{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-3323.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-3323.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-3323.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-3323.html"}],"law_id":79808,"edition_id":1,"section_id":79808,"structure_id":14882,"section_number":"38.2-3323","catch_line":"Group life insurance coverages of spouses, dependent children, and other persons","history":"1960, c. 272, \u00a7 38.1-472.1; 1976, c. 111; 1980, c. 110; 1984, c. 364; 1985, c. 28; 1986, c. 562; 1995, c. 259; 1998, c. 154; 2010, cc. 227, 374; 2012, cc. 476, 507; 2023, cc. 148, 149.","full_text":"A\n\nCoverage under a group life insurance policy, except a policy issued pursuant to \u00a7 38.2-3318.1 B, may be extended to insure:1\n\nThe spouse and any child who is under the age of 19 years or who is a dependent and a full-time student under 25 years of age, or any class of spouses and dependent children, of each insured group member who so elects; and2\n\nAny other person in whom the insured group member has an insurable interest as defined in &#xA7;&#xA7; 38.2-301 and 38.2-302 as may mutually be agreed upon by the insurer and the group policyholder.\n\t\t\t\tThe amount of insurance on the life of a spouse, child, or other person shall not exceed the amount of insurance for which the insured group member is eligible.B\n\nA spouse insured under this section shall have the same conversion right to the insurance on his or her life as the insured group member.C\n\nNotwithstanding the provisions of &#xA7; 38.2-3331, one certificate may be issued for each insured group member if a statement concerning any spouse&#8217;s, dependent child&#8217;s, or other person&#8217;s coverage is included in the certificate.D\n\nIn addition to the coverages afforded by the provisions of this section, any such plan for group life insurance which includes coverage for children shall afford coverage to any child who is both (i) incapable of self-sustaining employment by reason of intellectual or physical disability and (ii) chiefly dependent upon the employee for support and maintenance. Upon request of the insurer, proof of incapacity and dependency shall be furnished to the insurer by the insured group member within 31 days of the child&#8217;s attainment of the specified age. Subsequent proof may be required by the insurer but not more frequently than annually after the two-year period following the child&#8217;s attainment of the specified age. The insurer shall be allowed to charge a premium at the insurer&#8217;s then customary rate applicable to such group policy for such extended coverage.E\n\n1. Upon termination of such group coverage of a child, the child shall be entitled to have issued to him by the insurer, without evidence of insurability, an individual life insurance policy without disability or other supplementary benefits, if:\n\t\t\ta. An application for the individual policy is made, and the first premium paid to the insurer, within 31 days after such termination; and\n\t\t\tb. The individual policy, at the option of such person, is on any one of the forms then customarily issued by the insurer at the age and for the amount applied for, except that the group policy may exclude the option to elect term insurance;\n\t\t\tc. The individual policy is in an amount not in excess of the amount of life insurance which ceases because of such termination, less the amount of any life insurance for which such person becomes eligible under the same or any other group policy within 31 days after such termination, provided that any amount of insurance which has matured on or before the date of such termination as an endowment payable to the person insured, whether in one sum or in installments or in the form of an annuity, shall not, for the purposes of this provision, be included in the amount which is considered to cease because of such termination; and\n\t\t\td. The premium on the individual policy is at the insurer&#8217;s then customary rate applicable to the form and amount of the individual policy, to the class of risk to which such person then belongs, and to the individual age attained on the effective date of the individual policy.2\n\nSubject to the same conditions set forth above, the conversion privilege shall be available (i) to a surviving dependent, if any, at the death of the group member, with respect to the coverage under the group policy which terminates by reason of such death, and (ii) to the dependent of the group member upon termination of coverage of the dependent, while the group member remains insured under the group policy, by reason of the dependent ceasing to be a qualified family member under the group policy.","order_by":null,"text":{"0":{"id":285905,"text":"Coverage under a group life insurance policy, except a policy issued pursuant to \u00a7 38.2-3318.1 B, may be extended to insure:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":285906,"text":"The spouse and any child who is under the age of 19 years or who is a dependent and a full-time student under 25 years of age, or any class of spouses and dependent children, of each insured group member who so elects; and","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":285907,"text":"Any other person in whom the insured group member has an insurable interest as defined in &#xA7;&#xA7; 38.2-301 and 38.2-302 as may mutually be agreed upon by the insurer and the group policyholder.