2.2-1205 - Purchase of continued health insurance coverage by the surviving spouse and any dependents of an active or retired local law-enforcement officer, firefighter, etc., through the Department.
§ 2.2-1205. Purchase of continued health insurance coverage by the survivingspouse and any dependents of an active or retired local law-enforcementofficer, firefighter, etc., through the Department.
A. The surviving spouse and any dependents of an active or retiredlaw-enforcement officer of any county, city, or town of the Commonwealth; ajail officer; a regional jail or jail farm superintendent; a sheriff, deputysheriff, or city sergeant or deputy city sergeant of the City of Richmond; amember of any fire company or department or rescue squad that has beenrecognized by an ordinance or a resolution of the governing body of anycounty, city, or town of this Commonwealth as an integral part of theofficial safety program of such county, city or town; or a member of anemergency medical services department, whose death occurs as the direct orproximate result of the performance of his duty, including the presumptionsunder §§ 27-40.1, 27-40.2, 51.1-813, and 65.2-402, shall be entitled, uponproper application to the Department, to purchase continued health insurancecoverage on the following conditions: (i) on the date of death, the deceasedparticipated in a health insurance plan administered by the Departmentpursuant to § 2.2-1204 and (ii) on the date of the deceased's death, theapplicants were included in the health insurance plan in condition (i) ofthis subsection. The health insurance plan administered by the Departmentpursuant to § 2.2-1204 shall provide means whereby coverage for the spouseand any dependents of the deceased as provided in this section may bepurchased. The spouse and any dependents of the deceased who purchasecontinued health insurance coverage pursuant to this section shall pay thesame portion of the applicable premium as active employees pay for the sameclass of coverage, and the local government employer that employed thedeceased shall pay the remaining portion of the premium.
B. Any application to purchase continued health insurance coverage hereundershall be made in writing to the Department within sixty days of the date ofthe deceased's death. The time for making application may be extended by theDepartment for good cause shown.
C. In addition to any necessary information requested by the Department, theapplication shall state whether conditions (i) and (ii) set forth insubsection A of this section have been met. If the Department states thatsuch conditions have not been met, the Department shall conduct an informalfact-finding conference or consultation with the applicant pursuant to §2.2-4019 of the Administrative Process Act. Upon scheduling the conference orconsultation, the provisions of the Administrative Process Act (§ 2.2-4000 etseq.) shall apply thereafter.
D. Upon payment of any required premiums, coverage shall automatically beextended during the period for making application and shall be effectiveretroactive to the date of the deceased's death.
E. The terms, conditions, and costs of continued health insurance coveragepurchased hereunder shall be subject to administration by the Department. TheDepartment may increase the cost of coverage consistent with itsadministration of health insurance plans under § 2.2-1204. However, at notime shall a surviving spouse or dependents pay more for continued healthinsurance coverage than active employees pay under the same plan for the sameclass of coverage.
F. For the surviving spouse, continued health insurance coverage purchasedhereunder shall automatically terminate upon occurrence of any of thefollowing: (i) death, (ii) remarriage, (iii) alternate health insurancecoverage being obtained, or (iv) any applicable condition outlined in thepolicies and procedures of the Department governing health insurance plansadministered pursuant to § 2.2-1204.
G. For any surviving dependents, continued health insurance coveragepurchased hereunder shall automatically terminate upon occurrence of any ofthe following: (i) death; (ii) marriage; (iii) alternate health insurancecoverage being obtained; (iv) attaining the age of twenty-one, unless thedependent is (a) a full-time college student, in which event coverage shallnot terminate until such dependent has either attained the age of twenty-fiveor until such time as the dependent ceases to be a full-time college student,whichever occurs first, or (b) under a mental or physical disability, inwhich event coverage shall not terminate until three months followingcessation of the disability; or (v) any applicable condition outlined in thepolicies and procedures of the Department governing health insurance plansadministered pursuant to § 2.2-1204.
(1997, c. 886, § 2.1-20.1:04; 1998, c. 699; 2000, cc. 66, 657; 2001, c. 844.)