8-27-211 - Participation by surviving spouse and dependent children of deceased members of national guard.
8-27-211. Participation by surviving spouse and dependent children of deceased members of national guard.
(a) The surviving spouse and eligible dependent children of a state employee maintaining family coverage, who is a member of the Tennessee army national guard or the Tennessee air national guard, who has been activated for federal duty or who has been called up on state active duty, and who is subsequently killed in the performance of that duty, may participate in the group health insurance plan for state employees established pursuant to § 8-27-201.
(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 the same coverage. The military department shall pay the employer portion of the premium.
(c) The criteria for determination of eligibility of dependent children shall be the same as those established by the state insurance committee for state employees and their families.
(d) In the event that the surviving spouse becomes eligible for insurance coverage through a subsequent marriage, the extension of coverage authorized 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 pre-existing 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 to September 11, 2001. 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 2005, ch. 376, § 1.]