This bill would allow the continuation of insurance coverage for the surviving spouse and eligible dependent children of a national guard or reserve member who was killed in active duty if the member was: (1) A state employee maintaining family coverage; (2) A local education employee who maintained family coverage through the local education plan; or (3) A participant in a local government or quasi-governmental organization health plan who maintained family coverage For state employees, the spouse and children's cost would be equal to the amount paid by active employees for the same coverage. For local education and local governmental and quasi-governmental employees, the spouse and children's cost would be 20 percent of the monthly premium for active employees. The military department would pay the employer portion of the premium or balance of the monthly premium. The criteria for eligible dependent children would be the same as those established by the state or local insurance committee for participating employees and their families, as appropriate. If the spouse becomes eligible for insurance coverage through a subsequent marriage, the coverage under this bill would be terminated on the first day of the following month. The state insurance committee, local education insurance committee, or local government insurance committee may establish specific conditions for extensions where pre-existing conditions may apply during that transfer of coverage. If insurance coverage is terminated because of subsequent marriage but the children are not eligible under the new insurance, the children could continue to receive coverage under this bill if they continue to meet dependent eligibility requirements. All of the provisions of this bill would be retroactive to September 11, 2001. As individuals who are qualified for extensions are identified, elect coverage, and pay the appropriate contribution, the coverage would be provided on a prospective basis. ON MAY 24, 2005, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 2336, AS AMENDED. AMENDMENT #1 applies this bill to surviving spouses and qualified dependent children of members of the" Tennessee Army National Guard or Tennessee Air National Guard" who were killed in the performance of their military duties instead of members of the "National Guard or Reserves".

Statutes affected:
Introduced: 2-10-114(b), 2-10-114