Untitled Texas Attorney General Opinion

Aun-ruw 1s. -l%x~s PRICE DANIEL ATTORNEYGEXERAL December 13, i9% Hon. Robert S. Calvert Comptroller of Public Accounts Austin, Texas opinion NO. V-13?% .,I Rer Group insurance policias for which the Comptroller is authorized to make pay-, : Dear Sir: roll deductions. You.have requested an opinion of this orfics relating to payroll deduotions which you are required to make in compllancr with the stats- atory provisions dealing with group life, health accident, accidental death and dfsmemberment, an A hospital, surgical and/op medical expense lnsur- ante r0r State employees. The statutory provisions regulating grrpW;;re insurance for Stats employees are as “Sea. 1. rio policy 0r gsoup life iasuranaa shall be delivered in this Stste’unless It conforms to one of the rollowing descriptions: I . . . “(3) 'A ollcy Issued to an lnde- igdent schco P d%strfct, incorporated town or village whfoh has assumed aon g9rol or the puhlfc school system vltbin such munfcfpalfty, Stato colleges or unfversitlcs, m a5sociatkon a State ernu~ 4~,&gT&&&!A li!i3- ~t$t.J&~:&$x!&Q&J&&&y-&p m of I&&J&~ GCLVO~~" vhfoh employer or aesoclation shall be deemed the polfcyhoPdsr, to fnaeare the employ- ees of any ouch independent schoo2 dis- tpict and 00 the public 5aheoX syst68 0r ‘i;/f-‘&iT d. --vrrFE~~~ Edp s s a &A th.rougi~ou~~ 0 Hon. Robert S.: Calvert , pag3 2 (V-1374) :z. v-2 -- 4. _ _ y-z- .- i- . --:==- _ ;..__ --~ - -37’ __ any such mxiicipality, of any such State colleges and universities, of any such 3epxtment of the State Government, members of &y assoola- .’ Mon. of State employees, and members at Any association of’ State and County employees for the benefit of persons other than the policyholder ..‘: subject to the following require- ments: ii I*(a’I The employees eligible for Insurance under the policy shall be iill of the employees of tha employer or all of any clsss or classes there- qf determined by conditions pertain- ing to their employment. ‘l(b) The premium for the policy shall be paid by ‘the policy holder wholly from funds contributed by the insured employees; provided, however,~ that any moneys or credits received by or allowed to the policyholder pur- puant to any participation agroement contained, In or Issued in connection with, ths policy shall be .applied to the payment of ruture premiums nnd to the prorate, abatement of the insured lmplolr)eis* oontributions therefor; and provUiod tither, that the employer 8sy deduct from the .emplo~es’ salaries tho required contributions for the pn- IEWM vhen authorized la vtitlng by the respective employees so to do. Suob pulley ms9 be placed tn r0r00only it at least ssvsnty-rive (.75%) per oont of the eligible employees, excluding any as to whom evidence of lndlvidual Insurability is not satisfactory to the Insurer, elect to make the required pre- mlum contributions and become insured thereunder. e(c) The policy must cover at ~fa~~s~enty-rivo (25) employees at dato . “Cd) The amounts of insurance un- der tha poUcy,must se based on 0 - BOA. Robert ,$i, Calvert, page 3 (V-1374) w>--+ww.r t<--.~._I~-.-'--.~T;'-~c.-'-.~- --yi. ..- : some plan precluding Individual se- lection either by the employeesor by the policyholder.” Art. 3.50,In- suranc6 Code (Acts 52Ad Leg., R.S, 195l,ch. 491, pe 868). _; _ .Thd provisions relating to group health, accident, accidental death and dismemberment, and hospital, surgical, and/or medical expense insur- ance for State employees are as follows: “Sec. l., me State of Texas a 9 .” &iic admbistrative subQ&gJons. de- partments. aP;encIes. a soclatl n of ve s and fhe gove&lng &teho&tles of each State ‘university, college, common and lnde- pendent school districts or of any other agency or subdivision of the pub- llc schooX%ystem pf the State of Texas are author,ized to procure contracts ln- &ring their respective employees or any class or classes thereof under a policy or policies of group health, accident, accidental death and dlsmem- berment, and hospital, surgical, and/or medical expense Insurance. The depend- ~. ents of any such employees may be ln- ..sured under group policies which pro- vide hospital, surgical and/or medical expense lnsurancec The employees’ con- trlbatloAs to the premiums for such in- sur&&ce Issued to the employer or to en assokiatlon of public employees aa the policyholder may be deducted by the em- ployer. from the employees’ salaries when authorized in writing’ by the re- spective employees so. to do. “Sec.2. All group Insurance COA- tracts effected pursuant hereto shall conZorm and be subject to all the pro- visions of any existing or future laws concerning group Insurance.” Art. 3.51, Insurance Code. 1~ light of the abovb statutes you wish to lrnow how to distinguish among the various pollc%es Eon. Robert S. Calvert, page 4 (V-1374) --=- .__ -.: -y--z-.-s-- I? 5s-- .-_.-, ~-._ _. issued to State employere so that you will make only the payroll deductions authorized by statute. Group life Insurance is closely regu- lated by statute, and a policy Is not a “group life _. -insurance!’ policy unless issued in strict compll- ante with the statutory provisions* Board of ‘In- e Co gf-930 s A group life Insurance policy for State employee,s as such must be issued to the head of a depar.