\n\t\t\t\tThe amount of insurance on the life of a spouse, child, or other person shall not exceed the amount of insurance for which the insured group member is eligible.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":285908,"text":"A spouse insured under this section shall have the same conversion right to the insurance on his or her life as the insured group member.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"4":{"id":285909,"text":"Notwithstanding the provisions of &#xA7; 38.2-3331, one certificate may be issued for each insured group member if a statement concerning any spouse&#8217;s, dependent child&#8217;s, or other person&#8217;s coverage is included in the certificate.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"5":{"id":285910,"text":"In addition to the coverages afforded by the provisions of this section, any such plan for group life insurance which includes coverage for children shall afford coverage to any child who is both (i) incapable of self-sustaining employment by reason of intellectual or physical disability and (ii) chiefly dependent upon the employee for support and maintenance. Upon request of the insurer, proof of incapacity and dependency shall be furnished to the insurer by the insured group member within 31 days of the child&#8217;s attainment of the specified age. Subsequent proof may be required by the insurer but not more frequently than annually after the two-year period following the child&#8217;s attainment of the specified age. The insurer shall be allowed to charge a premium at the insurer&#8217;s then customary rate applicable to such group policy for such extended coverage.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"6":{"id":285911,"text":"1. Upon termination of such group coverage of a child, the child shall be entitled to have issued to him by the insurer, without evidence of insurability, an individual life insurance policy without disability or other supplementary benefits, if:\n\t\t\ta. An application for the individual policy is made, and the first premium paid to the insurer, within 31 days after such termination; and\n\t\t\tb. The individual policy, at the option of such person, is on any one of the forms then customarily issued by the insurer at the age and for the amount applied for, except that the group policy may exclude the option to elect term insurance;\n\t\t\tc. The individual policy is in an amount not in excess of the amount of life insurance which ceases because of such termination, less the amount of any life insurance for which such person becomes eligible under the same or any other group policy within 31 days after such termination, provided that any amount of insurance which has matured on or before the date of such termination as an endowment payable to the person insured, whether in one sum or in installments or in the form of an annuity, shall not, for the purposes of this provision, be included in the amount which is considered to cease because of such termination; and\n\t\t\td. The premium on the individual policy is at the insurer&#8217;s then customary rate applicable to the form and amount of the individual policy, to the class of risk to which such person then belongs, and to the individual age attained on the effective date of the individual policy.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E2"},"7":{"id":285912,"text":"Subject to the same conditions set forth above, the conversion privilege shall be available (i) to a surviving dependent, if any, at the death of the group member, with respect to the coverage under the group policy which terminates by reason of such death, and (ii) to the dependent of the group member upon termination of coverage of the dependent, while the group member remains insured under the group policy, by reason of the dependent ceasing to be a qualified family member under the group policy.","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E"}},"ancestry":[{"id":14882,"edition_id":1,"name":"Group Life Insurance Policies","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":13164,"metadata":{},"date_created":"2026-06-26 03:50:32","date_modified":"2026-06-26 03:50:32","permalink":{"id":214707,"object_type":"structure","relational_id":14882,"identifier":"2","token":"38.2\/33\/2","url":"\/38.2\/33\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13164,"edition_id":1,"name":"Life Insurance Policies","identifier":"33","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:44:22","date_modified":"2026-06-26 03:44:22","permalink":{"id":214627,"object_type":"structure","relational_id":13164,"identifier":"33","token":"38.2\/33","url":"\/38.2\/33\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12698,"edition_id":1,"name":"Insurance","identifier":"38.