North Carolina HB 1083: Huntersville Ocular Melanoma Study Funds.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 3
HOUSE BILL 1083
Committee Substitute Favorable 5/12/26
Committee Substitute #2 Favorable 6/30/26

Short Title: Voluntary Portable Benefits Plan Act. (Public)
Sponsors:
Referred to:
April 30, 2026
*H1083-v-3*
A BILL TO BE ENTITLED 1
AN ACT TO ENACT THE VOLUNTARY PORTABLE BENEFITS PLAN ACT. 2
The General Assembly of North Carolina enacts: 3
SECTION 1. Chapter 66 of the General Statutes is amended by adding a new Article 4
to read: 5
"Article 53. 6
"Voluntary Portable Benefits Plan Act. 7
"§ 66-530. Title; definitions. 8
(a) This Article is known and may be cited as the "Voluntary Portable Benefits Plan Act." 9
(b) The following definitions apply in this Article: 10
(1) Bank. – A banking corporation entitled to operate in this State under Chapter 11
53C of the General Statutes with deposits insured by the Federal Deposit 12
Insurance Corporation. 13
(2) Commissioner. – The Commissioner of the North Carolina Department of 14
Labor. 15
(3) Compensation. – Remuneration for services performed by an independent 16
contractor. 17
(4) Contribution. – Funds deposited into a portable benefits account. 18
(5) Contributor. – A person or entity, other than the account owner and including 19
a hiring party, who makes a contribution to a portable benefit account. 20
(6) Hiring party. – A person or entity, whether public or private, including an 21
internet or application-based company, who hires or enters into a contract for 22
the performance of work with an independent contractor. 23
(7) Independent contractor. – As defined in G.S. 96-1(b)(19). 24
(8) Portable benefit account or account. – An account owned by an independent 25
contractor that is administered by a portable benefit account provider and used 26
to fund the purchase of one or more portable benefit plans. 27
(9) Portable benefit account provider or account provider. – Any of the following 28
that administer a portable benefit account: 29
a. A bank. 30
b. An investment management firm. 31
c. A technology provider or program manager that offers services 32
through a bank or investment management firm. 33
d. Any other person who demonstrates to the satisfaction of the 34
Commissioner that the manner in which the person administers 35

General Assembly Of North Carolina Session 2025
Page 2 House Bill 1083-Third Edition
portable benefit accounts is consistent with the requirements under 1
G.S. 66-532. 2
(10) Portable benefit plan. – A plan that meets all of the following conditions: 3
a. It funds benefits permissible under G.S. 66-531(c). 4
b. It is chosen by an independent contractor and is assigned to a 5
beneficiary other than a hiring party. 6
c. It is administered by a third-party portable benefit plan provider. 7
(11) Portable benefit plan provider. – A person or entity licensed or otherwise 8
authorized to offer insurance or benefit plans in the State. 9
"§ 66-531. Portable benefit accounts; contributions; ownership; applicability. 10
(a) Voluntary Contributions; Written Agreement. – Any person or entity, including an 11
internet or application-based entity, may make a contribution to a portable benefit account. The 12
following provisions apply to a hiring party that makes a contribution to a portable benefit 13
account owned by an independent contractor with whom the hiring party has entered into a 14
contract for the performance or work: 15
(1) The independent contractor must affirmatively opt in through an express 16
written agreement that is clear, unambiguous, and prominently displayed 17
either in a work contract or a separate invoice. The agreement must indicate 18
that the making of contributions by a hiring party and the receipt of 19
contributions by an independent contractor are voluntary and must allow the 20
independent contractor to opt out at any time. 21
(2) The hiring party shall not induce or require an independent contractor to 22
maintain an account with a specific portable benefit account provider as a 23
condition of receiving contributions. 24
(3) The hiring party shall treat contributions as compensation. 25
(b) Ownership and Portability. – A portable benefit account is at all times the sole 26
property of the independent contractor who owns it. Funds in the account, including contributions 27
and earnings, are not subject to claims of a contributor or the account's creditors arising from the 28
hiring relationship and do not revert to the hiring party. A hiring party has no ownership, 29
reversionary, or control interest in a portable benefit account. The account owner may, at any 30
time and without penalty, beyond reasonable disclosed transfer costs, (i) cease contributions, (ii) 31
change the portable benefit plans purchased through the account, and (iii) transfer the account 32
balance to another qualified portable benefit account provider. 33
(c) Permitted Use of Funds. – Portable benefit account funds may be used only to 34
purchase portable benefit plans for the benefits lis