January 15, 2004, read first time and referred to Committee on Insurance, Corporations and
Small Business.
Introduced
Second Regular Session 113th General Assembly (2004)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE BILL No. 1334
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 5-10-8-2.2; (04)IN1334.1.1. -->
SECTION 1. IC 5-10-8-2.2, AS AMENDED BY P.L.86-2003,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 2.2. (a) As used in this section, "dependent"
means a natural child,
a stepchild, or
an adopted child of a public
safety employee who:
(1) is less than eighteen (18) years of age;
(2) is eighteen (18) years of age or older and physically or
mentally disabled (using disability guidelines established by the
Social Security Administration); or
(3) is at least eighteen (18) and less than twenty-three (23) years
of age and is enrolled in and regularly attending a secondary
school or is a full-time student at an accredited college or
university.
(b) As used in this section, "public safety employee" means a
full-time firefighter, police officer, county police officer, or sheriff.
(c) This section applies only to local unit public employers and their
public safety employees.
(d) A local unit public employer may provide programs of group
health insurance for its active and retired public safety employees
through one (1) of the following methods:
(1) By purchasing policies of group insurance.
(2) By establishing self-insurance programs.
(3) By electing to participate in the local unit group of local units
that offer the state employee health plan under section 6.6 of this
chapter.
A local unit public employer may provide programs of group insurance
other than group health insurance for the local unit public employer's
active and retired public safety employees by purchasing policies of
group insurance and by establishing self-insurance programs. However,
the establishment of a self-insurance program is subject to the approval
of the unit's fiscal body.
(e) A local unit public employer may pay a part of the cost of group
insurance for its active and retired public safety employees. However,
a local unit public employer that provides group life insurance for its
active and retired public safety employees shall pay a part of the cost
of that insurance.
(f) A local unit public employer may not cancel an insurance
contract under this section during the policy term of the contract.
(g) After June 30, 1989, a local unit public employer that provides
a group health insurance program for its active public safety employees
shall also provide a group health insurance program to the following
persons:
(1) Retired public safety employees.
(2) Public safety employees who are receiving disability benefits
under IC 36-8-6, IC 36-8-7, IC 36-8-7.5, IC 36-8-8, or IC 36-8-10.
(3) Surviving spouses and dependents of public safety employees
who die while in active service or after retirement.
(h) A retired or disabled public safety employee who is eligible for
group health insurance coverage under subsection (g)(1) or (g)(2):
(1) may elect to have the person's spouse, dependents, or spouse
and dependents covered under the group health insurance
program at the time the person retires or becomes disabled;
(2) must file a written request for insurance coverage with the
employer within ninety (90) days after the person retires or begins
receiving disability benefits; and
(3) must pay an amount equal to the total of the employer's and
the employee's premiums for the group health insurance for an
active public safety employee (however, the employer may elect
to pay any part of the person's premiums).
(i) Except as provided in
IC 5-10-14, IC 36-8-6-9.7(f),
IC 36-8-6-10.1(h), IC 36-8-7-12.3(g), IC 36-8-7-12.4(j),
IC 36-8-7.5-13.7(h), IC 36-8-7.5-14.1(i), IC 36-8-8-13.9(d),
IC 38-8-8-14.1(h), IC 36-8-8-14.1(h), and IC 36-8-10-16.5 for a
surviving spouse or dependent of a public safety employee who dies in
the line of duty, a surviving spouse or dependent who is eligible for
group health insurance under subsection (g)(3):
(1) may elect to continue coverage under the group health
insurance program after the death of the public safety employee;
(2) must file a written request for insurance coverage with the
employer within ninety (90) days after the death of the public
safety employee; and
(3) must pay the amount that the public safety employee would
have been required to pay under this section for coverage selected
by the surviving spouse or dependent (however, the employer may
elect to pay any part of the surviving spouse's or
dependents'
dependent's premiums).
(j) A retired or disabled public safety employee's eligibility for
group health insurance under this section ends on the earlier of the
following:
(1) When the public safety employee becomes eligible for
Medicare coverage as prescribed by 42 U.S.C. 1395 et seq.
(2) When the employer terminates the health insurance program
for active public safety employees.
(k) A surviving spouse's eligibility for group health insurance under
this section ends on the earliest of the following:
(1) When the surviving spouse becomes eligible for Medicare
coverage as prescribed by 42 U.S.C. 1395 et seq.
(2) When the unit providing the insurance terminates the health
insurance program for active public safety employees.
(3) The date of the surviving spouse's remarriage.
(4) When health insurance becomes available to the surviving
spouse through employment.
(l) A dependent's eligibility for group health insurance under this
section ends on the earliest of the following:
(1) When the dependent becomes eligible for Medicare coverage
as prescribed by 42 U.S.C. 1395 et seq.
(2) When the unit providing the insurance terminates the health
insurance program for active public safety employees.
(3) When the dependent no longer meets the criteria set forth in
subsection (a).
(4) When health insurance becomes available to the dependent
through employment.
(m) A public safety employee who is on leave without pay is entitled
to participate for ninety (90) days in any group health insurance
program maintained by the local unit public employer for active public
safety employees if the public safety employee pays an amount equal
to the total of the employer's and the employee's premiums for the
insurance. However, the employer may pay all or part of the employer's
premium for the insurance.
(n) A local unit public employer may provide group health
insurance for retired public safety employees or their spouses not
covered by subsections (g) through (l) and may provide group health
insurance that contains provisions more favorable to retired public
safety employees and their spouses than required by subsections (g)
through (l). A local unit public employer may provide group health
insurance to a public safety employee who is on leave without pay for
a longer period than required by subsection (m), and may continue to
pay all or a part of the employer's premium for the insurance while the
employee is on leave without pay.
SOURCE: IC 5-10-8-6; (04)IN1334.1.2. -->
SECTION 2. IC 5-10-8-6 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2004]: Sec. 6. (a) The state police department,
conservation officers of the department of natural resources, and the
state excise police may establish common and unified plans of
self-insurance for their employees, including retired employees, as
separate entities of state government. These plans may be administered
by a private agency, business firm, limited liability company, or
corporation.
(b) Except as provided in IC 5-10-14, the state agencies listed in
subsection (a) may not pay as the employer portion part of benefits for
any employee or retiree an amount greater than that paid for other state
employees for group insurance.