Senate Bill 2026

AN ACT TO PROVIDE BENEFITS UNDER THE STATE AND SCHOOL EMPLOYEES HEALTH INSURANCE PLAN TO THE SURVIVING SPOUSE OR A SURVIVING DEPENDENT OF ANY LAW ENFORCEMENT OFFICER WHO IS KILLED IN THE LINE OF DUTY OR DIES FROM INJURIES SUFFERED IN THE LINE OF DUTY; TO PROVIDE THAT SUCH COVERAGE SHALL BE THE SAME PLAN OF BENEFITS AS PROVIDED TO AN EMPLOYEE UNDER THE PLAN; TO AMEND SECTION 25-15-13, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PREVIOUS SECTION; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) Notwithstanding any other provision of law, the surviving spouse or a surviving dependent of a law enforcement officer who, on or after July 1, 2021, is killed in the line of duty or dies from injuries suffered in the line of duty is entitled to receive benefits under the State and School Employees Health Insurance Plan. The coverage provided for in this section shall be the same plan of benefits as provided to an employee under the State and School Employees Health Insurance Plan. The State of Mississippi shall pay one hundred percent (100%) of the premium for such coverage.

(2) A surviving spouse may remain eligible to receive health coverage from the State and School Employees Health Insurance Plan under this section until the surviving spouse remarries or becomes eligible for Medicare, whichever occurs first.

(3) A surviving dependent is eligible to receive health coverage from the State and School Employees Health Insurance Plan under this section until the dependent reaches the age of twenty-six (26). Should health insurance be provided by the federal government, Tricare or similar program for any dependent, the dependent shall only be eligible for state group health coverage in the event of loss of coverage under the federal health insurance plan.

(4) For purposes of this section, the term "law enforcement officer" shall have the same meaning as provided in Section 45-2-1.

SECTION 2. Section 25-15-13, Mississippi Code of 1972, is amended as follows:

25-15-13. (1) Each eligible employee may participate in the plan by signing up for the plan at the time of employment. Each eligible employee who declines coverage under the plan must sign a waiver of coverage. After acceptance in the plan, the employee may cease his or her participation by filing a specific disclaimer with the board. Forms for this purpose shall be prescribed and issued by the board. All eligible employees will be eligible to participate in the plan on the effective date of the plan or on the date on which they are employed by the state, whichever is later, provided they make the necessary contributions as provided in this article. Spouses of employees, unmarried dependent children from birth to age nineteen (19) years, unmarried dependent children who are full-time students up to age twenty-five (25) years, and physically or mentally handicapped children, regardless of age, are eligible under the plan as of the date the employee becomes eligible. If both spouses are eligible employees who participate in the plan, the benefits shall apply individually to each spouse by virtue of his or her participation in the plan. If those spouses also have one or more eligible dependents participating in the plan, the cost of their dependents shall be calculated at a special family plan rate. The cost for participation by the dependents shall be paid by the spouse who elects to carry such dependents under his or her coverage.

(2) The surviving spouse or a surviving dependent of a law enforcement officer who, on or after July 1, 2021, is killed in the line of duty or dies from injuries suffered in the line of duty may participate in the plan in accordance with Section 1 of this act.

SECTION 3. This act shall take effect and be in force from and after July 1, 2021.