws of Louisiana, the state
of Louisiana shall continue to contribute its portion of the premiums or charges due under
this Section until the employee becomes gainfully employed or is placed on state disability
retirement.
(3) However, such contribution shall not be made for any period during which an
employee is under a suspension from his employment without pay unless reinstated.
(4) An employee who is granted leave of absence without pay for any reason other
than those enumerated above may continue participation in the Office of Group Benefits
program for a period not to exceed twelve months upon the employee's payment of the full
premium or charges due.
N. The Department of Insurance shall make an examination, at least once every five
years, of the health indemnity plan of the Office of Group Benefits following the same
guidelines applied to other health insurers, and report its findings to the Joint Legislative
Committee on the Budget along with any recommendations for assuring plan solvency and
quality.
O. Notwithstanding any provision of law to the contrary, any person who is an active
employee, as defined in R.S. 42:808(A)(1), of the state Department of Education, special
school district or the Department of Public Safety and Corrections, office of youth services
who was employed by such state agency on or after January 1, 2002, but no later than March
29, 2004, who has participated in the Office of Group Benefits continuously during his state
employment who, prior to such employment, was a professional and fully qualified employee
of a city, parish, or other local public school system in a position that required certification
by the state Department of Education and who participated in the group health insurance
program made available by the school system for not less than twenty years shall, upon
retirement, be eligible to maintain enrollment in the Office of Group Benefits program with
a state contribution of seventy-five percent of his premium.
P.(1) Any person who is eligible for and receives disability retirement benefits from
a retirement system created under the laws of this state shall receive the same retiree health
care premium subsidy as an individual who has participated for twenty or more years in the
Office of Group Benefits health care program. In order to be eligible for the retiree health
care premium subsidy, the person shall have participated in health care programs sponsored
by the Office of Group Benefits for the number of years sufficient to earn disability
retirement benefits.
(2)(a) Notwithstanding any provision of law to the contrary, a spouse who is eligible
for and receives survivor benefits from the State Police Retirement System pursuant to R.S.
11:1316 or 1345.8 shall be eligible to participate in the Office of Group Benefits health care
program and receive the same health care premium subsidy as a retiree who has participated
for twenty or more years in the Office of Group Benefits health care program. For the spouse
to be eligible for the retiree health care premium subsidy, the member shall have participated
in health care programs sponsored by the Office of Group Benefits for the number of years
sufficient to earn survivor retirement benefits. A spouse who did not meet the qualifications
for health care premium subsidy coverage pursuant to this Paragraph due to the date of death
of the member occurring prior to June 30, 2021, shall have the option to select coverage no
later than December 31, 2021.
(b) Notwithstanding any provision of law to the contrary, a child who has not
attained the age of twenty-six years or a child who has a disability or is mentally
incapacitated regardless of age who is eligible for and receives, or who was eligible for and
received, survivor benefits from the State Police Retirement System pursuant to R.S. 11:1316
or 1345.8 shall be eligible to participate in the Office of Group Benefits health care program
and receive the same health care premium subsidy as a retiree who has participated for
twenty or more years in the Office of Group Benefits health care program. For the child to
be eligible for the retiree health care premium subsidy, the member shall have participated
in health care programs sponsored by the Office of Group Benefits for the number of years
sufficient to earn survivor retirement benefits. A child who did not meet the qualifications
for health care premium subsidy coverage pursuant to this Paragraph due to the date of death
of the member occurring prior to June 30, 2021, shall have the option to select coverage no
later than December 31, 2021.
Q. Notwithstanding any provision of law to the contrary, any person who is an active
employee of the Jefferson Parish School System, or is employed as a probation and parole
officer with the Department of Public Safety and Corrections on or before August 15, 1986,
and participates in the Office of Group Benefits program, who elects to take retirement
within the Louisiana State Employees' Retirement System pursuant to Act No. 194 of the
2004 Regular Session of the Legislature, and who has participated in the Office of Group
Benefits program provided by this Part for at least ten years, shall, upon retirement, be
eligible to maintain enrollment in the Office of Group Benefits program with a state
contribution of seventy-five percent of his premium.
R. Notwithstanding any other provision of law to the contrary, persons made eligible
as part of a special group for participation in programs sponsored by the Office of Group
Benefits pursuant to R.S. 42:808(A)(11) may elect to participate in group health insurance
programs upon the end of their state service as provided in R.S. 42:808(A)(11) provided they
participated in a program of group health insurance sponsored by the Office of Group
Benefits for not less than ten consecutive years prior to the end of their service. One hundred
percent of the premium cost for coverage of any person in such group electing to participate
shall be paid entirely by such person and shall be risk rated by the Office of Group Benefits.
The election to continue insurance coverage pursuant to this Subsection must be made by the
employee on or before the termination of the employee's service and the payment of the
premiums to be paid pursuant to this Subsection shall begin on the date of termination.
S. Notwithstanding Paragraph (E)(1) of this Section or any provision of law to the
contrary, any person who retires within the Louisiana State Employees' Retirement System
and who elects to suspend his retirement benefits pursuant to the laws applicable to that
system shall be eligible to maintain enrollment in programs sponsored by the Office of Group
Benefits with the same contribution by the state as was applicable to such person upon his
retirement. If such person is reemployed subsequent to his retirement, such contributions by
the state shall be maintained through the course of such person's reemployment and his
subsequent retirement thereafter.
T.(1) Notwithstanding any provision of law to the contrary, any person who retired
on or after May 1, 2013, and on or before May 31, 2013, who participated in health care
programs sponsored by the Office of Group Benefits for more than eighteen years, whose
doctor certifies that on the date of his retirement he was medically unable to perform his job
duties shall, upon retirement, be eligible to maintain enrollment in the Office of Group
Benefits Program with a state contribution of seventy-five percent of his premium, if the sum
of his accumulated unused leave on his retirement date plus his years of participation in the
Office of Group Benefits Program, rounded to the nearest year, is twenty years or more.