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":210661,"object_type":"structure","relational_id":12698,"identifier":"38.2","token":"38.2","url":"\/38.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":81796,"structure_id":14882,"section_number":"38.2-3318","catch_line":"Repealed","url":"\/38.2-3318\/","token":"38.2\/33\/2\/38.2-3318","metadata":false},{"id":72251,"structure_id":14882,"section_number":"38.2-3318.1","catch_line":"Group life insurance requirements","url":"\/38.2-3318.1\/","token":"38.2\/33\/2\/38.2-3318.1","metadata":false},{"id":56826,"structure_id":14882,"section_number":"38.2-3319","catch_line":"Repealed","url":"\/38.2-3319\/","token":"38.2\/33\/2\/38.2-3319","metadata":false},{"id":61497,"structure_id":14882,"section_number":"38.2-3319.1","catch_line":"Limits of group life insurance","url":"\/38.2-3319.1\/","token":"38.2\/33\/2\/38.2-3319.1","metadata":false},{"id":59025,"structure_id":14882,"section_number":"38.2-3319.2","catch_line":"Review of records","url":"\/38.2-3319.2\/","token":"38.2\/33\/2\/38.2-3319.2","metadata":false},{"id":76112,"structure_id":14882,"section_number":"38.2-3320","catch_line":"Repealed","url":"\/38.2-3320\/","token":"38.2\/33\/2\/38.2-3320","metadata":false},{"id":84493,"structure_id":14882,"section_number":"38.2-3320.1","catch_line":"Policies issued outside of the Commonwealth of Virginia","url":"\/38.2-3320.1\/","token":"38.2\/33\/2\/38.2-3320.1","metadata":false},{"id":57879,"structure_id":14882,"section_number":"38.2-3321","catch_line":"Repealed","url":"\/38.2-3321\/","token":"38.2\/33\/2\/38.2-3321","metadata":false},{"id":75114,"structure_id":14882,"section_number":"38.2-3321.1","catch_line":"Requirements for those marketing group life insurance","url":"\/38.2-3321.1\/","token":"38.2\/33\/2\/38.2-3321.1","metadata":false},{"id":84150,"structure_id":14882,"section_number":"38.2-3322","catch_line":"Repealed","url":"\/38.2-3322\/","token":"38.2\/33\/2\/38.2-3322","metadata":false},{"id":59222,"structure_id":14882,"section_number":"38.2-3322.1","catch_line":"Regulations","url":"\/38.2-3322.1\/","token":"38.2\/33\/2\/38.2-3322.1","metadata":false},{"id":83887,"structure_id":14882,"section_number":"38.2-3322.2","catch_line":"Lives covered","url":"\/38.2-3322.2\/","token":"38.2\/33\/2\/38.2-3322.2","metadata":false},{"id":79808,"structure_id":14882,"section_number":"38.2-3323","catch_line":"Group life insurance coverages of spouses, dependent children, and other persons","url":"\/38.2-3323\/","token":"38.2\/33\/2\/38.2-3323","metadata":false},{"id":77746,"structure_id":14882,"section_number":"38.2-3324","catch_line":"Standard provisions required; exceptions","url":"\/38.2-3324\/","token":"38.2\/33\/2\/38.2-3324","metadata":false},{"id":71152,"structure_id":14882,"section_number":"38.2-3325","catch_line":"Grace period","url":"\/38.2-3325\/","token":"38.2\/33\/2\/38.2-3325","metadata":false},{"id":67833,"structure_id":14882,"section_number":"38.2-3326","catch_line":"Incontestability","url":"\/38.2-3326\/","token":"38.2\/33\/2\/38.2-3326","metadata":false},{"id":70998,"structure_id":14882,"section_number":"38.2-3327","catch_line":"Entire contract; statements deemed representations","url":"\/38.2-3327\/","token":"38.2\/33\/2\/38.2-3327","metadata":false},{"id":73714,"structure_id":14882,"section_number":"38.2-3328","catch_line":"Evidence of individual insurability","url":"\/38.2-3328\/","token":"38.2\/33\/2\/38.2-3328","metadata":false},{"id":74239,"structure_id":14882,"section_number":"38.2-3329","catch_line":"Misstatement of age","url":"\/38.2-3329\/","token":"38.2\/33\/2\/38.2-3329","metadata":false},{"id":74735,"structure_id":14882,"section_number":"38.2-3330","catch_line":"Payment of benefits","url":"\/38.2-3330\/","token":"38.2\/33\/2\/38.2-3330","metadata":false},{"id":81154,"structure_id":14882,"section_number":"38.2-3331","catch_line":"Individual certificates","url":"\/38.2-3331\/","token":"38.2\/33\/2\/38.2-3331","metadata":false},{"id":73575,"structure_id":14882,"section_number":"38.2-3332","catch_line":"Right to individual policy upon termination of employment or membership","url":"\/38.2-3332\/","token":"38.2\/33\/2\/38.2-3332","metadata":false},{"id":63366,"structure_id":14882,"section_number":"38.2-3333","catch_line":"Right to individual policy upon termination of group policy or elimination of class of insured persons","url":"\/38.2-3333\/","token":"38.2\/33\/2\/38.2-3333","metadata":false},{"id":80545,"structure_id":14882,"section_number":"38.2-3334","catch_line":"Death after termination of group insurance and before issuance of individual policy","url":"\/38.2-3334\/","token":"38.2\/33\/2\/38.2-3334","metadata":false},{"id":69882,"structure_id":14882,"section_number":"38.2-3335","catch_line":"Additional