Mont. Code § 2-15-2045

Current through the 2023 Regular Session

Section 2-15-2045 - End of watch health insurance support

(1)

(a) Local governments that employ a law enforcement officer and provide health insurance benefits to an officer, an officer's spouse, or an officer's dependents shall:

(i) enroll the officer and the officer's spouse and dependents in COBRA continuation coverage if the officer is catastrophically injured; and

(ii) enroll the officer's spouse and dependents in COBRA coverage if the officer dies in the line of duty.

(b) Continuation coverage under this section must provide for the same level of continuation coverage benefits as is available to other members of the group. Premiums charged to an officer, spouse, or dependent under this section must be the same as premiums charged to other similarly situated members of the group.

(c) Dependent special enrollment must be allowed under the terms of the insurance contract or plan.

(d) The provisions of this section are applicable to an officer, spouse, or dependent who is already insured under a COBRA continuation provision.

(2) The law enforcement officer's employing agency shall pay the premium for 4 months after the catastrophic injury or death in the line of duty, after which the officer, spouse, or dependent shall pay the premium.

(3) The benefit plans may discontinue or not renew the coverage of an officer, spouse, or dependent only if:

(a) the officer, spouse, or dependent has failed to pay premiums or contributions for which the individual is responsible;

(b) the officer, spouse, or dependent has performed an act or practice that constitutes fraud or has made an intentional misrepresentation of a material fact under the terms of the coverage; or

(c) the state employee group benefit plans cease to offer coverage in accordance with applicable state law.

§ 2-15-2045, MCA

Added by Laws 2023, Ch. 669,Sec. 6, eff. 7/1/2023.

Retroactive applicability: Section 16 of Laws 2023, Ch. 669 provides:

"(1) [This act] applies retroactively, within the meaning of 1-2-109, to persons eligible for loss payments from the Montana end of watch trust pursuant to [section 3(2)] on or after July 1, 2013.

(2) Retroactive payments allowed in subsection (1) must be made for 5 years from July 1, 2023."