8-27-309 - Participation by surviving spouse and dependent children of deceased members of national guard.
8-27-309. Participation by surviving spouse and dependent children of deceased members of national guard.
(a) The surviving spouse and eligible dependent children of a local education employee maintaining family coverage through the local education plan, 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 local education employees established pursuant to § 8-27-302(a)(1).
(b) The surviving spouse's cost and dependent children's cost of the coverage provided in this section shall be equal to twenty percent (20%) of the monthly premium for active employee coverage. The military department shall pay the balance of the monthly premium.
(c) The criteria for determination of eligibility of dependent children shall be the same as those established by the local education insurance committee for participating 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 local education 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 local education 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, § 2.]