9.1-401 - Continued health insurance coverage for disabled persons, their spouses and dependents, and for the surviving spouse and dependents of certain deceased law-enforcement officers, firefighters - Virginia Statutes

§ 9.1-401. Continued health insurance coverage for disabled persons, theirspouses and dependents, and for the surviving spouse and dependents ofcertain deceased law-enforcement officers, firefighters, etc.

A. The surviving spouse and any dependents of a deceased person shall beafforded continued health insurance coverage, the cost of which shall be paidin full out of the general fund of the state treasury.

B. If the disabled person's disability (i) occurred while in the line of dutyas the direct or proximate result of the performance of his duty or (ii) wassubject to the provisions of §§ 27-40.1, 27-40.2, 51.1-813 or § 65.2-402, andarose out of and in the course of his employment, the disabled person, hissurviving spouse and any dependents shall be afforded continued healthinsurance coverage. The cost of such health insurance coverage shall be paidin full out of the general fund of the state treasury.

C. The continued health insurance coverage provided by this section shall bethe same plan of benefits which the deceased or disabled person was entitledto on the last day of his active duty or comparable benefits established as aresult of a replacement plan.

D. For any spouse, continued health insurance provided by this section shallterminate upon such spouse's death or coverage by alternate health insurance.

E. For dependents, continued health insurance provided by this section shallterminate upon such dependent's death, marriage, coverage by alternate healthinsurance or twenty-first birthday. Continued health care insurance shall beprovided beyond the dependent's twenty-first birthday if the dependent is afull-time college student and shall continue until such time as the dependentceases to be a full-time student or reaches his twenty-fifth birthday,whichever occurs first. Continued health care insurance shall also beprovided beyond the dependent's twenty-first birthday if the dependent ismentally or physically disabled, and such coverage shall continue until threemonths following the cessation of the disability.

F. For any disabled person, continued health insurance provided by thissection shall automatically terminate upon the disabled person's death,recovery or return to full duty in any position listed in the definition ofdeceased person in § 9.1-400.

(1998, c. 712, § 2.1-133.7:1; 2000, c. 616; 2001, c. 844.)