§ 5-10-8-8.2 — Former legislators

Indiana § 5-10-8-8.2

• Jurisdiction: Indiana
• Title 5: STATE AND LOCAL ADMINISTRATION
• Art. 10: PUBLIC EMPLOYEE BENEFITS
• Ch. 8: Group Insurance for Public Employees

Text

2. (a) As used in this section, "former
legislator" means a former member of the general assembly.
(b) As used in this section, "dependent" means an unmarried person
who:
(1) is:
(A) a dependent child, stepchild, foster child, or adopted child
of a former legislator or spouse of a former legislator; or
(B) a child who resides in the home of a former legislator or
spouse of a former legislator who has been appointed legal
guardian for the child; and
(2) is:
(A) less than twenty-three (23) years of age;
(B) at least twenty-three (23) years of age, incapable of
self-sustaining employment by reason of mental or physical
disability, and is chiefly dependent on a former legislator or
spouse of a former legislator for support and maintenance; or
(C) at least twenty-three (23) years of age and less than
twenty-five (25) years of age and is enrolled in and is a
full-time student at an accredited college or university.
(c) As used in this section, "spouse" means a person who is or was
married to a former legislator.
(d) After June 30, 2001, the state shall provide to a former
legislator:
(1) whose last day of service as a member of the general assembly
was after December 31, 2000;
(2) who served in all or part of at least four (4) terms of the
general assembly (as defined in IC 2-2.1-1-1);
(3) who pays an amount equal to the employee's and employer's
premium for the group health insurance for an active employee;
and
(4) who files a written request for insurance coverage with the
employer within ninety (90) days after the former legislator's:
(A) last day of service as a member of the general assembly; or
(B) retirement date;
a group health insurance program that is equal to that offered to active
employees.
(e) Except as provided by section 8(j) of this chapter, the eligibility
of a former legislator to continue insurance under this section ends
when the former legislator becomes eligible for Medicare coverage as
prescribed by 42 U.S.C. 1395 et seq. or when the employer terminates
the health insurance program.
(f) A former legislator who is eligible for insurance coverage under
this section may elect to have a spouse or dependent of the former
legislator covered under the health insurance program. A former
legislator who makes an election under this subsection must pay the
employee's and employer's premium for the group health insurance
program for an active employee that is attributable to the inclusion of
a spouse or dependent.
(g) A spouse or dependent may continue insurance under this
section after the death of the former legislator if the spouse or
dependent pays the amount the former legislator would have been
required to pay for coverage selected by the spouse or dependent.
(h) Except as provided under section 8(j) of this chapter, the
eligibility of a spouse to continue insurance under this section ends on
the earliest of the following:
(1) When the employer terminates the health insurance program.
(2) The date of the legislative spouse's remarriage.
(3) When the required amount for coverage is not paid with
respect to the spouse.
(4) When the spouse becomes eligible for Medicare coverage as
prescribed by 42 U.S.C. 1395 et seq.
(i) The eligibility of a dependent to continue insurance under this
section ends on the earliest of the following:
(1) When the employer terminates the health insurance program.
(2) The date the dependent no longer meets the definition of a
dependent.
(3) When the required amount for coverage is not paid with
respect to the dependent.
(j) The spouse of a deceased former legislator may elect to
participate in the group health insurance program under this section if
all of the following apply:
(1) The deceased legislator:
(A) died after December 31, 2000, while serving as a member
of the general assembly; and
(B) served in all or part of at least four (4) terms of the general
assembly (as defined in IC 2-2.1-1-1).
(2) The surviving spouse files a written request for insurance
coverage with the employer.
(3) The surviving spouse pays an amount equal to the employee's
and employer's premium for the group health insurance for an
active employee, including any amount with respect to covered
dependents of the former legislator.
(k) Except as provided under section 8(j) of this chapter, the
eligibility of the surviving spouse under subsection (j) ends on the
earliest of the following:
(1) When the employer terminates the health insurance program.
(2) The date of the spouse's remarriage.
(3) When the required amount for coverage is not paid with
respect to the spouse and any covered dependent.
(4) When the surviving spouse becomes eligible for Medicare
coverage as prescribed by 42 U.S.C. 1395 et seq.

Legislative History

As added by P.L.13-2001, SEC.10. Amended by P.L.1-2007, SEC.26.