Section 5202 - Payment of premium; maximum state share; proration ratio(a)(1) The maximum state share for a regular officer or employee and for an eligible spouse and child dependents who are not eligible for Medicare is as follows: a. Ninety-six percent of the premium for the basic individual, individual and spouse, individual and child, or family health care insurance plan.b. Ninety-five percent of the premium for a consumer-directed health plan for individual, individual and spouse, individual and child, or family.c. Ninety-three and one-half percent of the premium for an HMO plan for individual, individual and spouse, individual and child, or family.d. Eighty-six and three-quarter percent of the premium for a comprehensive PPO plan for individual, individual and spouse, individual and child, or family.e. Beginning January 1, 2006, employees identified under Title 14 who are receiving a short-term disability benefit for a period greater than 90 days under § 5253(b) of this title and have exhausted all of their paid leave, the maximum state share is an amount equivalent to that provided under paragraphs (a)(1)a. through (a)(1)d. of this section.(2) The maximum state share for an eligible pensioner who is not eligible for Medicare is the maximum state share under paragraph (a)(1) of this section.(3) The maximum state share for an eligible pensioner who is eligible for Medicare is 95% of the premium if paragraph (a)(4) of this section does not apply.(4) The maximum state share for an eligible pensioner who is eligible for Medicare is 100% of the premium for any of the following: a. An eligible pensioner receiving a disability pension.b. An eligible pensioner who is a primary survivor receiving a survivor's pension under § 8372(b) of Title 11 due to the death in the line of duty of the employee.c. An eligible pensioner who was first employed before July 1, 1991.d. An eligible pensioner who retired on or before July 1, 2012.(b)(1) For purposes of this section: a.1. "Prorated state share" means the dollar amount that the State pays for a plan on behalf of a regular officer or employee or an eligible pensioner.2. The "prorated state share" is the product of multiplying the proration ratio with the maximum state share.b.1. "Proration ratio" means the percentage applied to the maximum state share.2. The "proration ratio" for eligible pensioners is based on when the eligible pensioner was first employed and the number of years the eligible pensioner had been employed as a regular officer or employee at the time of retirement. (2) The proration ratio is 100% for all of the following:a. A regular officer or employee and for an eligible spouse and child dependents.b. An eligible pensioner receiving a disability pension.c. An eligible pensioner who is a primary survivor receiving a survivor's pension under § 8372(b) of Title 11 due to the death in the line of duty of the employee.d. An eligible pensioner who was first employed before July 1, 1991. (3) For eligible pensioners not included under paragraph (b)(2) of this section:a. For eligible pensioners who were first employed by the State on or after July 1, 1991, and before January 1, 2007, the proration ratio is as follows:1. Less than 10 years, 0%.2. At least 10 but less than 15 years, 50%.3. At least 15 but less than 20 years, 75%. 4. Twenty or more years, 100%.b. For eligible pensioners who were first employed by the State on or after January 1, 2007, and before January 1, 2025, the proration ratio is as follows: 1. Less than 15 years, 0%.2. At least 15 but less than 17.5 years, 50%.3. At least 17.5 but less than 20 years, 75%. .
4. Twenty or more years, 100%.c. For eligible pensioners who were first employed on or after January 1, 2025, and who are subject to mandatory retirement, the proration ratio is as follows: 1. Less than 15 years, 0%.2. At least 15 but less than 17.5 years, 50%.3. At least 17.5 but less than 20 years, 75%.4. Twenty or more years, 100%.d. For eligible pensioners who were first employed on or after January 1, 2025, and who are not subject to mandatory retirement, the proration ratio is as follows: 1. Less than 15 years, 0%.2. At least 15 but less than 20 years, 50%.3. At least 20 but less than 25 years, 75%.4. Twenty-five or more years, 100%.(c) If the employee or pensioner is covered in any way by a group insurance program issued by the same insurer, duplicate coverage shall not be procured by the State; however, it shall be at the employee's or pensioner's option as to whether to be covered by the state group insurance plan or by a program of the spouse. If covered by a program of the spouse, the employee or pensioner shall obtain no monetary credit or rebate from the State. (d)For the purposes of this chapter, eligible employees who were each first employed as a regular officer or employee by the State on or before December 31, 2011, and legally married on or before December 31, 2011, may each qualify as a regular officer, employee, or eligible pensioner of the State. In the case where 2 members of a family qualify, the options are as follows:(1) The 2 employees, or each eligible pensioner, and all eligible dependents may elect to enroll under 1 family contract.(2) Each employee, or each eligible pensioner, may elect to enroll under a separate contract. Eligible dependents may be enrolled under either contract, but no dependent shall be enrolled more than once under the state health insurance program.(3) The provisions of this paragraph shall continue to apply to a surviving spouse for employee only or employee and children contracts after the death of one of the spouses covered pursuant to this paragraph has occurred, as long as the surviving spouse is entitled to a survivor's pension pursuant to § 5528 of this title.