                                 CODE OF VIRGINIA

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)

A. For the purposes of this section, &#8220;plan sponsor&#8221; means a local
government employer that has established a plan of health insurance coverage for
its employees, retirees and dependents of employees as are described in
subsection B.

B. The surviving spouse and any dependents of an active 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 shall be entitled, upon proper application to the
appropriate plan sponsor, 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 plan sponsor 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 plan sponsor
shall provide means whereby coverage for the spouse and any dependents of the
deceased as provided in this section may be purchased.

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

D. In addition to any necessary information requested by the plan sponsor, the
application shall state whether conditions set forth in clauses (i) and (ii) of
subsection B have been met. If the plan sponsor states that such conditions have
not been met, the plan sponsor, notwithstanding the provisions of &#xA7;
2.2-4002, 2.2-4006, or 2.2-4011, 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 local government&#8217;s grievance procedure for
nonprobationary, permanent employees shall apply thereafter.

E. 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.

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

G. 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 plan sponsor governing health insurance plans administered for
its active employees.

H. 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
student at an institution of higher education, 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 student at an institution of
higher education, 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 plan sponsor governing health insurance
plans administered for its active employees.

HISTORY: 1998, c. 698, § 2.1-20.1:05; 2001, c. 844; 2015, cc. 502, 503.