dissenting:
Since I agree with the interpretation of the statute rendered by the Superior Court, I am constrained to respectfully dissent from the majority opinion.
Specifically, I agree with the Court below that § 5202(a) “requires the State to pay on behalf of each eligible public employee either 100% of the cost of a basic individual health insurance plan or 75% of the cost of a basic family health insurance plan, whichever is greater.” * I also agree with the Superior Court that § 5202(d):
“requires a public agency employer to supplement the State’s payments under subsection (a) as necessary to provide its employees with the same level of health care benefits as they were entitled to receive by contract, agreement or otherwise as of April 1, 1979. The precise extent of a public agency employer’s monetary obligation under subsection (d) will be determined by computing the cost of benefits to which its employees are entitled and subtracting the amount which the State is required to contribute under subsection (a).”
As I read subsection (d), its primary purpose is to transform public agency contractual obligations as of April 1, 1979, to provide health care benefits into statutory obligations. Thus, those agencies providing such benefits as of the key date at a level in excess of that provided by the State under subsection (a) must continue to provide such increased benefits until relieved from doing so by the General Assembly, as perhaps through legislation increasing the State’s contributions under subsection (a). I find nothing in the language of § 5202 to indicate that the General Assembly intended for the operation of subsection (d) to somehow supplant, in whole or part, the State’s obligations under subsection (a). In my opinion § 5202 is a clear and unambiguous expression of legislative intent to provide public employees with a minimum uniform level of health insurance coverage, as established by subsection (a), while also requiring the continuation of any additional benefits which public agency employers may have been providing as of April 1, 1979.
Section 5202(a) was again amended during the pendency of this appeal by 62 Del.Laws, c. 294, effective July 1, 1980. This amendment increases the State’s obligation under § 5202(a) from 75% to 100% of the cost of a basic family or a basic subscriber and child health insurance contract.