(1) The board may develop, maintain, and amend a statewide health-care defined benefit plan, including a plan document, that complies with the qualification requirements specified under the internal revenue code, as applicable to governmental plans. The purpose of such plan shall be to provide a defined benefit to assist in paying for the costs of health care for each retired eligible member. (2) The board may conduct an election of all eligible members for the purpose of determining whether the eligible members want to participate in the statewide health-care defined benefit plan created pursuant to subsection (1) of this section. If sixty-five percent of all eligible members vote in favor of participating in the plan, all eligible members shall be required to participate in such plan, except as provided in subsection (3) of this section. (3) The board shall certify the results of the election held pursuant to subsection (2) of this section, including the vote total for the eligible members of each employer. The board shall mail a copy of the certification to each employer within ten days after the certification. If less than a majority of an employer's eligible members vote in favor of participating in the statewide health-care defined benefit plan, the employer, on behalf of its eligible members, may elect not to participate in the plan. Such election by the employer must be made within ninety days after the certification of the election results by the board. (4) Contributions to the statewide health-care defined benefit plan shall be the responsibility of the eligible members, unless an eligible member's employer elects to pay all or a portion of his or her contribution. All of the contributions shall be credited to the defined benefit system trust fund. (5) The board shall administer the statewide health-care defined benefit plan on an actuarially sound basis. Neither the state nor any employer shall be liable for any unfunded accrued liability of the plan. (6) As used in this section, unless the context otherwise requires: (a) "Eligible member" means each member who participates in a statewide retirement plan administered by the board pursuant to this title. (b) "Internal revenue code" shall have the same meaning as provided in section 31-31- 204 (3).
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