1. (a) (1) The State Employee Benefits Committee ( “Committee” ) is comprised of the following voting members, or a designee selected by the member:

   1. a. The Lieutenant Governor.
   2. b. The Insurance Commissioner.
   3. c. The Chief Justice of the Supreme Court.
   4. d. The State Treasurer.
   5. e. The Director of the Office of Management and Budget.
   6. f. [Repealed.]
   7. g. The Secretary of the Department of Health and Social Services.
   8. h. Two residents of this State who are eligible pensioners under § 5201 of this title, 1 member appointed by the President Pro Tempore of the Senate and 1 member appointed by the Speaker of the House of Representatives.

   9. i. Two members, 1 member appointed by the President Pro Tempore of the Senate and 1 member appointed by the Speaker of the House of Representatives, from among the following persons:

      1. 1. The President of the Delaware State Education Association.
      2. 2. The Executive Director of the American Federation of State, County and Municipal Employees.
      3. 3. The President of the Correctional Officers Association of Delaware.
      4. 4. The President of the Delaware State Troopers Association.
   10. j. The chair of the Delaware Health Care Commission, who serves as chair of the Committee.
   11. k. The Controller General of the Office of the Controller General.
   12. (2) The Secretary of the Department of Human Resources is a nonvoting member of the Committee and may select a designee to attend meetings of the Committee or a subcommittee.

   13. (3) a. Except as provided under paragraph (a)(3)b. of this section, the appointment term for a member of the Committee is for 2 years.

       1. b. For the initial 2 members appointed under paragraph (a)(1)i. of this section, 1 member must be appointed for a 1-year term and 1 member must be appointed for a 2-year term.

   14. (4) Beginning at the first meeting after January 1, 2025, the Committee shall annually elect a vice-chair. A member is eligible to serve as vice-chair of the Committee if all of the following apply:

       1. a. The member is a voting member of the Committee.
       2. b. The member does not serve as a cabinet secretary or as the equivalent rank within the executive branch.
   15. (5) For purposes of this section, “subcommittee” means a body formed under the authority of the Committee, including a proposal review committee.

2. (b) The Committee has the following powers, duties, and functions:

   1. (1) With the exception of deferred compensation pursuant to Chapter 60A of this title, and any other investment or retirement savings plan, control and management of all employee benefit coverages including health-care insurance and blood bank, pursuant to Chapters 51 and 52 of this title; state employees group life insurance pursuant to Chapter 32 of Title 18; and all other currently existing and future employee benefits coverages, including but not limited to all forms of flexible benefits, dental, vision, prescription, long-term care and disability coverages.
   2. (2) Selection of all carriers or third-party administrators necessary to provide coverages to State employees and eligible pensioners.
   3. (3) Authority to contract on an insured or self insured basis.
   4. (4) Authority to adopt rules and regulations for the general administration of the employee benefit coverages.
   5. (5) Authority to make and enter into any and all contracts with any agency of the State, or any outside agency, for the purpose of assisting in the general administration of this section.
3. (c) All members of the Committee and all legal, actuarial and administrative personnel shall be entitled to reimbursement for those travel and other expenses made necessary by their official duties that are approved by the Director of Statewide Benefits.

4. (d) The Committee shall hold regular meetings at least once every 6 months. Meetings of the Committee and subcommittees are open to the public and must be in accordance with Chapter 100 of this title.

   1. (1) a. A quorum of the Committee is a majority of its voting members. If the Committee is holding a virtual meeting, the chair or vice-chair must attend the meeting at the anchor location.

      1. b. A quorum of a subcommittee is a majority of its voting members.

         1. 1. The chair of a subcommittee must be a voting member of the Committee.
         2. 2. If a subcommittee is holding a virtual meeting, the chair or vice-chair must attend the meeting at the anchor location.
      2. c. A meeting of a subcommittee does not constitute a meeting of the Committee solely because a quorum of the Committee is appointed to the subcommittee or attends a meeting of the subcommittee.

   2. (2) a. Appointed members may attend Committee meetings and subcommittee meetings through a a designee if both of the following apply:

      1. 1. The proposed designee is approved by the appointing authority that appointed the member.
      2. 2. The appointed member provides written approval from the appointing authority to the chair of the Committee or chair of the subcommittee, as applicable.
      3. b. Notwithstanding paragraph (d)(2)a. of this section, an appointed member may not, through a designee, attend meetings of the Retiree Healthcare Benefits Advisory Subcommittee under § 9604(a) of this title.
      4. c. A member of the Committee or a subcommittee who designates another individual to attend a meeting must provide the designation in writing to the chair of the Committee or the chair of that subcommittee, as applicable. An individual attending a meeting for a member as a designee has the same duties and rights as the member.

   3. (3) a. Official action by the Committee requires the approval of a quorum of the Committee.

      1. b. Official action by a subcommittee, including making findings and recommendations, requires the approval, by roll call vote, of a quorum of the subcommittee.

   4. (4) For purposes of approving a request for proposals to select a carrier or third-party administrator for the health care insurance plan for State employees or eligible pensioners, all of the following apply:

      1. a. The Committee must approve the request for proposals by a vote of the Committee during a public meeting under § 10004 of this title.
      2. b. The Committee must provide the meaningful opportunity for public comment required under § 10004(a)(2) of this title before the vote under paragraph (d)(4)a. of this section.
      3. c. The draft request for proposals prepared for the meeting under this paragraph (d)(4) is a public record under § 10002 of this title and must be included with the notice and agenda under § 10004(e)(2) of this title.

72 Del. Laws, c. 204, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 88, §§ 21(13), 39, 40; 75 Del. Laws, c. 227, § 10; 77 Del. Laws, c. 177, § 1; 79 Del. Laws, c. 195, § 1; 81 Del. Laws, c. 66, § 60; 84 Del. Laws, c. 42, § 1; 84 Del. Laws, c. 4, § 1; 84 Del. Laws, c. 282, § 1; 85 Del. Laws, c. 311, § 1