persons becoming eligible","url":"\/38.2-3335\/","token":"38.2\/33\/2\/38.2-3335","metadata":false},{"id":74096,"structure_id":14882,"section_number":"38.2-3336","catch_line":"Provisions required by other jurisdictions","url":"\/38.2-3336\/","token":"38.2\/33\/2\/38.2-3336","metadata":false},{"id":77526,"structure_id":14882,"section_number":"38.2-3337","catch_line":"Assignment","url":"\/38.2-3337\/","token":"38.2\/33\/2\/38.2-3337","metadata":false},{"id":70437,"structure_id":14882,"section_number":"38.2-3338","catch_line":"Provisions prohibited","url":"\/38.2-3338\/","token":"38.2\/33\/2\/38.2-3338","metadata":false},{"id":80534,"structure_id":14882,"section_number":"38.2-3339","catch_line":"Exemption of group life insurance policies from legal process","url":"\/38.2-3339\/","token":"38.2\/33\/2\/38.2-3339","metadata":false}],"previous_section":{"id":83887,"structure_id":14882,"section_number":"38.2-3322.2","catch_line":"Lives covered","url":"\/38.2-3322.2\/","token":"38.2\/33\/2\/38.2-3322.2","metadata":false},"next_section":{"id":77746,"structure_id":14882,"section_number":"38.2-3324","catch_line":"Standard provisions required; exceptions","url":"\/38.2-3324\/","token":"38.2\/33\/2\/38.2-3324","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-3323\/","history_text":"<p>This law was first created in 1960. The record of its establishment is cataloged in chapter 272 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1960 \u201cActs\u201d aren\u2019t available online. It has been modified 10 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1976, chapter 111; in 1980, chapter 110; in 1984, chapter 364; in 1985, chapter 28; in 1986, chapter 562; in 1995, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?951+ful+CHAP0259\">259<\/a>; in 1998, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?981+ful+CHAP0154\">154<\/a>; in 2010, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?101+ful+CHAP0227\">227<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?101+ful+CHAP0374\">374<\/a>; in 2012, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0476\">476<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0507\">507<\/a>; in 2023, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?231+ful+CHAP0148\">148<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?231+ful+CHAP0149\">149<\/a>.<\/p>","references":[{"id":73575,"section_number":"38.2-3332","catch_line":"Right to individual policy upon termination of employment or membership","order_by":null,"url":"\/38.2-3332\/"},{"id":63366,"section_number":"38.2-3333","catch_line":"Right to individual policy upon termination of group policy or elimination of class of insured persons","order_by":null,"url":"\/38.2-3333\/"}],"refers_to":[{"id":66037,"section_number":"38.2-301","catch_line":"Insurable interest required; life, accident and sickness insurance","order_by":null,"url":"\/38.2-301\/"},{"id":76812,"section_number":"38.2-302","catch_line":"Life, accident, and sickness insurance; application required","order_by":null,"url":"\/38.2-302\/"},{"id":72251,"section_number":"38.2-3318.1","catch_line":"Group life insurance requirements","order_by":null,"url":"\/38.2-3318.1\/"},{"id":81154,"section_number":"38.2-3331","catch_line":"Individual certificates","order_by":null,"url":"\/38.2-3331\/"}],"permalink":{"id":214757,"object_type":"law","relational_id":79808,"identifier":"38.2-3323","token":"38.2\/33\/2\/38.2-3323","url":"\/38.2-3323\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-3323\/","token":"38.2\/33\/2\/38.2-3323","dublin_core":{"Title":"Group life insurance coverages of spouses, dependent children, and other persons","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-3323","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Coverage under a group life <span class=\"dictionary\">insurance<\/span> policy, except a policy issued pursuant to \u00a7&nbsp;<a class=\"law\" title=\"Group life insurance requirements\" href=\"\/38.2-3318.1\/\">38.2-3318.1<\/a> B, may be extended to insure: <a id=\"paragraph-285905\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-3323\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> The spouse and any child who is under the age of 19 years or who is a dependent and a full-time student under 25 years of age, or any class of spouses and dependent children, of each insured group member who so elects; and <a id=\"paragraph-285906\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-3323\/#A1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> Any other <span class=\"dictionary\">person<\/span> in whom the insured group member has an insurable interest as defined in &#xA7;&#xA7; <a class=\"law\" title=\"Insurable interest required; life, accident and sickness insurance\" href=\"\/38.2-301\/\">38.2-301<\/a> and <a class=\"law\" title=\"Life, accident, and sickness insurance; application required\" href=\"\/38.2-302\/\">38.2-302<\/a> as may mutually be agreed upon by the <span class=\"dictionary\">insurer<\/span> and the group policyholder.