HB 453 establishes health benefit requirements for surviving family members of certain law enforcement officers who die in the line of duty. The legislation applies to full-time law enforcement officers assigned to criminal or traffic law enforcement duties for a municipal or regional police department.
Under the new law, when a covered law enforcement officer dies in the line of duty:
- A surviving spouse is entitled to full health benefits for the remainder of the spouse's life. The law permits a municipality to terminate those benefits if the surviving spouse remarries or receives equivalent health benefits through the spouse's employer.
- Eligible dependents are entitled to full health benefits until age 26, provided they are not eligible for coverage through another eligible employer-sponsored health plan.
- If a line-of-duty determination requires an investigation, existing health benefits must continue without interruption during the investigation.
- When an eligible recipient becomes entitled to or enrolled in Medicare, Medicare becomes primary. For surviving spouses, the municipality or regional police department must provide or reimburse the spouse for supplemental Medicare coverage.
The law defines “full health benefits” as the same level of health insurance coverage from the carrier utilized by a law enforcement officer currently employed by the municipality or regional police department.
What DVHT Members Need to Know
Importantly, the law applies not only to future line-of-duty deaths, but also to the surviving spouse or eligible dependents of an officer who died in the line of duty before the law's effective date. Municipalities are not, however, required to reimburse survivors for health benefit or health care expenses incurred before the law takes effect.
DVHT members should contact us if you are aware of a current or former full-time municipal law enforcement officer who died in the line of duty and left a surviving spouse or eligible dependent. This includes line-of-duty deaths that occurred in prior years.
Going forward, please also contact DVHT promptly if a covered law enforcement officer dies in the line of duty, so that we can work with you regarding the applicable health benefits.
The legislation also requires municipalities and regional police departments to assist surviving spouses in navigating the claims and payment process.
We recognize that these circumstances involve families who have experienced a profound loss, and DVHT is committed to helping our members understand and administer these new requirements. Please reach out to DVHT with any questions about the law, potential eligibility, or how these requirements may apply to your municipality.