                                 CODE OF VIRGINIA

PURCHASE OF CONTINUED HEALTH INSURANCE COVERAGE BY THE SURVIVING SPOUSE AND ANY
DEPENDENTS OF AN ACTIVE OR RETIRED STATE EMPLOYEE (§ 2.2-2819)

A. The surviving spouse and any dependents of an active state employee or a
retired state employee may, upon proper application to the Department of Human
Resource Management, purchase continued health insurance coverage on the
following conditions: (i) on the date of death, the state employee participated
in a health insurance plan administered by the Department of Human Resource
Management pursuant to &#xA7; 2.2-2818 or &#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 condition (i) of this subsection. The health insurance plans
administered by the Department of Human Resource Management pursuant to &#xA7;
2.2-2818 or &#xA7; 2.2-1204 shall provide means whereby coverage for the spouse
and dependents of active or retired state employees may be purchased.

B. Any application to purchase continued health insurance coverage hereunder
shall be made in writing to the Department of Human Resource Management 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 of Human
Resource Management, the application shall state whether conditions (i) and (ii)
set forth in 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 (&#xA7; 2.2-4000 et seq.). Upon
scheduling the conference or consultation, the provisions of the Administrative
Process Act 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 of
Human Resource Management. The Department may increase the cost of coverage
consistent with its administration of health insurance plans under &#xA7;
2.2-2818 or &#xA7; 2.2-1204.

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 of Human Resource Management governing health
insurance plans administered pursuant to &#xA7; 2.2-2818 or &#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
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 Department of Human Resource Management
governing health insurance plans administered pursuant to &#xA7; 2.2-2818 or
&#xA7; 2.2-1204.

HISTORY: 1995, c. 179, § 2.1-20.1:03; 1997, c. 886; 2000, cc. 66, 657; 2001, c.
844.