                                 CODE OF VIRGINIA

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)

A. The surviving spouse and any dependents of an active or retired
law-enforcement officer of any county, city, or town of the Commonwealth; a jail
officer; a regional jail or jail farm superintendent; a sheriff, deputy sheriff,
or city sergeant or deputy city sergeant of the City of Richmond; or a member of
any fire company or department or emergency medical services agency that has
been recognized by an ordinance or a resolution of the governing body of any
county, city, or town of the Commonwealth as an integral part of the official
safety program of such county, city, or town; whose death occurs as the direct
or proximate result of the performance of his duty, including the presumptions
under &#xA7;&#xA7; 27-40.1, 27-40.2, 51.1-813, and 65.2-402, shall be entitled,
upon proper application to the Department, to purchase continued health
insurance coverage on the following conditions: (i) on the date of death, the
deceased participated in a health insurance plan administered by the Department
pursuant to &#xA7; 2.2-1204 and (ii) on the date of the deceased&#8217;s death,
the applicants were included in the health insurance plan in clause (i). The
health insurance plan administered by the Department pursuant to &#xA7; 2.2-1204
shall provide means whereby coverage for the spouse and any dependents of the
deceased as provided in this section may be purchased. The spouse and any
dependents of the deceased who purchase continued health insurance coverage
pursuant to this section shall pay the same portion of the applicable premium as
active employees pay for the same class of coverage, and the local government
employer that employed the deceased shall pay the remaining portion of the
premium.

B. Any application to purchase continued health insurance coverage hereunder
shall be made in writing to the Department within 60 days of the date of the
deceased&#8217;s death. The time for making application may be extended by the
Department for good cause shown.

C. In addition to any necessary information requested by the Department, the
application shall state whether conditions set forth in clauses (i) and (ii) of
subsection A have been met. If the Department states that such conditions have
not been met, the Department shall conduct an informal fact-finding conference
or consultation with the applicant pursuant to &#xA7; 2.2-4019 of the
Administrative Process Act. Upon scheduling the conference or consultation, the
provisions of the Administrative Process Act (&#xA7; 2.2-4000 et seq.) shall
apply thereafter.

D. Upon payment of any required premiums, coverage shall automatically be
extended during the period for making application and shall be effective
retroactive to the date of the deceased&#8217;s death.

E. The terms, conditions, and costs of continued health insurance coverage
purchased hereunder shall be subject to administration by the Department. The
Department may increase the cost of coverage consistent with its administration
of health insurance plans under &#xA7; 2.2-1204. However, at no time shall a
surviving spouse or dependents pay more for continued health insurance coverage
than active employees pay under the same plan for the same class of coverage.

F. For the surviving spouse, continued health insurance coverage purchased
hereunder shall automatically terminate upon occurrence of any of the following:
(i) death, (ii) remarriage, (iii) alternate health insurance coverage being
obtained, or (iv) any applicable condition outlined in the policies and
procedures of the Department governing health insurance plans administered
pursuant to &#xA7; 2.2-1204.

G. For any surviving dependents, continued health insurance coverage purchased
hereunder shall automatically terminate upon occurrence of any of the following:
(i) death; (ii) marriage; (iii) alternate health insurance coverage being
obtained; (iv) attaining the age of 21, unless the dependent is (a) a full-time
college student, in which event coverage shall not terminate until such
dependent has either attained the age of 25 or 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, in which event coverage shall not terminate until
three months following cessation of the disability; or (v) any applicable
condition outlined in the policies and procedures of the Department governing
health insurance plans administered pursuant to &#xA7; 2.2-1204.

HISTORY: 1997, c. 886, § 2.1-20.1:04; 1998, c. 699; 2000, cc. 66, 657; 2001, c.
844; 2015, cc. 502, 503.