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REFERENCE TITLE: law enforcement; surviving spouse; insurance |
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State of Arizona House of Representatives Fifty-first Legislature First Regular Session 2013
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HB 2204 |
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Introduced by Representatives Robson, Alston, Barton, Borrelli, Boyer, Carter, Coleman, Dial, Fann, Gallego, Livingston, McCune Davis, Stevens: Brophy McGee, Cardenas, Escamilla, Farnsworth, Goodale, Gray, Lovas, Mendez, Mitchell, Olson, Orr, Peshlakai, Petersen, Pierce, Pratt, Saldate, Seel, Shope, Smith, Steele, Townsend, Senator McComish
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AN ACT
amending section 38-1103, Arizona Revised Statutes; relating to law enforcement officers.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 38-1103, Arizona Revised Statutes, is amended to read:
38-1103. Health insurance payments for spouse or dependents of law enforcement officer killed in the line of duty; definition
A. Notwithstanding any other law, the surviving spouse or a dependent of a deceased law enforcement officer is entitled to receive payments for health insurance premiums from public monies of the employer of the law enforcement officer for the first year after the death of the law enforcement officer if:
1. if the law enforcement officer was killed in the line of duty or died from injuries suffered in the line of duty.
2. The law enforcement officer was enrolled in the employer's health insurance plan at the time of death.
3. The surviving spouse is entitled to continue to participate in the employer's health insurance plan.
B. This section applies to the dependents of the deceased law enforcement officer if the dependents were enrolled in the employer's health insurance plan at the time of the law enforcement officer's death.
C. Payments shall be reduced for monies paid for health insurance premiums for the surviving spouse or dependents of the surviving spouse from the retirement plan from which the surviving spouse is receiving benefits.
B. The employer shall make payments if the surviving spouse or dependent is enrolled in either:
1. The health insurance program of the employer.
2. The health insurance program that is offered by the state retirement system or plan from which the surviving spouse or dependent is receiving benefits.
C. The health insurance premium amount payable by the employer of the deceased law enforcement officer is the amount the employer of the deceased law enforcement officer would pay for an active law enforcement officer for a family coverage premium or single coverage premium, whichever is applicable. Payments shall be discontinued pursuant to this section if:
1. The surviving spouse remarries.
2. The surviving spouse becomes medicare eligible.
3. The surviving spouse dies.
4. For dependent coverage, the child is no longer considered a dependent.
D. If the employer currently pays a greater portion of the health insurance premium for a surviving spouse or a dependent than the required amount prescribed in subsection C of this section, the surviving spouse or dependent shall receive the greater amount as payment toward the surviving spouse's or dependent's health insurance premium.
D. E. For the purposes of this section, "law enforcement officer" means:
1. A peace officer who is certified by the Arizona peace officers officer standards and training board.
2. A detention officer or corrections officer who is employed by this state or a political subdivision of this state.
3. A probation officer or surveillance officer who is employed by this state or a political subdivision of this state.
4. A firefighter who is employed by this state or a political subdivision of this state.