Section 5-10-8-8.1 - Retired legislators(a) This section applies only to the state and former legislators.(b) As used in this section, "legislator" means a member of the general assembly.(c) After June 30, 1988, the state shall provide to each retired legislator:(1) whose retirement date is after June 30, 1988;(2) who is not participating in a group health insurance coverage plan:(A) including Medicare coverage as prescribed by 42 U.S.C. 1395 et seq.; but(B) not including a group health insurance plan provided by the state or a health insurance plan provided under IC 27-8-10;(3) who served as a legislator for at least ten (10) years; and(4) who participated in a group health insurance plan provided by the state on the legislator's retirement date; a group health insurance program that is equal to that offered active employees.
(d) A retired legislator who qualifies under subsection (c) may participate in the group health insurance program if the retired legislator:(1) pays an amount equal to the employer's and employee's premium for the group health insurance for an active employee; and(2) within ninety (90) days after the legislator's retirement date files a written request for insurance coverage with the employer.(e) Except as provided in section 8(j) of this chapter, a retired legislator's eligibility to continue insurance under this section ends when the member becomes eligible for Medicare coverage as prescribed by 42 U.S.C. 1395 et seq., or when the employer terminates the health insurance program.(f) A retired legislator who is eligible for insurance coverage under this section may elect to have the legislator's spouse covered under the health insurance program at the time the legislator retires. If a retired legislator's spouse pays the amount the retired legislator would have been required to pay for coverage selected by the spouse, the spouse's subsequent eligibility to continue insurance under this section is not affected by the death of the retired legislator and is not affected by the retired legislator's eligibility for Medicare. Except as provided in section 8(j) of this chapter, the spouse's eligibility ends on the earliest of the following: (1) When the spouse becomes eligible for Medicare coverage as prescribed by 42 U.S.C. 1395 et seq.(2) When the employer terminates the health insurance program.(3) The date of the spouse's remarriage.(g) The surviving spouse of a legislator who dies or has died in office may elect to participate in the group health insurance program if all of the following apply: (1) The deceased legislator would have been eligible to participate in the group health insurance program under this section had the legislator retired on the day of the legislator's death.(2) The surviving spouse files a written request for insurance coverage with the employer.(3) The surviving spouse pays an amount equal to the employer's and employee's premium for the group health insurance for an active employee.(h) Except as provided in section 8(j) of this chapter, the eligibility of the surviving spouse of a legislator to purchase group health insurance under subsection (g) ends on the earliest of the following: (1) When the employer terminates the health insurance program.(2) The date of the spouse's remarriage.(3) When the spouse becomes eligible for Medicare coverage as prescribed by 42 U.S.C. 1395 et seq.As added by P.L. 43-1988, SEC.2. Amended by P.L. 36-1992, SEC.1; P.L. 22-1998, SEC.2; P.L. 233-1999, SEC.4; P.L. 13-2001, SEC.9.