2.2-1206 - Purchase of continued health insurance coverage by the surviving spouse and any dependents of an active local law-enforcement officer, firefighter, etc., through a plan sponsor.
§ 2.2-1206. Purchase of continued health insurance coverage by the survivingspouse and any dependents of an active local law-enforcement officer,firefighter, etc., through a plan sponsor.
A. For the purposes of this section, "plan sponsor" means a localgovernment employer that has established a plan of health insurance coveragefor its employees, retirees and dependents of employees as are described insubsection B.
B. The surviving spouse and any dependents of an active law-enforcementofficer of any county, city, or town of this Commonwealth; a jail officer; aregional jail or jail farm superintendent; a sheriff, deputy sheriff, or citysergeant or deputy city sergeant of the City of Richmond; a member of anyfire company or department or rescue squad that has been recognized by anordinance or a resolution of the governing body of any county, city, or townof this Commonwealth as an integral part of the official safety program ofsuch county, city or town; or a member of an emergency medical servicesdepartment; whose death occurs as the direct or proximate result of theperformance of his duty shall be entitled, upon proper application to theappropriate plan sponsor, to purchase continued health insurance coverage onthe following conditions: (i) on the date of death, the deceased participatedin a health insurance plan administered by the plan sponsor and (ii) on thedate of the deceased's death, the applicants were included in the healthinsurance plan in condition (i) of this subsection. The health insurance planadministered by the plan sponsor shall provide means whereby coverage for thespouse and any dependents of the deceased as provided in this section may bepurchased.
C. Any application to purchase continued health insurance coverage hereundershall be made in writing to the plan sponsor within sixty days of the date ofthe deceased's death. The time for making application may be extended by theplan sponsor for good cause shown.
D. In addition to any necessary information requested by the plan sponsor,the application shall state whether conditions (i) and (ii) set forth insubsection B have been met. If the plan sponsor states that such conditionshave not been met, the plan sponsor, notwithstanding the provisions of §§2.2-4002, 2.2-4006, or § 2.2-4011, shall conduct an informal fact-findingconference or consultation with the applicant pursuant to § 2.2-4019 of theAdministrative Process Act. Upon scheduling the conference or consultation,the provisions of the local government's grievance procedure fornonprobationary, permanent employees shall apply thereafter.
E. 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.
F. The terms, conditions, and costs of continued health insurance coveragepurchased hereunder shall be subject to administration by the plan sponsor.The plan sponsor may increase the cost of coverage consistent with itsadministration of health insurance plans under § 2.2-1204. However, at notime shall the surviving spouse or dependents pay more for continued healthinsurance coverage than the active employee rate under the same plan for thesame class of coverage.
G. 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 plan sponsor governing health insurance plansadministered for its active employees.
H. 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 plan sponsor governing health insurance plansadministered for its active employees.
(1998, c. 698, § 2.1-20.1:05; 2001, c. 844.)