FIRST REGULAR SESSION
SENATE BILL NO. 132
92ND GENERAL ASSEMBLY
INTRODUCED BY SENATOR LOUDON.
Pre-filed December 1, 2002, and 1,000 copies ordered printed.
TERRY L. SPIELER, Secretary.
0390S.01I
AN ACT
To repeal section 33.103, RSMo, and to enact in lieu thereof one new section relating to cafeteria plans for state employees.
Section A.Section 33.103, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 33.103, to read as follows:
33.103.1.Whenever the employees of any state department, division or agency establish any voluntary retirement plan, or participate in any group hospital service plan, group life insurance plan, medical service plan or other such plan, or if they are members of an employee collective bargaining organization, or if they participate in a group plan for uniform rental, the commissioner of administration may deduct from such employees' compensation warrants the amount necessary for each employee's participation in the plan or collective bargaining dues, provided that such dues deductions shall be made only from those individuals agreeing to such deductions.Before such deductions are made, the person in charge of the department, division or agency shall file with the commissioner of administration an authorization showing the names of participating employees, the amount to be deducted from each such employee's compensation, and the agent authorized to receive the deducted amounts.The amount deducted shall be paid to the authorized agent in the amount of the total deductions by a warrant issued as provided by law.
2.The commissioner of administration may, in the same manner, deduct from any state employee's compensation warrant:
(1)Any amount authorized by the employee for the purchase of shares in a state employees' credit union in Missouri;
(2)Any amount authorized by the employee for contribution to a fund resulting from a united, joint community-wide solicitation or to a fund resulting from a nationwide solicitation by charities rendering services or otherwise fulfilling charitable purposes if the fund is administered in a manner requiring public accountability and public participation in policy decisions;
(3)Any amount authorized by the employee for the payment of dues in an employee association;
(4)Any amount determined to be owed by the employee to the state in accordance with guidelines established by the commissioner of administration which shall include notice to the employee and an appeal process;
(5)Any amount voluntarily assigned by the employee for payment of child support obligations determined pursuant to chapter 452 or 454, RSMo; and
(6)Any amount authorized by the employee for contributions to any "qualified state tuition program" pursuant to Section 529 of the Internal Revenue Code of 1986, as amended, sponsored by the state of Missouri.
3.The commissioner of administration may establish a cafeteria plan in accordance with Section 125 of Title 26 United States Code for state employees.The commissioner of administration must file a written plan document to be filed in accordance with chapter 536, RSMo.Employees must be furnished with a summary plan description one hundred twenty days prior to the effective date of the plan.In connection with such plans, the commissioner may:
(1)Include as an option in the plan any employee benefit, otherwise available to state employees, administered by a statutorily created retirement system;
(2)Provide and administer, or select companies on the basis of competitive bids or proposals to provide or administer, any group insurance, or other plan which may be included as part of a cafeteria plan, provided such plan is not duplicative of any other plan, otherwise available to state employees, administered by a statutorily created retirement system; [and]
(3)Include products from vendors if the product is eligible under Section 125 of Title 26 of the United States Code, the vendor is approved by the office of administration to provide benefits on a payroll-deduction basis, and the vendor is receiving in excess of five hundred thousand dollars annually from state employees through voluntary payroll deductions; and
(4)Reduce each participating employee's compensation warrant by the amount necessary for each employee's participation in the cafeteria plan, provided that such salary reduction shall be made only with respect to those individuals agreeing to such reduction.No such reduction in salary for the purpose of participation in a cafeteria plan shall have the effect of reducing the compensation amount used in calculating the state employee's retirement benefit under a statutorily created retirement system or reducing the compensation amount used in calculating the state employee's compensation or wages for purposes of any workers' compensation claim governed by chapter 287, RSMo.
4.Employees may authorize deductions as provided in this section in writing or by electronic enrollment.