S.B. No. 423
AN ACT
relating to health insurance coverage and financial assistance for
eligible survivors of certain public servants killed in the line of
duty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 615.041, Government Code, is amended to
read as follows:
Sec. 615.041. PROOF OF CLAIM. As soon as practicable after
[Proof of] the death of an individual listed under Section 615.003
that is claimed to meet the requirements of Section 615.021(1), the
individual's employing entity shall furnish [be furnished] to the
board of trustees of the Employees Retirement System of Texas proof
of the death in the form and with additional evidence and
information required by the board.
SECTION 2. Subchapter C, Chapter 615, Government Code, is
amended by adding Section 615.046 to read as follows:
Sec. 615.046. LIMITED ELIGIBILITY OF CERTAIN SURVIVORS TO
FILE CLAIM. (a) Notwithstanding any other law, an eligible
survivor of an individual described by Section 615.071 whose claim
was denied or who otherwise did not receive payment on a claim under
Section 615.022 because the individual's employing entity did not
timely furnish proof of the individual's death to the board of
trustees of the Employees Retirement System of Texas, may furnish
the proof of death and file a claim not later than September 30,
2011. An eligible survivor who files a claim under this section is
entitled to receive the payment under Section 615.022 that would
have been received had proof of death been timely furnished.
(b) This section expires October 1, 2011.
SECTION 3. Section 615.071, Government Code, is amended to
read as follows:
Sec. 615.071. APPLICABILITY. This subchapter applies only
to eligible survivors of:
(1) an individual listed in Section 615.003(1), (6),
or (7); [or]
(2) an individual listed in Section 615.003(10) or
(11) who is employed by a political subdivision of the state; or
(3) an individual who is:
(A) described by Section 615.003(15); and
(B) employed as a trainee for a position
otherwise described by this section.
SECTION 4. Section 615.072, Government Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) A survivor of an individual listed under Section
615.071 who would have been eligible for health insurance benefits
during the life of the individual may not be denied health insurance
benefits on the ground that the survivor was enrolled in group
health insurance with another employer as of the date of the
individual's death.
SECTION 5. Section 615.073, Government Code, is amended to
read as follows:
Sec. 615.073. BENEFIT TO SURVIVING SPOUSE. (a) An
eligible surviving spouse of a deceased individual listed in
Section 615.071 who was employed by the state is entitled to
purchase or continue to purchase [continued] health insurance
benefits under Chapter 1551, Insurance Code, as provided by this
subchapter.
(b) An eligible surviving spouse of a deceased individual
listed in Section 615.071 who was employed by a political
subdivision of the state is entitled to purchase or continue to
purchase [continued] health insurance benefits from the political
subdivision that employed the deceased individual, including
health coverage:
(1) provided by or through a political subdivision
under:
(A) a health insurance policy or health benefit
plan written by a health insurer; or
(B) a self-insured health benefits plan; or
(2) under Chapter 172, Local Government Code.
(c) The surviving spouse is entitled to [continue to]
purchase or continue to purchase health insurance coverage until
the date the surviving spouse becomes eligible for federal Medicare
benefits.
SECTION 6. Section 615.074, Government Code, is amended to
read as follows:
Sec. 615.074. BENEFIT TO DEPENDENT. (a) An eligible
surviving dependent who is a minor child is entitled to purchase or
continue to purchase health insurance coverage until the date the
dependent reaches the age of 18 or a later date to the extent
required by state or federal law.
(b) An eligible surviving dependent who is not a minor child
is entitled to purchase or continue to purchase health insurance
coverage until the earlier of:
(1) the date the dependent becomes eligible for group
health insurance through another employer; or
(2) the date the dependent becomes eligible for
federal Medicare benefits.
SECTION 7. Subsections (a) and (c), Section 615.075,
Government Code, are amended to read as follows:
(a) An employing entity shall provide written notice to an
eligible survivor to whom this subchapter may apply of the
survivor's rights under this subchapter not later than the 10th day
after the date of the decedent's death. Not later than the 150th
day after the date of the decedent's death, the employing entity
shall send a subsequent written notice under this subsection by
certified mail to any eligible survivor who has not already elected
to purchase or continue to purchase coverage on or before that date.
(c) To receive [continued] coverage under this subchapter,
the employing entity must be informed not later than the 180th day
after the date the decedent died that the eligible survivor elects
to purchase or continue to purchase coverage.
SECTION 8. Section 615.076, Government Code, is amended to
read as follows:
Sec. 615.076. LEVEL OF COVERAGE. (a) An eligible survivor
may elect to purchase or continue to purchase coverage at any level
of benefits currently offered by the employing entity to dependents
of an active employee.
(b) An eligible survivor may elect to purchase or continue
to purchase coverage at a reduced level of benefits if the employing
entity offers that option.
SECTION 9. Section 615.077, Government Code, is amended to
read as follows:
Sec. 615.077. PAYMENTS; RATE. An eligible survivor who is
entitled to [continued] coverage under this subchapter:
(1) is entitled to:
(A) make payments for the coverage or have
payments made on the survivor's behalf at the same time and to the
same entity that payments for coverage are made by current
employees of the employing entity; and
(B) obtain the coverage at the rate paid by
current employees of the employing entity for that coverage; and
(2) may not be required to pay a premium amount for the
coverage that is greater than the premium amount that a current
employee of the employing entity without a spouse is required to pay
to cover the employee alone or to cover the employee and the
employee's dependent children, as applicable to the eligible
survivor.
SECTION 10. Subchapter D, Chapter 615, Government Code, is
amended by adding Section 615.082 to read as follows:
Sec. 615.082. LIMITED ELIGIBILITY OF CERTAIN SURVIVORS TO
REAPPLY FOR COVERAGE. (a) This section applies only to the
eligible survivor of an individual described by Section 615.071 who
died on or after September 1, 1993.
(b) Notwithstanding any other law, an eligible survivor to
whom this section applies who did not purchase or receive health
insurance coverage or benefits under this chapter on or before the
date of the individual's death, or who did not notify the
individual's employing entity of the survivor's election to
purchase or continue to purchase coverage within the time allowed
by law after the individual's death, may apply for health insurance
benefits or coverage not later than September 1, 2012. An eligible
survivor who applies for coverage under this section may purchase
coverage according to the same rate schedule and coverage options
that would apply if the eligible survivor had continued to purchase
coverage after the individual's death.
(c) This section expires September 2, 2012.
SECTION 11. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 423 passed the Senate on
April 7, 2011, by the following vote: Yeas 31, Nays 0; and that the
Senate concurred in House amendment on April 29, 2011, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 423 passed the House, with
amendment, on April 19, 2011, by the following vote: Yeas 146,
Nays 0, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor