8-27-208 - State employees killed in performance of duty Coverage of surviving spouse and dependents.
8-27-208. State employees killed in performance of duty Coverage of surviving spouse and dependents.
(a) The surviving spouse of a state employee killed in the performance of duty may continue to participate in the group health insurance plan for state employees. The coverage may include the surviving spouse and any dependent children. Such children shall be subject to the same eligibility provisions applicable to active employees and their children.
(b) The surviving spouse's cost and dependent children's cost of the coverage provided in this section shall be equal to the amount paid by active employees for their coverage. The agency employing the employee at or immediately preceding the employee's death shall pay the employer portion of the premium.
(c) For purposes of this section, the determination as to whether a state employee was killed in the performance of duty shall be made pursuant to title 9, chapter 8.
(d) In the event that the surviving spouse is or becomes eligible for insurance coverage through a subsequent marriage or employment, the extension of coverage required in this section shall be terminated on the first day of the following month. The state insurance committee may establish specific conditions for extensions in instances where preexisting conditions may apply during such transfer of coverage.
(e) In the event that insurance coverage under the state plan is terminated for the surviving spouse pursuant to subsection (d), but the surviving spouse is unable to secure, through the new coverage, insurance coverage for the eligible dependent children, such children may continue coverage under the provisions of this section; provided, that they continue to meet all dependent eligibility requirements.
(f) The provisions of this section shall be retroactive. As individuals who are qualified for such extension are identified, elect coverage and pay the appropriate contribution, the coverage shall be provided on a prospective basis.
[Acts 1990, ch. 827, § 1; 1991, ch. 159, § 1; 1992, ch. 841, § 1.]