$ment an association of State employees, or an assocla ? iOA of State and County employees. .hrt. 34% Seca1, a3azme Section 2 of Article 3.50 provides in part; ‘#No.policy of group life IASUT- ante shall be Issued or delivered in this State unless and until a copy of the formthereof has been’filed with the Board of Insurance C+mmissioners of the State of Texas and formally approved by such Board . . .* Thus, IS a group life Insurance policy has been ls- sued to a proper, association or a department head, and the same has been f lled with the Board of Insur- ance Commissioners and approved by it, and the em- .ployee has authorized the deduction in writing, you are required to make the proper payroll deductions. The cases defining an nassoclationt8 are al- most completely in agreement that it may be ‘Ia body of persons acting together, without a charter but upon methods and forms used by corporations, i or pro- *’ secution of some common enter rise.” See 4 Words and phrases (Permanent Ed. 19t 0) 565. Of a~urse it may also be a formally chartered organization. wplying these definitions to State employees, or to State and County employees, we find they are an nassociatlonH if they are a united group, with by-laws and officers, and are In the prosecution of a common enterprise. Such an association of employees Is authorized by stat- . ute to be the policyholder for such contraats of group llf 8 insurance. SeCtiOA 2 of Article 3.51,m requires that the group health, accident, accidental death and Hon. Robert S. Calvert, page 5 (v-1374) dismemberment, ~&ndhospital, suigioil, l nd/o~~medi~ oal expense Insurance “be subject to all the p?Ovi- sions of any existing or future law8 concorning group 1nsurance.w The .only statutes at present deal- ing with any type OS ngroup Insurance” are the group ~&&& Insurance. statutes and Artlales ?O*Ol-21 of the Insurance Code, which req3lre AOAprOfit group corporations to comply with cer- tain statutiry provisions. It Is manifest that nonproflt’corporatloas organised-pursuant to Article 20.01, m aust corn- ply with the provlslons of Articles 20001 40 20.22 when contracting for group hospital service lnsur- ante covering State employees. In our opinion, this 1s the only existing law relating to group Insurance which is applicable to any of the types of Insurance mentioned In Article 3.5l. We do not think that the Legislature Intended for the group life insurance provisions In Article 3.50 to be applied to insurance for publld,employees procured under Article 3.5l. It Is clear that many of the provlslons of Sections 2, 3, and 5 of Article 3.50 setting out the requirements for policies of group life Insurance are not approprl- ate to other types of group Insurance polllcles; and Articles 20.01 to 20a21 do not impose these requlre- ments OA policies issued by.corporations operating un- der those statutes. Moreover, the provisions of Sec- tion 1 of Article 3.50, specifying the number and per- centage of employees which must be Insured and other conditions for the Issuance of group life Insurance policies, are not applicable to other types of group Insurance policies Issued on behalf of the employees of a private employer. We are of the OPIAIOA that the Legislature did not Intend to make the aoqulrement, of these group olicles more onerous for State employ- ees than It wouEd be for a comparable group of private employees. IA our.oplnlon, the purpose of Section 2 of Article’ 3. $il Is to provide that as each o,f the spe- cific types of insurance Is put under statutory regu- lation, the provision.4 shall also apply to the same types of polloies on public employees. Section 1 of Article 3.53. authorizes Sta.te departments and agencies and associations of public ~amployoesto procure the type8 of group insurance enum- erat cd therein. We think it Is WithlA the discretion of each department ,head to dec4do whether and with. whom .~ . ... ) . : ’ , :;,“ll’ contract for Insurance covering his amploy- iuheil contracts have been made in accordance witi this section, either by the head of the depart- ment or by an association of public employees, the employer is authorized to deduot the premiums from -the emp10yee~s salary upon written authorization of the as$loy ee ‘; Therefore, when payroLls have been certified to you showing deductions for an author- ized group for any of these types of group insurance, you are required to make the proper deductions from the salary warrants, If the contract is with a cor- poratlon,.organized under Article 20.01 & w. of the ?, Insurzxma Code, the employer or association must be &atlsfied that ths corporation has the certificate ..’ requiredby Article 20.02(d) before making deductions and authorizing the lssuancr of warrants to the cor- poration covering deductions for group hospital sefv- lee insnranc%. SUMMARY. The Comptroller is authorized by statute (A t. 3.50,Insurance Code) to make payro f 1 deductions for group life insurance premiums of State employees If a policy Issued to a dapartment,head or an association of public employees has been approved by the Board of Insur- ance Commissioners. The ComptroUer Is authorized by statute (Art. 3.51,Insurance Code) to make payroll deductions ior group health, aoizldent, accidental death and dlsmember- ment, and hospital, surgloal; and/or med- ical expanse insurance policies of Stat% employees if the policies have beeti pro- cured by the head of a proper State unit .,: or by ofi aasoclation of public employee& AF’PROVED: Yours yery truly, C. X. Richards PRICE DANIEL Trial & Appellate~ DiViSlOn Attorney Generti E. Jacobson Reviewing Assistant Charles D. Mathews First AssistaAt Assistant BWTrvb ,