(a)This section applies only to the state and
employees who are not covered by a plan established under section 6
of this chapter.
(b)After June 30, 1986, the state shall provide a group health
insurance plan to each retired employee:
(1)whose retirement date is:
(A)after June 29, 1986, for a retired employee who was a
member of the field examiners' retirement fund;
(B)after May 31, 1986, for a retired employee who was a
member of the Indiana state teachers' retirement fund; or
(C)after June 30, 1986, for a retired employee not covered by
clause (A) or (B);
(2)who will have reached fifty-five (55) years of age on or before
the employee's retirement date but who will not be eligible on that
date for Medicare coverage as prescribed by 42 U.S.C. 1395 et
seq.; and Free access — add to your briefcase to read the full text and ask questions with AI
(a) This section applies only to the state and
employees who are not covered by a plan established under section 6
of this chapter.
(b) After June 30, 1986, the state shall provide a group health
insurance plan to each retired employee:
(1) whose retirement date is:
(A) after June 29, 1986, for a retired employee who was a
member of the field examiners' retirement fund;
(B) after May 31, 1986, for a retired employee who was a
member of the Indiana state teachers' retirement fund; or
(C) after June 30, 1986, for a retired employee not covered by
clause (A) or (B);
(2) who will have reached fifty-five (55) years of age on or before
the employee's retirement date but who will not be eligible on that
date for Medicare coverage as prescribed by 42 U.S.C. 1395 et
seq.; and
(3) who:
(A) for an employee who retires before January 1, 2007, will
have completed:
(i) twenty (20) years of creditable employment with a public
employer on or before the employee's retirement date, ten
(10) years of which shall have been completed immediately
preceding the retirement; and
(ii) at least fifteen (15) years of participation in the retirement
plan of which the employee is a member on or before the
employee's retirement date; or
(B) for an employee who retires after December 31, 2006, will
have completed fifteen (15) years of creditable employment
with a public employer on or before the employee's retirement
date, ten (10) years of which shall have been completed
immediately preceding the retirement.
(c) The state shall provide a group health insurance program to each
retired employee:
(1) who is a retired judge;
(2) whose retirement date is after June 30, 1990;
(3) who is at least sixty-two (62) years of age;
(4) who is not eligible for Medicare coverage as prescribed by 42
U.S.C. 1395 et seq.; and
(5) who has at least eight (8) years of service credit as a
participant in the Indiana judges' retirement fund, with at least
eight (8) years of that service credit completed immediately
preceding the judge's retirement.
(d) The state shall provide a group health insurance program to each
retired employee:
(1) who is a retired participant under the prosecuting attorneys
retirement fund;
(2) whose retirement date is after January 1, 1990;
(3) who is at least sixty-two (62) years of age;
(4) who is not eligible for Medicare coverage as prescribed by 42
U.S.C. 1395 et seq.; and
(5) who has at least ten (10) years of service credit as a participant
in the prosecuting attorneys retirement fund, with at least ten (10)
years of that service credit completed immediately preceding the
participant's retirement.
(e) The state shall make available a group health insurance program
to each former member of the general assembly or surviving spouse of
each former member, if the former member:
(1) is no longer a member of the general assembly;
(2) is not eligible for Medicare coverage as prescribed by 42
U.S.C. 1395 et seq. or, in the case of a surviving spouse, the
surviving spouse is not eligible for Medicare coverage as
prescribed by 42 U.S.C. 1395 et seq.; and
(3) has at least ten (10) years of service credit as a member in the
general assembly.
A former member or surviving spouse of a former member who obtains
insurance under this section is responsible for paying both the
employer and the employee share of the cost of the coverage.
(f) The group health insurance program required under subsections
(b) through (e) and subsection (k) must be equal to that offered active
employees. The retired employee may participate in the group health
insurance program if the retired employee pays an amount equal to the
employer's and the employee's premium for the group health insurance
for an active employee and if the retired employee within ninety (90)
days after the employee's retirement date files a written request for
insurance coverage with the employer. Except as provided in
subsection (l), the employer may elect to pay any part of the retired
employee's premium with respect to insurance coverage under this
chapter.
(g) Except as provided in subsection (j), a retired employee's
eligibility to continue insurance under this section ends when the
employee becomes eligible for Medicare coverage as prescribed by 42
U.S.C. 1395 et seq., or when the employer terminates the health
insurance program. A retired employee who is eligible for insurance
coverage under this section may elect to have the employee's spouse
covered under the health insurance program at the time the employee
retires. If a retired employee's spouse pays the amount the retired
employee would have been required to pay for coverage selected by the
spouse, the spouse's subsequent eligibility to continue insurance under
this section is not affected by the death of the retired employee. The
surviving spouse's eligibility ends on the earliest of the following:
(1) When the spouse becomes eligible for Medicare coverage as
prescribed by 42 U.S.C. 1395 et seq.
(2) When the employer terminates the health insurance program.
(3) Two (2) years after the date of the employee's death.
(4) The date of the spouse's remarriage.
(h) This subsection does not apply to an employee who is entitled
to group insurance coverage under IC 20-28-10-2(b). An employee
who is on leave without pay is entitled to participate for ninety (90)
days in any health insurance program maintained by the employer for
active employees if the employee pays an amount equal to the total of
the employer's and the employee's premiums for the insurance.
(i) An employer may provide group health insurance for retired
employees or their spouses not covered by this section and may provide
group health insurance that contains provisions more favorable to
retired employees and their spouses than required by this section. A
public employer may provide group health insurance to an employee
who is on leave without pay for a longer period than required by
subsection (h).
(j) An employer may elect to permit former employees and their
spouses, including surviving spouses, to continue to participate in a
group health insurance program under this chapter after the former
employee (who is otherwise qualified under this chapter to participate
in a group insurance program) or spouse has become eligible for
Medicare coverage as prescribed by 42 U.S.C. 1395 et seq.
(k) The state shall provide a group health insurance program to each
retired employee:
(1) who was employed as a teacher in a state institution under:
(A) IC 11-10-5;
(B) IC 12-24-3;
(C) IC 16-33-3;
(D) IC 16-33-4;
(E) IC 20-21-2-1; or
(F) IC 20-22-2-1;
(2) who is at least fifty-five (55) years of age on or before the
employee's retirement date;
(3) who is not eligible for Medicare coverage as prescribed by 42
U.S.C. 1395 et seq.; and
(4) who:
(A) has at least fifteen (15) years of service credit as a
participant in the retirement fund of which the employee is a
member on or before the employee's retirement date; or
(B) completes at least ten (10) years of service credit as a
participant in the retirement fund of which the employee is a
member immediately before the employee's retirement.
(l) The president pro tempore of the senate and the speaker of the
house of representatives may not elect to pay any part of the premium
for insurance coverage under this chapter for a former member of the
general assembly or the spouse of a former member of the general
assembly whose last day of service as a member of the general
assembly is after July 31, 2007.
(m) This subsection applies to a former member of the general
assembly:
(1) whose last day of service as a member of the general assembly
was before August 1, 2007;
(2) who, upon ceasing the service described in subdivision (1),
obtained group health insurance coverage as a retired employee
under this chapter;
(3) whose employer elected under subsection (f) to pay any part
of the retired employee premium for the group health insurance
coverage; and
(4) who, after December 31, 2016, is elected to any public office
through which the former member may obtain coverage under a
policy or contract for basic health care services (as defined in IC 27-13-1-4).
The eligibility of the former member, and of any spouse, former
spouse, or dependent of the former member, to continue the group
health insurance coverage described in subdivision (2) ends, and an
election described in subdivision (3) is void, on the date on which the
former member takes office.