\n\t\t\t\tThe amount of <span class=\"dictionary\">insurance<\/span> on the life of a spouse, child, or other <span class=\"dictionary\">person<\/span> shall not exceed the amount of <span class=\"dictionary\">insurance<\/span> for which the insured group member is eligible. <a id=\"paragraph-285907\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-3323\/#A2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> A spouse insured under this section shall have the same conversion right to the <span class=\"dictionary\">insurance<\/span> on his or her life as the insured group member. <a id=\"paragraph-285908\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-3323\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Notwithstanding the provisions of &#xA7; <a class=\"law\" title=\"Individual certificates\" href=\"\/38.2-3331\/\">38.2-3331<\/a>, one certificate may be issued for each insured group member if a statement concerning any spouse&#8217;s, dependent child&#8217;s, or other <span class=\"dictionary\">person<\/span>&#8217;s coverage is included in the certificate. <a id=\"paragraph-285909\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-3323\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> In addition to the coverages afforded by the provisions of this section, any such plan for group life <span class=\"dictionary\">insurance<\/span> which includes coverage for children shall afford coverage to any child who is both (i) incapable of self-sustaining employment by reason of intellectual or physical disability and (ii) chiefly dependent upon the employee for support and maintenance. Upon request of the <span class=\"dictionary\">insurer<\/span>, proof of incapacity and dependency shall be furnished to the <span class=\"dictionary\">insurer<\/span> by the insured group member within 31 days of the child&#8217;s attainment of the specified age. Subsequent proof may be required by the <span class=\"dictionary\">insurer<\/span> but not more frequently than annually after the two-year period following the child&#8217;s attainment of the specified age. The <span class=\"dictionary\">insurer<\/span> shall be allowed to charge a premium at the <span class=\"dictionary\">insurer<\/span>&#8217;s then customary <span class=\"dictionary\">rate<\/span> applicable to such group policy for such extended coverage. <a id=\"paragraph-285910\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-3323\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> 1. Upon termination of such group coverage of a child, the child shall be entitled to have issued to him by the <span class=\"dictionary\">insurer<\/span>, without <span class=\"dictionary\">evidence<\/span> of insurability, an individual life <span class=\"dictionary\">insurance<\/span> policy without disability or other supplementary benefits, if:\n\t\t\ta. An application for the individual policy is made, and the first premium paid to the <span class=\"dictionary\">insurer<\/span>, within 31 days after such termination; and\n\t\t\tb. The individual policy, at the option of such <span class=\"dictionary\">person<\/span>, is on any one of the forms then customarily issued by the <span class=\"dictionary\">insurer<\/span> at the age and for the amount applied for, except that the group policy may exclude the option to elect term <span class=\"dictionary\">insurance<\/span>;\n\t\t\tc. The individual policy is in an amount not in excess of the amount of life <span class=\"dictionary\">insurance<\/span> which ceases because of such termination, less the amount of any life <span class=\"dictionary\">insurance<\/span> for which such <span class=\"dictionary\">person<\/span> becomes eligible under the same or any other group policy within 31 days after such termination, provided that any amount of <span class=\"dictionary\">insurance<\/span> which has matured on or before the date of such termination as an endowment payable to the <span class=\"dictionary\">person<\/span> insured, whether in one sum or in installments or in the form of an annuity, shall not, for the purposes of this provision, be included in the amount which is considered to cease because of such termination; and\n\t\t\td. The premium on the individual policy is at the <span class=\"dictionary\">insurer<\/span>&#8217;s then customary <span class=\"dictionary\">rate<\/span> applicable to the form and amount of the individual policy, to the class of risk to which such <span class=\"dictionary\">person<\/span> then belongs, and to the individual age attained on the effective date of the individual policy. <a id=\"paragraph-285911\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-3323\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> Subject to the same conditions set forth above, the conversion <span class=\"dictionary\">privilege<\/span> shall be available (i) to a surviving dependent, if any, at the death of the group member, with respect to the coverage under the group