(4) Effective July 1, 2012, to December 31, 2017, if the 2 employees enroll under an employee and spouse or family contract, there shall be a $25 per month charge to the employee who enrolls for the coverage. If the employees choose to enroll in separate plans, employee only and employee and children contracts, either the employee cost share premium or a $25 per month charge shall apply to both contracts, whichever is less. If employee and spouse are eligible pensioners where 1 or both retire on or after July 1, 2012, and before July 1, 2017, only 1 $25 per month charge shall apply when separate contracts are required for a Medicare Supplement Plan.(5) Effective January 1, 2018, if the 2 employees or non-Medicare pensioners enroll under an employee and spouse or family contract, the employee or non-Medicare pensioner who enrolls for the coverage shall be charged 50% of the employee or non-Medicare pensioner cost share premium per month, or $25 per month, whichever is greater. If the employees or non-Medicare pensioners choose to enroll in separate plans, employee only and employee and children contracts, each employee or non-Medicare pensioner shall be charged 50% of the employee or non-Medicare cost share premium per month, or $25 per month, whichever is greater for the plans chosen.a. If both spouses are eligible pensioners and 1 is not yet Medicare eligible, the non-Medicare pensioner will enroll under a pensioner only or pensioner and children contract and the Medicare pensioner will enroll in the Medicare Supplement Plan. The non-Medicare pensioner shall be charged 50% of the cost share premium, or $25 per month, whichever is greater.b. If 1 spouse is a regular officer or employee and 1 spouse is a Medicare eligible pensioner, the regular officer or employee who enrolls for employee and spouse or family coverage shall be charged 50% of the employee cost share premium. If the employee and Medicare eligible spouse choose to enroll in separate plans, each employee and Medicare eligible pensioner shall be charged 50% of the employee and Medicare Supplement Plan cost share premium per month, or $25 per month, whichever is greater for the plans chosen.c. If both spouses are Medicare eligible and 1 or both retired on or after July 1, 2017, only one 50% cost share premium or $25 per month, whichever is greater, shall apply when separate contracts are required for a Medicare Supplement Plan.d. If both spouses are Medicare eligible and both retired after July 1, 2012, and before July 1, 2017, each Medicare eligible pensioner shall be charged $25 per month premium when separate contracts are required for a Medicare Supplement Plan.(6) In no case shall there be a monetary credit or return to the spouse for that spouse's basic credits.(e) If a regular officer or employee is required to pay any portion of the cost of the health care insurance for himself/herself, his/her spouse or his/her dependents, the regular officer or employee may enter into a written agreement with the State whereby he/she agrees to reduce his/her salary in an amount equal to the portion of the health care insurance that the regular officer or employee is required to pay.(f) Subsection (e) of this section shall not be effective until implementation has been approved by the State Treasurer, Secretary of Finance, Director of the Office of Management and Budget and Controller General.(g) Salary reductions voluntarily taken pursuant to subsection (e) of this section shall not affect the compensation used in the calculation of pension benefits under any state pension plan and shall be made on a pretax basis, provided that employees who had designated employee deductions on a posttax basis as of July 1, 2000, shall continue to have the right to make those deductions on a posttax basis as long as the employee remains in a benefit program or the employee makes a change to pretax employee benefit deductions.(h) A survivor who is receiving a deceased pensioner's retirement benefits in accordance with the State Employees' Pension Plan under Chapters 53 and 55 of this title, the State Police Pension Plan under subchapter II and subchapter III of Chapter 83 of Title 11, the Pension Plan for State Judiciary under Chapter 56 of this title shall only be entitled to coverage for the survivor and any "eligible child dependent" as defined in § 5201(a) of this title.Amended by Laws 2023, ch. 470,s 2, eff. 9/30/2024.Amended by Laws 2023, ch. 279,s 1, eff. 6/26/2024.Amended by Laws 2017 , ch. 58, s 24, eff. 7/3/2017.29 Del. C. 1953, § 5202; 57 Del. Laws, c. 319; 62 Del. Laws, c. 158, §§3, 4; 62 Del. Laws, c. 294, §1; 63 Del. Laws, c. 79, §1; 63 Del. Laws, c. 155, §1; 65 Del. Laws, c. 87, §80; 66 Del. Laws, c. 85, §93; 67 Del. Laws, c. 324, §1; 68 Del. Laws, c. 84, §§65, 66; 68 Del. Laws, c. 178, §§1 - 3; 69 Del. Laws, c. 291, §34; 70 Del. Laws, c. 61, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 94, § 75; 75 Del. Laws, c. 88, §§ 20 (6), 21 (13), 26 (2); 75 Del. Laws, c. 114, §§ 1, 2; 75 Del. Laws, c. 227, § 4; 76 Del. Laws, c. 280, § 22; 78 Del. Laws, c. 14, §§ 1 - 5; 78 Del. Laws, c. 78, § 25; 78 Del. Laws, c. 254, § 1.;Section 3 of the relevant 2024 legislation provides that: "(1) The only substantive policy change made to existing law under this Act (Chapter 470) is under § 5202(b)(3)d. of Title 29, which changes the amount of the premium for a health-care insurance plan that this State will pay on behalf of eligible pensioners who were first employed as a regular officer or employee on or after January 1, 2025, and who are not subject to mandatory retirement. (2) All other revisions to current law under this Act are technical changes to improve clarity and conform existing law to the standards of the Delaware Legislative Drafting Manual. These technical changes include the addition of new defined terms and the reorganization of existing law."