House File 2049 - Introduced HOUSE FILE 2049 BY SEXTON A BILL FOR An Act relating to continuation of health care coverage for 1 certain surviving spouses and children of peace officers 2 killed in the line of duty, and including applicability 3 provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5643YH (3) 87 ec/rj
H.F. 2049 Section 1. NEW SECTION . 509A.13C Continuation of coverage 1 of surviving spouse and children of peace officers killed in the 2 line of duty. 3 1. For the purposes of this section, eligible peace 4 officer” means a member as defined in section 97A.1, a special 5 service member as defined in section 97B.1A, or a member as 6 defined in section 411.1, to which a line of duty death benefit 7 is payable pursuant to section 97A.6, subsection 16, section 8 97B.52, subsection 2, or section 411.6, subsection 15. 9 2. a. If a governing body, a county board of supervisors, 10 or a city council has procured accident or health care coverage 11 for its employees under this chapter, such coverage shall 12 permit continuation of existing coverage for the surviving 13 spouse and each surviving child of an eligible peace officer. 14 b. The governing body, county board of supervisors, or city 15 council shall pay the full cost of the coverage required in 16 this section. 17 c. The coverage required in this section for a surviving 18 child of an eligible peace officer shall continue through the 19 earliest of the following: 20 (1) The policy anniversary date on or after the date the 21 child attains the age of twenty-six. 22 (2) The date on which the child becomes eligible for group 23 medical coverage, whether insured or self-insured. 24 d. The coverage required under this section for a surviving 25 spouse shall continue until the earlier of any of the 26 following: 27 (1) Five years after the date of death of the eligible peace 28 officer. 29 (2) The date on which the surviving spouse becomes eligible 30 for group medical coverage, whether insured or self-insured. 31 (3) The date on which the surviving spouse becomes eligible 32 for coverage under Medicare or is covered by Medicaid. 33 (4) The date on which the surviving spouse remarries. 34 3. Notwithstanding any other provision of law, a surviving 35 -1- LSB 5643YH (3) 87 ec/rj 1/ 3
H.F. 2049 spouse who is no longer eligible for continuation of coverage 1 under this section pursuant to subsection 2, paragraph “d” , 2 subparagraph (1), may elect to continue accident or health 3 care coverage by requesting continuation in writing to the 4 applicable governing body, county board of supervisors, or city 5 council within thirty-one days after the date the surviving 6 spouse is no longer eligible under subsection 2, paragraph “d” , 7 subparagraph (1). A surviving spouse electing to continue 8 coverage under this subsection shall pay the total premium for 9 the accident or health coverage. The right of the surviving 10 spouse to continue coverage under this subsection shall cease 11 if any of the conditions in subsection 2, paragraph “d” , 12 subparagraph (2), (3), or (4), occurs. 13 4. This section shall not require continuation of coverage 14 if the surviving spouse or surviving child who would otherwise 15 be entitled to continuation of coverage under this section was, 16 through the surviving spouse’s or surviving child’s actions, a 17 substantial contributing factor to the eligible peace officer’s 18 death. 19 Sec. 2. APPLICABILITY. This Act applies to a death 20 occurring on or after July 1, 2018. 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 This bill requires a city, county, or the state to continue 25 to provide group health insurance benefits to the surviving 26 spouse and children of an eligible peace officer. The bill 27 defines an eligible peace officer as a member of the public 28 safety peace officers’ retirement system created under Code 29 chapter 97A, a special service member of the Iowa public 30 employees’ retirement system created under Code chapter 97B, 31 or a member of the statewide fire and police retirement system 32 created under Code chapter 411, to which a line of duty death 33 benefit under the applicable Code chapter is payable. The bill 34 provides that the full cost of the continuing coverage must 35 -2- LSB 5643YH (3) 87 ec/rj 2/ 3
H.F. 2049 be paid for by the eligible peace officer’s employer. The 1 bill provides that coverage for a surviving spouse continues 2 until the earlier of five years from the date of death of 3 the eligible peace officer, when the spouse remarries, when 4 the spouse becomes eligible for Medicare, or when the spouse 5 is covered by Medicaid. The coverage for a surviving child 6 lasts until the child reaches the age of 26. The bill also 7 provides that continuing coverage ends if the surviving spouse 8 or children become eligible for other group medical coverage. 9 A surviving spouse may elect to continue coverage beyond 10 five years after the date of the eligible peace officer’s death 11 by notifying the eligible peace officer’s employer in writing 12 and by paying the full cost of the coverage. 13 The bill also provides that a surviving spouse or child who 14 caused the eligible peace officer’s death is not entitled to 15 continuation of coverage. 16 The bill applies to deaths occurring on or after July 1, 17 2018. 18 -3- LSB 5643YH (3) 87 ec/rj 3/ 3