(2) Notwithstanding any provision of law to the contrary, any person who is an
employee, as defined in R.S. 42:808(A), who was employed by the Office of Community
Relations and Rural Development after January 1, 2004, who subsequently becomes a state
elected official as defined in R.S. 42:808(11)(b)(ii), and who has participated in the Office
of Group Benefits continuously during his state employment, shall, upon retirement, be
eligible to maintain enrollment in the Office of Group Benefits program with a state
contribution of his premium, as provided in Subsection D of this Section.
U.(1) Notwithstanding any other provision of law or any rule or regulation to the
contrary, health insurance coverage shall begin concurrent with employment by a public
elementary or secondary school system if all of the following apply on the employee's first
date of employment with that employer:
(a) The school system is in an area that is the subject of a gubernatorially or
presidentially declared disaster or emergency.
(b) The declaration of disaster or emergency specifies that the disaster or emergency
involves risks to the health or well-being of any individual who engages in certain activities.
(c) Among the activities posing a risk to an individual's health or well-being are
activities integral to services to the school system that the employee is required to perform.
(2) The premium for the first month's insurance shall be paid immediately. The
school system shall pay the employer contribution. The employee contribution may be paid
by the school system or the employee. If the school system pays the employee contribution,
the school system shall be reimbursed by a deduction from the employee's wages.
V.(1) Notwithstanding any provision of law to the contrary, any person who
previously participated in health coverage programs sponsored by the Office of Group
Benefits as a dependent spouse of a deceased retiree immediately prior to enrolling in Office
of Group Benefits health coverage as an active employee shall, upon termination from state
service, be eligible to obtain Office of Group Benefits health coverage as a surviving spouse,
provided that all of the following conditions are met:
(a) The person is enrolled in Office of Group Benefits health coverage as an active
employee as of July 1, 2024.
(b) The person remains enrolled in Office of Group Benefits health coverage
continuously until immediately prior to the date of termination.
(c) The person would have had surviving spouse coverage at the time of the death
of the retiree spouse but for his or her eligibility for coverage in a group health plan other
than Medicare.
(d) The person pays the requisite premiums.
(e) The person complies with any other applicable Office of Group Benefits rules.
(2) A surviving spouse pursuant to this Subsection shall be entitled to receive, in
state contribution to premiums, the percentage of the total premium as provided for in
applicable Office of Group Benefits rules.
(3) Employer premium contributions for a person eligible to obtain Office of Group
Benefits coverage as a surviving spouse pursuant to this Subsection shall be the
responsibility of the school board, state agency, or political subdivision from which the
deceased retiree spouse originally retired.
(4) The dependent children of a person eligible to obtain Office of Group Benefits
coverage as a surviving spouse pursuant to this Subsection may continue coverage in
accordance with applicable rules promulgated by the Office of Group Benefits.
NOTE: See Acts 2001, No. 767, §3.
NOTE: See Acts 2007, No. 366, §2, regarding effectiveness of R.S.
42:851(S). See also Acts 2007, No. 252.
Acts 1950, No. 531, §1. Amended by Acts 1956, No. 294, §1; Acts 1975, No. 486,
§1; Acts 1976, No. 521, §2; Acts 1978, No. 768, §1; Acts 1979, No. 653, §1; Acts 1979, No.
745, §3, eff. July 1, 1979; Acts 1980, No. 791, §2; Acts 1981, No. 419, §2; Acts 1981, No.
686, §1; Acts 1981, No. 704, §1; Acts 1981, No. 710, §2; Acts 1982, No. 243, §1; Acts 1984,
No. 884, §1; Acts 1985, No. 812, §1; Acts 1985, No. 840, §1; Acts 1986, No. 644, §1; Acts
1988, No. 902, §1; Acts 1988, No. 1009, §1; Acts 1989, No. 726, §1, eff. Jan. 31, 1990; Acts
1990, No. 615, §1, eff. July 19, 1990; Acts 1991, No. 424, §1; Acts 1991, No. 705, §1; Acts
1992, No. 447, §4; Acts 1992, No. 635, §2, eff. July 2, 1992; Acts 1992, No. 1044, §§1, 2;
Acts 1997, No. 1357, §1, eff. July 1, 1997; Acts 1998, 1st Ex. Sess., No. 150, §2, eff. July
1, 1998; Acts 1999, No. 1005, §1, eff. July 1, 1999; Acts 1999, No. 1069, §1, eff. July 9,
1999; Acts 2000, 1st Ex. Sess., No. 41, §1; Acts 2000, 1st Ex. Sess., No. 128, §1, eff. April
19, 2000; Acts 2001, No. 767, §1, eff. June 26, 2001; Acts 2001, No. 1079, §1, eff. July 1,
2001; Acts 2001, No. 1174, §2, eff. July 1, 2001; Acts 2001, No. 1178, §5, eff. June 29,
2001; Acts 2003, No. 897, §1; Acts 2005, No. 498, §1; Acts 2005, 1st Ex. Sess., No. 57, §1,
eff. Dec. 6, 2005; Acts 2006, No. 757, §1, eff. June 30, 2006; Acts 2007, No. 366, §1, eff.
July 10, 2007; Acts 2014, No. 771, §1, eff. June 30, 2014; Acts 2020, 2 nd Ex. Sess., No. 32,
§2, eff. Oct. 28, 2020; Acts 2021, No. 56, §1, eff. June 30, 2021; Acts 2024, No. 304, §1, eff.
May 28, 2024.