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2004 Nevada Attorney General Reports and Opinions 1 (2004)

handle is hein.sag/sagnv0001 and id is 1 raw text is: BRIAN SANDOVAL STATE OF NEVADA ANN WILKINSON Attorney General OFFI CE OF THE ATTORNEY GENERAL Assistant Attorney General 100 North Carson Street Carson City, Nevada 89701-4717 Telephone (775) 684-1100 Fax (775) 684-1108 ao.state.ny.us E-Mail: aqinfo(aaq.state.nv.us January 7, 2004 OPINION NO. 2004-01 PUBLIC EMPLOYEES' BENEFITS PROGRAM: RETIREES; INSURANCE: LOCAL GOVERNMENT: A.B. 286 requires that all local jurisdictions provide health care plans for their retirees, either through their own health care plan or through PEBP, if the local government provides health care coverage to its active employees. If a local jurisdiction does not provide health benefit coverage for active employees, it is not required to provide health benefit coverage for retirees. However, if a local jurisdiction's plan for active employees excludes retirees because it is a cafeteria plan, then it must find another method to provide health care coverage for its retirees. If a local jurisdiction terminates its health benefit coverage with PEBP for its active employees and offers health benefit coverage for those employees with another plan, then it must also offer health benefit coverage in the other plan to its retirees who are with PEBP. A.B. 286 requires open enrollment to be held for the entire period of September 1, 2003, through January 31, 2004. Although A.B. 286 does not specify an effective date, a date 30 days after the close of the open enrollment period is recommended. Local jurisdictions are required to offer reinstatement to their retirees who are in PEBP during the late open enrollment in even-numbered years, pursuant to NRS 287.0475. Nonstate retiree survivors have the same reinstatement right to the employer's health benefit plan as nonstate retirees. A local jurisdiction is required to reinstate survivors as PEBP participants after a retiree dies if the survivors are offered coverage under the COBRA and are not covered by the local jurisdiction's health plan after COBRA expires. A local jurisdiction must subsidize its retirees in the same amount as the State of Nevada subsidizes its retirees.