38-651.05. Flexible or cafeteria employee benefit plan; fund; exception

A. The department of administration is authorized to establish a flexible or cafeteria employee benefit plan which may provide for deductions or salary reductions for group life insurance, disability insurance, group accidental death and dismemberment insurance, long-term care coverage, health and accident insurance or other authorized employee benefits, which meet the requirements of the United States internal revenue code of 1986 and regulations thereunder and to adopt rules for its administration.

B. The department of administration shall determine the frequency of payroll deductions for purposes of this section for those state officers or employees under payroll systems under the direction of the department of administration. For all other state officers or employees under other state payroll systems, the appropriate state agency, board, commission or institution shall determine the frequency of payroll deductions for purposes of this section.

C. A flexible or cafeteria employee benefit plan fund is established. Monies received by the department of administration from employee contributions to the flexible or cafeteria employee benefit plan established pursuant to subsection A shall be deposited in the fund or deposited directly with a third party under contract with the department of administration to administer the plan. Investment earnings shall be deposited to the credit of the fund.

D. The department of administration shall use any monies remaining in the fund or on deposit with a third party under contract to administer the plan at the end of each fiscal year in the following priority:

1. To cover the costs to this state of administering the flexible or cafeteria employee benefit plan under subsection A.

2. After payment of the administrative costs, the remainder shall be used to reduce in a uniform manner the employee and employer contributions to benefits included under a flexible or cafeteria employee benefit plan.

E. Notwithstanding the provisions of subsection A, the flexible or cafeteria employee benefit plan shall not provide cash as an employee benefit. Monies used in accordance with subsection D to establish, fund and administer dependent care accounts or similar accounts, shall not be considered providing cash as an employee benefit.