PEBP Important Notices

By law, PEBP is required to protect the privacy of your personal medical information. PEBP is also required to give you this notice to tell you how PEBP may use and give out ("disclose") your personal medical information held by PEBP.   You can read PEBP's disclosure notice by clicking here.

You can read more about the National Defense Authorization Act (NDAA) by visiting the US Department of Labor website. 

For more information on the HEART Act (Heroes Earning Assistance and Relief Tax), you can visit the IRS website by clicking here.

There is a list of required notices regarding USERRA (Uniformed Services Employment and Reemployment Rights Act) on the US Department of Labor website, which you can view by clicking here.

The ADA Amendments Act, effective January 1, 2009, changes the language regarding any condition that substantially limits a major life activity will be considered a disability, even if the individual can offset or compensate for the disability with the mitigating measures such as hearing aids or artificial limbs.  These provisions of the bill were designed to essentially overturn several Supreme Court decisions that found that individuals who could compensate for their disabilities were not afforded under the protection of the ADA.  You can read more about the ADA and the Amendments Act by visiting the US Equal Employment Opportunity Commission at: www.eeoc.gov/ada.

The Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 goes into effect for PEBP on July 1, 2010.  This legislation requires that full parity be established between mental health/ substance abuse benefits and other surgical and medical benefits offered under the Plan.  You can find more information by clicking here.

The Genetic Information Nondiscrimination Act of 2008 (GINA) was enacted May 21, 2008.  Title I (regarding genetic nondiscrimination in group health plans) is effective for plan years beginning after May 21, 2009.  Title II (regarding genetic nondiscrimination in employment) becomes effective November 21, 2009.  GINA amends ERISA, the Code and Public Health Service Act to prevent group health plans and health insurance companies from basing enrollment decisions, premium costs, or participant contributions on genetic information.  Group health plans and group insurers will be prohibited from requiring that individuals undergo genetic testing.  Employers are preventing conditioning of hiring or firing decisions on the basis of genetic information.  Lastly, GINA will extend medical privacy and confidentiality rules to the disclosure of genetic information.  Currently, PEBP and the State of Nevada do not use genetic information in regards to either employment or the determination of benefits.  Genetic testing is a plan exclusion.  You can read more about GINA by clicking here.

Changes to NAC and NRS Regarding the PEBP Plan and Your Coverage: 

• NAC 287.530(6)- Dependents are not permitted to enroll in the PEBP Plan if a retiree is not enrolled at the time of the his/ her death

• NAC 287.320- Retirees enrolled in the PEBP as of November 30, 2008 are still eligible to continue participation in the PEBP subsequent to November 30, 2008 even if their local employer opts out of the Plan.  Effective January 30, 2008, these employees are still eligible to participate.

• NAC 287.587- All opt-out plans are considered covered entities by PEBP and are subject to HIPAA’s privacy regulations.

• NAC 287.312(2)- For continued enrollment of an over age child with a disability, the child must have been covered under PEBP on his or her 19^th birthday, or has been receiving continuous coverage since age 18 under another group health plan or creditable coverage.  A "spouse" is required to live together with the employee unless working out of the area or for an over age child with a disability (definition of "dependent children") to continually reside with the employee except for those living in an institution. 

• NAC 287.095- Employees on a biennial working schedule and former members of the school district board of trustees are eligible to participate in PEBP.

• NAC 287.135- The five year service credit requirement in the definition of “retired officer or employee”, as amended effective January 30, 2008, the participation requirements for those retired officers who are eligible to participate in the PEBP because they are receiving a distribution from a public employer’s long-term disability plan. The five year full time participation requirement for those eligible to participate in the PEBP  because they are receiving a distribution of benefits from a retirement program offered by the Nevada System of Higher Education.

• NAC 287.317- Members of the professional staff of the Nevada System of Higher Education must submit an election form within 30 days after their hire date; otherwise, they will be placed in PEBP's base plan.

• NAC 287.680- An appeal request for a Level 2 Review must include a copy of the Level 1 review request, a copy of the decision made on review any any other documentation provided to the claims administrator by the participant.

• NAC 287.690- With respect to a Level 3 Appeal, the Executive Officer must prepare a written report concerning the appeal and present the report to the Board at its next meeting.  In addition, when the participant is notified of the time and place of the meeting in which his or her claim will be reviewed, a copy of this report must also be provided.   

• NAC 287.450- An employee to the extent he or she is receiving a paycheck, has an option to have the cost of his or her premiums deducted from that paycheck.

• NRS 287.045- A retiring officer or employee of a local governmental agency who had not been a participant in the PEBP at the time of his or her retirement is no longer eligible to participate as a retiree, nor is he or she eligible to be reinstated at a later date.