policy which terminates by reason of such death, and (ii) to the dependent of the group member upon termination of coverage of the dependent, while the group member remains insured under the group policy, by reason of the dependent ceasing to be a qualified family member under the group policy. <a id=\"paragraph-285912\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-3323\/#E2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nGROUP LIFE INSURANCE COVERAGES OF SPOUSES, DEPENDENT CHILDREN, AND OTHER PERSONS\n(\u00a7 38.2-3323)\n\nA. Coverage under a group life insurance policy, except a policy issued pursuant\nto \u00a7 38.2-3318.1 B, may be extended to insure:\n\n   1. The spouse and any child who is under the age of 19 years or who is a\n   dependent and a full-time student under 25 years of age, or any class of\n   spouses and dependent children, of each insured group member who so elects;\n   and\n\n   2. Any other person in whom the insured group member has an insurable interest\n   as defined in &#xA7;&#xA7; 38.2-301 and 38.2-302 as may mutually be agreed\n   upon by the insurer and the group policyholder.\n   \t\t\t\tThe amount of insurance on the life of a spouse, child, or other person\n   shall not exceed the amount of insurance for which the insured group member is\n   eligible.\n\nB. A spouse insured under this section shall have the same conversion right to\nthe insurance on his or her life as the insured group member.\n\nC. Notwithstanding the provisions of &#xA7; 38.2-3331, one certificate may be\nissued for each insured group member if a statement concerning any\nspouse&#8217;s, dependent child&#8217;s, or other person&#8217;s coverage is\nincluded in the certificate.\n\nD. In addition to the coverages afforded by the provisions of this section, any\nsuch plan for group life insurance which includes coverage for children shall\nafford coverage to any child who is both (i) incapable of self-sustaining\nemployment by reason of intellectual or physical disability and (ii) chiefly\ndependent upon the employee for support and maintenance. Upon request of the\ninsurer, proof of incapacity and dependency shall be furnished to the insurer by\nthe insured group member within 31 days of the child&#8217;s attainment of the\nspecified age. Subsequent proof may be required by the insurer but not more\nfrequently than annually after the two-year period following the child&#8217;s\nattainment of the specified age. The insurer shall be allowed to charge a\npremium at the insurer&#8217;s then customary rate applicable to such group\npolicy for such extended coverage.\n\nE. 1. Upon termination of such group coverage of a child, the child shall be\nentitled to have issued to him by the insurer, without evidence of insurability,\nan individual life insurance policy without disability or other supplementary\nbenefits, if:\n\t\t\ta. An application for the individual policy is made, and the first premium\npaid to the insurer, within 31 days after such termination; and\n\t\t\tb. The individual policy, at the option of such person, is on any one of the\nforms then customarily issued by the insurer at the age and for the amount\napplied for, except that the group policy may exclude the option to elect term\ninsurance;\n\t\t\tc. The individual policy is in an amount not in excess of the amount of life\ninsurance which ceases because of such termination, less the amount of any life\ninsurance for which such person becomes eligible under the same or any other\ngroup policy within 31 days after such termination, provided that any amount of\ninsurance which has matured on or before the date of such termination as an\nendowment payable to the person insured, whether in one sum or in installments\nor in the form of an annuity, shall not, for the purposes of this provision, be\nincluded in the amount which is considered to cease because of such termination;\nand\n\t\t\td. The premium on the individual policy is at the insurer&#8217;s then\ncustomary rate applicable to the form and amount of the individual policy, to\nthe class of risk to which such person then belongs, and to the individual age\nattained on the effective date of the individual policy.\n\n   2. Subject to the same conditions set forth above, the conversion privilege\n   shall be available (i) to a surviving dependent, if any, at the death of the\n   group member, with respect to the coverage under the group policy which\n   terminates by reason of such death, and (ii) to the dependent of the group\n   member upon termination of coverage of the dependent, while the group member\n   remains insured under the group policy, by reason of the dependent ceasing to\n   be a qualified family member under the group policy.\n\nHISTORY: 1960, c. 272, \u00a7 38.1-472.1; 1976, c. 111; 1980, c. 110; 1984, c. 364;\n1985, c. 28; 1986, c. 562; 1995, c. 259; 1998, c. 154; 2010, cc. 227, 374; 2012,\ncc. 476, 507; 2023, cc. 148, 149.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}