Tennessee Senate votes to deny convicted lawmakers health insurance benefits
The Tennessee Senate has passed SB 2205 with a floor vote (32 ayes and 0 Noes) that denies a convicted lawmaker access to state health insurance benefits. It now is up to the Tennessee House to vote on this bill.
Click on the links below for more information on this issue that occurred last year when this subject was defeated
Naifeh backs killing of bill revoking benefits
Nathan Vaughn supports taxpayer funded insurance for convicted felons
SB 2205 by *Johnson, Tracy, Black. (*HB 2349 by *Dennis, Campfield, Faulkner, Haynes, Rich, Shipley, Carr, Eldridge.)
Pensions and Retirement Benefits – As introduced, requires forfeiture of access to health insurance benefits by any member of the general assembly convicted of a felony involving public office. – Amends TCA Title 8.
Fiscal Summary
Other Fiscal Impact – If one current or former member of the General Assembly is convicted of a felony during FY09-10, and this individual is of average age, with an average life expectancy, total state expenditures could decrease by an amount estimated to exceed $880,000 over the individuals remaining life (an average of $35,400 per year for 25 years).
Bill Summary
Present law authorizes any member of the general assembly, upon retirement, and any governor, upon completion of a term of office, to elect to retain state employees’ health group insurance by paying the monthly premium. The surviving spouse or dependent children of any member of the general assembly or governor, who dies in office or who is a member of the state retirement system may elect to participate in the state employees’ health group insurance plan by continuing to pay the monthly contribution attributable to the deceased person’s service. Should the surviving spouse or dependent children be ineligible to receive a retirement benefit, the spouse may participate in the state employees’ health group insurance program by making payment for the required cost to the office of legislative administration.
This bill prohibits any member or former member of the general assembly from electing to retain state employees’ health group insurance if that person is convicted in any court of this state, or in any federal court, of a felony arising out of that person’s official capacity as a member of the general assembly. If the spouse or dependent children of the member or former member is otherwise eligible to participate in the state employees’ health group insurance plan but for the conviction, then the coverage must continue to be available provided the monthly contributions are made. Upon initial conviction, or upon a plea of guilty or nolo contendere, the benefits of any such convicted person who participates in the state employees’ health group insurance would immediately be stopped, and the person would not be entitled to any refund of premiums, co-payments or other costs previously paid to retain the insurance. If the conviction of the person is later overturned and the person is acquitted, or is granted a full pardon, the former member may elect to participate in the health insurance coverage on the first day of the following month.
This bill would take effect on November 2, 2010.
NOTE: It appears that the reference to "former governor" in the last sentence of Section 1 should be deleted.
ON MAY 4, 2009, THE SENATE ADOPTED AMENDMENT #1, AS AMENDED BY AMENDMENT #1 TO 1, AND PASSED SENATE BILL 2205, AS AMENDED.
AMENDMENT #1, AS AMENDED, corrects the typographical error noted in the bill summary and clarifies that only felony convictions that occur after the effective date of this bill will serve to disqualify a member or former member from continued participation in the state employees’ group health plan.
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