SB 48 — An Act creating a fund in the Department of Public Safety; providing for payment of certain medical insurance premiums for surviving dependents of certain police officers or firefighters who die in the line of duty; and providing for an effective date.

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providing for payment of certain major medical insurance premiums for surviving dependents of certain policepeace officers or firefighters who die in the line of duty;

and providing for an effective date." CS FOR SENATE BILL NO.

4848(STA) 01 "An Act creating a fund in the Department of Public Safety;

providing for payment of 02 certain major medical insurance premiums for surviving dependents of certain policepeace officers 03 officers or firefighters who die in the line of duty;

PolicePeace Officer and Firefighter Survivors' Fund.

PolicePeace officer and firefighter survivors' fund established.

08 (a) 08 The policepeace officer and firefighter survivors' fund is established in the general fund 09 for 09 the purpose of paying major medical insurance premiums for an eligible surviving spouse 10 spouse or dependent child of a policepeace officer or a firefighter.

The department may make 11 make premium payments from the fund to the major medical insurance provider for 12 the former 12 employer of the deceased policepeace officer or firefighter.

(a) Annually, not 14 later than JuneDecember 30,15, the commissioner shall determine the amount of money sufficient 15 sufficient to pay premiums under AS 39.60.030 and the associated administrative 16 costs.

1617 (b) The commissioner shall adopt regulations to implement this chapter.

1718 Sec.

The commissioner may use money in 1819 the fund to pay major medical insurance premiums for a surviving dependent who is 20 eligible 19 under AS 39.60.040 and to pay the department's costs associated with administering21 20administering the fund.

The state employee survivor account and the municipal 22 employee survivor 21 account shall be used to pay premiums for the respective surviving 23 dependents.

2224 Sec.

Eligibility of surviving dependents of policepeace officers and 2325 firefighters for major medical insurance premiums.

(a) A surviving dependent of a 2426 deceased policepeace officer or firefighter may apply to the commissioner for payment of 2527 major medical insurance premiums for a surviving dependent under AS 39.60.030.

Not28 laterWithin 26the thanfirst 30 days after receiving the application,death of the commissionerpeace shallofficer determineor whetherfirefighter, 27 the surviving 29 dependent is presumed to be eligible underto (b)receive ofthe thispremium section.payment.

28Not (b)later Athan person30 who30 isdays aafter survivingreceiving dependentthe ofapplication, anthe employeecommissioner whoshall wasdetermine awhether policethe 2931 officersurviving ordependent firefighter is eligible for premium payments under (a)(b) of this sectionsection. if 30 (1) at the time of death, the employee was a year-round, permanent 31 full-time employee of the state or a municipality that has elected to participate under AS 39.60.050;

If the commissioner determines the surviving dependent is eligible under (b) of this section, the 02 (2)commissioner atshall thereafter determine annually, not later than 30 days before the time03 anniversary of the employee's death, whether the surviving dependent washas receivingbecome 0304 employer-sponsoredineligible medicalunder insurance(c) benefits;or (d) of this section or AS 39.60.060(b).

04The (3)commissioner themay proximate cause of the employee's death is a bodily injury 05 sustainedrequire or a hazardsurviving undergonedependent whileto inprovide theinformation performancerelevant andto withina thedetermination scopeunder of the 06 employee'sthis duties,subsection. as determined by the commissioner;

and 07 (4)(b) theA injuryperson who is a surviving dependent of an employee who was a peace 08 officer or hazardfirefighter is noteligible thefor proximatepremium resultpayments under (a) of wilfulthis negligencesection 08if 09 (1) on the date of the employee's death, the employee was employed 10 by the employee.state or a municipality that has elected to participate under AS 39.60.050, in a 11 permanent, full-time position for which the state or municipality paid or expected to 12 pay the employee for 12 months each year;

0913 (c)(2) A surviving spouse becomes ineligible for premium payments under this 10 section on the earlierdate of the dateemployee's death, the surviving spousedependent 11was (1)14 becomes eligible tofor receivebenefits majorunder medicalthe insuranceemployee's coverageemployer-sponsored bymajor 12medical other15 means;insurance coverage;

16 (3) the proximate cause of the employee's death was a bodily injury 17 sustained or 13a (2)hazard reachesundergone 65while yearsin the performance and within the scope of age.the 18 employee's duties;

14 (d) Except for a child who is totally and permanently19 disabled,(4) a child who 15 survives the employeeinjury becomesor ineligiblehazard forwas premiumnot payments under this section on 16 the earlierproximate result of thewilful date20 thenegligence surviving dependent child 17 (1) becomes eligible to receive a major medical insurance coverage 18 benefit by otherthe means;employee.

or21 19(c) (2)A reachessurviving 26spouse yearsbecomes permanently ineligible for premium payments 22 under this section on the earlier of age.the date the surviving spouse 23 (1) has received the premium payments for 10 years;

2024 (e)(2) Ifbecomes a person is determined eligible forto premiumsreceive undermajor this section, the 21 commissioner shall pay the premium for the level of medical insurance coverage 22by existing25 atother themeans; time of death beginning the first month following the date the surviving 23 dependent applied for fund payments and ending the first month following the date the 24 surviving dependent becomes ineligible under (c) or (d) of this section.

Paymentor of26 25(3) premiumsreaches shall65 beyears madeof toage. the applicable employer medical insurance provider.

2627 Sec.(d) Except for a child who is totally and permanently disabled, a child who 28 survives the employee becomes permanently ineligible for premium payments under 29 this section on the earlier of the date the surviving dependent child 30 (1) becomes eligible to receive major medical insurance coverage by 31 other means;

or (2) reaches 26 years of age.

02 (e) Subject to AS 39.60.060(b), the commissioner shall pay the premium for 03 the level of major medical insurance coverage existing on the date of the employee's 04 death, beginning the first day of the month following the application process and 05 continuing until the first day of the month following the date the commissioner 06 determines the surviving dependent is ineligible under (c) or (d) of this section.

07 Payment of premiums shall be made to the applicable employer major medical 08 insurance provider.

09 Sec.

Municipal election to participate in policepeace officer and 2710 firefighter survivors' fund.

(a) A municipality may elect to participate in the fund by 2811 entering into an agreement with the commissioner that is consistent with 2912 AS 39.60.070.

If a municipality elects to participate in the fund, the commissioner 3013 shall determine the amount and frequency of the municipality's required contributions 3114 to the fund based on the anticipated cost of the municipality's participation, including 15 the department's cost of administering the agreement under this subsection.

0216 (b) The commissioner shall administer agreements entered into under (a) of 0317 this section.

0418 (c) A surviving dependent of a policepeace officer or firefighter who died while 0519 employed by a municipality is not eligible for payments from the fund unless the 0620 municipality elects to participate in the fund and is in compliance with an agreement 0721 entered into under (a) of this section.

0822 Sec.

Eligibility of municipal policepeace officers and firefighters.