<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".03" citation="COMAR 17.04.13.03" title_num="17" subtitle_num="04" chapter_num="13" heading="Eligibility for Coverage and Subsidy.">
  <paragraph num="A.">
    <text>Eligible Persons. The following persons are eligible for Program coverage, with the exception of those persons listed in §B of this regulation:</text>
    <paragraph num="(1)">
      <text>Employees whose coverage is required by law, full-time employees, and part-time employees as defined by State Personnel and Pensions Article, §7-701, Annotated Code of Maryland, who are regularly paid salary or wages through an official State payroll center, including but not limited to:</text>
      <paragraph num="(a)">
        <text>Central Payroll Bureau;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Maryland Transit Administration; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The institutions of the University System of Maryland, including graduate assistants, and the Far East and European Divisions of the University of Maryland;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Elected officials;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Registers of wills and employees of the offices of registers of wills;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Clerks of court and employees of the offices of clerks of court;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Board or commission members who are regularly paid salary or wages and who work at least 50 percent of a normal workweek;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Designated beneficiaries of deceased persons listed in §A(1)—(5), (7), and (8) of this regulation in accordance with State Personnel and Pensions Article, §§2-507, 2-508 and 2-509, Annotated Code of Maryland, with the following limitations:</text>
      <paragraph num="(a)">
        <text>In the case of more than one dependent child receiving the allowances or distributions noted above, each dependent child who receives the allowance or distribution is eligible to enroll independently; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Notwithstanding any other provision in this regulation, a surviving spouse or surviving child must meet the requirements to be a dependent eligible for coverage as provided in §A(9) of this regulation;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(7)">
      <text>Retired employees who began State service on or before June 30, 2011, or who began State service on or after July 1, 2011 and are retirees of the Judges’ Retirement System, and who qualify in accordance with §§A(7)(a) and (b) of this regulation. Neither service as a faculty member, teacher, or staff member for a community college or a local board of education prior or subsequent to State service, nor membership in the Teachers’ Pension or Retirement Systems, shall in itself disqualify a former State employee who is otherwise eligible under §A(7)of this regulation. The only retired employees eligible for benefits under §A(7) of this regulation are those who:</text>
      <paragraph num="(a)">
        <text>Receive a retirement allowance pursuant to State Personnel and Pensions Article, Division II, Annotated Code of Maryland, and who have:</text>
        <paragraph num="(i)">
          <text>Retired directly from State service with a State retirement allowance on or after July 1, 1984, provided that the employee had at least 5 years of creditable service;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Terminated State service with 16 years or more of creditable service;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Terminated State service before July 1, 1984; or</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Terminated State service with 10 years of creditable service and within 5 years of normal retirement age; or</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>Receive a periodic distribution of benefits from the Maryland Optional Retirement Program under State Personnel and Pensions Article, Title 30, Annotated Code of Maryland, and who have:</text>
        <paragraph num="(i)">
          <text>Ended service with a State institution of higher education with at least 10 years of service and were at least age 57;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Ended service with a State institution of higher education with at least 16 years of service; or</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Retired directly from and had at least 5 years of service with a State institution of higher education on or after July 1, 1984;</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(8)">
      <text>Retired employees who began State service on or after July 1, 2011, and who qualify in accordance with §A(8)(a) and (b) of this regulation. Neither service as a faculty member, teacher, or staff member for a community college or a local board of education prior or subsequent to State service, nor membership in the Teachers’ Pension or Retirement Systems, shall in itself disqualify a former State employee who is otherwise eligible under §A(8) of this regulation. The only retired employees eligible for benefits under §A(8) of this regulation are those who:</text>
      <paragraph num="(a)">
        <text>Receive a retirement allowance pursuant to State Personnel and Pensions Article, Division II, Annotated Code of Maryland, and who have:</text>
        <paragraph num="(i)">
          <text>Retired directly from State service with a State retirement allowance provided that the employee had at least 10 years of creditable service;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Terminated State service with 25 years or more of creditable service; or</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Terminated State service with 10 years of creditable service and within 5 years of normal retirement age; or</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>Receive a periodic distribution of benefits from the Maryland Optional Retirement Program under State Personnel and Pensions Article, Title 30, Annotated Code of Maryland, and who have:</text>
        <paragraph num="(i)">
          <text>Ended service with a State institution of higher education with at least 10 years of service and were at least age 57;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Ended service with a State institution of higher education with at least 25 years of service; or</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Retired directly from and had at least 10 years of service with a State institution of higher education on or after July 1, 2011;</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(9)">
      <text>Dependents of eligible persons listed in §A(1)—(5), (7), (8), (10), and (11) of this regulation who are one of the following:</text>
      <paragraph num="(a)">
        <text>A spouse of an employee or retired employee; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A dependent child or another dependent child relative of an employee or retired employee, as identified in this chapter.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(10)">
      <text>Employees working less than 50 percent of a normal workweek and their designated beneficiaries, in accordance with Regulation .04B(3) of this chapter; and</text>
    </paragraph>
    <paragraph num="(11)">
      <text>Contractual employees regularly working at least 30 hours per week, or an average of 130 hours per month, in accordance with 26 USC § 4980(H) and Regulation .04B(2) of this chapter.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Ineligible Dependents.</text>
    <paragraph num="(1)">
      <text>Dependents of persons who are ineligible are likewise ineligible for coverage.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>When both spouses are covered as an employee or retired employee, neither is eligible to be enrolled both as a dependent under the spouse's coverage and as an employee or retiree for the same benefits plan. Dependent children of these individuals may be enrolled under either parent's coverage, but not both for the same benefits plan. An employee or retiree may provide coverage for his or her spouse who is also an employee provided that the spouse is not enrolled for coverage under the same benefits plan as an employee or retiree.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Dependent children of employees who are also employees are not eligible to be enrolled as dependents under their parent's coverage if they have enrolled as individuals.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Subsidy.</text>
    <paragraph num="(1)">
      <text>Except as provided in Regulation .04B of this chapter for contractual and part-time employees, the State subsidy as provided in the State budget for active employees is available to those individuals identified in §A(1)—(5) of this regulation and their dependents as described in §A(9) of this regulation.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The State subsidy available for individuals described in §A(6) of this regulation shall be determined as provided in Regulation .05 of this chapter.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The State subsidy available for individuals described in §A(7) and (8) of this regulation and their dependents as described in §A(9) of this regulation shall be determined as provided in Regulation .05 of this chapter, provided that the dependents of those retired employees described in §A(7)(b) and (8)(b) of this regulation are not entitled to any State subsidy unless the retired employee has a total of 25 or more years of service with the State in a permanent, non-contractual position in the Executive, Judicial, or Legislative branch of State government. Prorated credit for service is provided for less than full-time service in such positions.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Contractual employees regularly working more than 30 hours per week, or more than an average of 130 hours per month, shall be provided a State subsidy of 75 percent of the premium cost for medical and prescription drug coverage. A measurement period may be necessary to establish the contractual employee’s eligibility for the State subsidy.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Employees working less than 50 percent of the workweek and contractual employees working less than 30 hours per week or 130 hours per month, as determined by either the employment contract or the Affordable Care Act measurement period analysis, shall not be provided a State subsidy.</text>
    </paragraph>
  </paragraph>
</regulation>