As Amended
SEC. 25-17-3. Authority of state agency or local government entity to adopt cafeteria fringe benefit plan.
Notwithstanding any other benefit plan offered to any eligible employee of a state agency or local governmental entity, all state agencies shall, and any local governmental entity may contract for and adopt a benefit plan which meets the requirements of a cafeteria plan as defined in Section 125 et seq. of the Internal Revenue Code of 1986, and regulations thereunder, for the benefit of eligible employees and their dependents. Provided, however, that the maximum benefit available under a health flexible spending account shall be Five Thousand Dollars ($5,000.00) per participating employee per plan year, unless federal Internal Revenue Service regulations allow that the available benefit at any point in time may be limited by the premium paid as of that point in time. It is further provided that any state agency or local governmental entity may contract for insurance to cover its potential for loss under a health flexible spending account.
SOURCES: Laws, 1986, ch. 513, Sec. 2; reenacted, 1987, ch. 345, Sec. 2; 1989, ch. 529, Sec. 2; 1990, ch. 533, Sec. 1; 1991, ch. 599, Sec. 1, eff from and after July 1, 1991.