HB 2013, particularly the portion adding a definition of "dependent" to statute,
prompted a number of inquiries to this agency and raised concerns about
potential changes to health benefits for certain dependents.
Based upon legal advice from the Office of the Attorney General, the definition of
“dependent” for the State insurance plan year beginning October 1, 2009 is not
affected by HB 2013, because any interpretation to the contrary would impair the
lawful contract expectations of state employees in violation of the Arizona
Constitution.
The definition of “dependent” currently in place will remain effective through
September 30, 2010. Please note the definition of dependent defined in HB 2013
will apply as of October 1, 2010.
Further questions concerning the new definition effective October 1, 2010, may be
directed to 602-542-5008.