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2018 Georgia Code 45-18-16 | Car Wreck Lawyer

TITLE 45 PUBLIC OFFICERS AND EMPLOYEES

Section 18. Employees' Insurance and Benefits Plans, 45-18-1 through 45-18-105.

ARTICLE 1 STATE EMPLOYEES' HEALTH INSURANCE PLAN AND POST-EMPLOYMENT HEALTH BENEFIT FUND

45-18-16. Certification of employer payment percentage for ensuing fiscal year; provision in budgets for funds for employer payments.

Not less than 30 days prior to the commencement of the plan year, the commissioner of community health shall certify to the director or chief administrative officer of each state department, bureau, institution, board, commission, or authority having employees covered by this part the amount of percentage adopted by the board as employer payments for the ensuing fiscal year; and they shall, in their annual budget, make provisions for funds with which to pay the board the required employer payments.

(Ga. L. 1961, p. 147, § 14; Ga. L. 1999, p. 296, § 23; Ga. L. 2006, p. 188, § 11/HB 1372; Ga. L. 2010, p. 878, § 45/HB 1387.)

OPINIONS OF THE ATTORNEY GENERAL

Amount of employer contribution.

- 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.

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