AGO 98032.

• Court: Nebraska

Nebraska Attorney General Opinions 1998. AGO 98032. DATE: August 5, 1998SUBJECT: Insurance Benefits For Temporary EmployeesREQUESTED BY: Douglas D. Christensen, Commissioner of EducationWRITTEN BY: Don Stenberg, Attorney General Lauren H. Hill, Assistant Attorney General This opinion is written in response to your request that we interpret statutory changes made to Neb. Rev. Stat. § 84-1601 during the most recent legislative session. Specifically, you have requested that we opine as to whether the statute authorizes the Nebraska Department of Education ["NDE"] to extend specified insurance benefits to temporary employees who are directly hired by the NDE from sources other than the temporary employee pool which has been established, pursuant to Neb. Rev. Stat. § 81-1307(6) (Supp. 1997), within the Nebraska Department of Administrative Services. Prior to the 1998 legislative session, only permanent state employees were entitled to receive health, disability, and dental insurance benefits provided by the Nebraska State Insurance Program. See Neb. Rev. Stat. § 84-1601 - § 84-1615 (1994). Earlier this year, the Unicameral enacted LB 1162, a measure which expanded insurance benefits to "temporary" state employees as follows: Temporary employees of the state who have a work assignment of at least six months' duration and who work at least twenty hours per week may purchase health insurance through the Nebraska State Insurance Program. ... For purposes of this subsection, temporary employees means individuals (a) employed in the Temporary Employee Pool as described in subdivision (6) of section 81-1307 and (b) hired directly by state agencies. In no event shall a temporary employee mean an individual hired through a private employment agency. The provisions of this subsection shall terminate on July 1, 1999. Neb. Rev. Stat. § 84-1601(2)(as amended by 1998 Neb. Laws, LB 1162, § 85). Therefore, the insurance coverage provided to all state employees shall, effective July 15, 1998, "be afforded to each permanent state employee who works one-half or more of the regularly scheduled hours during each pay period, ... and to each temporary employee only as described in [§ 84-1601(2)]...." Neb. Rev. Stat. § 84-1604 (as amended by 1998 Neb. Laws, LB 1162, § 86). Enactment of LB 1162 also amended Neb. Rev. Stat. § 81- 1307(6) to now provide that (a) The [Director of the...