215 ILCS 5/367h
2021 Illinois Compiled Statutes|Chapter 215 - INSURANCE|215 ILCS 5/ - Illinois Insurance Code.|Article XX - Accident And Health Insurance

 (from Ch. 73, par. 979h)Sec. 367h.     Deputy's continuance privilege.     As used in this Section:1. The terms "municipality" and "creditable service"  shall have the meaning ascribed to such terms by Sections 7-105  and 7-113, respectively, of the Illinois Pension Code, as now or hereafter  amended.The term "deferred pensioner" means a deputy who has retired,  having accumulated enough creditable service to qualify for a pension, but  who has not attained the required age.2. The term "deputy" shall mean a "sheriff's  law enforcement employee" as defined in Section 7-109.3 of the Illinois  Pension Code, and include only  persons under the coverage of Article 7 of that Code, as heretofore or  hereafter  amended.3. The "retirement or disability period" of a deputy means the period:a. which begins on the day the deputy is removed from     a sheriff's police department payroll because of the occurrence of any of the following events, to wit:  (i) the deputy retires as a deferred pensioner, (ii) the deputy retires from active service as a deputy with an attained age and accumulated creditable service which together qualify the deputy for immediate receipt of retirement pension benefits under Section 7-142.1 of the Illinois Pension Code, or (iii) the deputy's disability is established under Article 7 of the Illinois Pension Code; andb. which ends on the first to occur of any of the     following events, to wit:  (i) the deputy's reinstatement or reentry into active service in the sheriff's police department as provided for under Article 7 of the Illinois Pension Code, (ii) the deputy's exercise of any refund option or acceptance of any separation benefit available under Article 7 of the Illinois Pension Code, (iii) the deputy's loss pursuant to Section 7-219 of the Illinois Pension Code of any benefits provided for in Article 7 of that Code, or (iv) the deputy's death or -- if at the time of the deputy's death the deputy is survived by a spouse who, in that capacity, is entitled to receive a surviving spouse's monthly pension pursuant to Article 7 of the Illinois Pension Code -- the death or remarriage of that spouse.No policy of group accident and health insurance under which deputies  employed by a municipality are insured for their individual benefit shall  be issued or delivered in this State to any municipality unless such group  policy provides for the election of continued group insurance coverage for  the retirement or disability period of each deputy who is insured under the  provisions of the group policy on the day immediately preceding the day  on which the retirement or disability period of such deputy begins.  So  long as any required premiums for continued group insurance coverage are  paid in accordance with the provisions of the group policy, an election  made pursuant to this Section shall provide continued group insurance coverage  for a deputy throughout the retirement or disability period of the  deputy and, unless  the deputy otherwise elects and subject to any other provisions of the  group policy which relate either to the provision or to the termination  of dependents' coverage and which are not inconsistent with this Section,  for any dependents of the deputy who are insured under the group policy on the  day immediately preceding the day on which the retirement or disability  period of the deputy begins; provided, however, that when such continued  group insurance coverage is in effect with respect to a deputy on the date  of the deputy's death but the retirement or disability period of  the deputy  does not end with such deputy's death, then the deceased deputy's surviving  spouse upon whose death or remarriage such retirement or disability period  will end shall be entitled, without further election and upon payment of  any required premiums in accordance with the provisions of the group policy,  to maintain such continued group insurance coverage in effect until the end of  such retirement or disability period.  Continued group insurance coverage shall  be provided in accordance with this Section at the same premium rate from time  to time charged for equivalent coverage provided under the group policy with  respect to covered deputies whose retirement or disability period has not  begun, and no distinction or discrimination in the amount or rate of premiums  or in any waiver of premium  or other benefit provision shall be made between continued group insurance  coverage elected pursuant to this Section and equivalent coverage provided  to deputies under the group policy other than pursuant to the provisions  of this Section; provided that no municipality shall be required by reason  of any provision of this Section to pay any group insurance premium other  than one that may be negotiated in a collective bargaining agreement.  If the group policy provides for a reduction in benefits and premium for  insureds who become eligible for medicare, such provision shall apply to  persons electing continued coverage under this Section.Within 15 days of the beginning of the retirement or disability period  of any deputy entitled to elect continued group insurance coverage under any  group policy affected by this Section, the municipality last employing such  deputy shall give written notice of such beginning by certified mail, return  receipt requested, to the insurance company issuing such policy.  The notice  shall include the deputy's name and last known place of residence and the  beginning date of the deputy's retirement or disability period.Within 15 days of the date of receipt of such notice from the municipality,  the insurance company by certified mail, return receipt requested, shall  give written notice to the deputy at the deputy's last known place of  residence that coverage under the group policy may be continued for the  retirement or disability period of the deputy as provided in this Section.  Such notice shall set forth:  (i) a statement of election to be filed by  the deputy if the deputy wishes to continue such group insurance  coverage,  (ii) the amount of monthly premium, including a statement of the portion  of such monthly premium attributable to any dependents' coverage which the  deputy may elect, and (iii) instructions as to the return of the election  form to the insurance company issuing such policy.  Election shall be made,  if at all, by returning the statement of election to the insurance company  by certified mail, return receipt requested, within 15 days after having  received it.If the deputy elects to continue coverage, it shall be the obligation  of the deputy to pay the monthly premium directly to the municipality which  shall forward it to the insurance company issuing the group insurance  policy, or as otherwise  directed by the insurance company; provided, however, that the deputy  shall be entitled to designate on the statement of election  required to be filed with the insurance company that the total  monthly premium, or such portion thereof as is not contributed by  a municipality, be deducted by the Illinois Municipal Retirement Fund  from the monthly pension payment otherwise payable  to or on behalf of the deputy pursuant to Article 7 of the Illinois Pension Code, and be remitted by such Fund to  the insurance company.  The portion, if any, of the monthly premium  contributed by a municipality for such continued group insurance  coverage shall be paid by  the directly to the insurance company issuing the group insurance  policy, or as directed by the insurance company.  Such continued  group insurance coverage shall relate back to the beginning of the deputy's  retirement or disability period.The amendment, renewal or extension of any group insurance policy affected  by this Section shall be deemed to be the issuance of a new policy of insurance  for purposes of this Section.In the event that a municipality makes a program of accident, health,  hospital or medical benefits available to its deputies through  self-insurance, or by participation in a pool or reciprocal insurer, or by  contract in a form other than a policy of group insurance with one or more  medical service plans, health care service corporations, health maintenance  organizations, or any other professional corporations or plans under which  health care or reimbursement for the costs thereof is  provided, whether the cost of such benefits is borne by the municipality or  the deputies or both, such deputies and their surviving spouses shall have  the same right to elect continued coverage under such program of benefits  as they would have if such benefits were provided by a policy of group  accident and health insurance.  In such cases, the notice of right to elect  continued coverage shall be sent by the municipality; the statement of  election shall be sent to the municipality; and references to the required  premium shall refer to that portion of the cost of such benefits which is not  borne by the municipality, either voluntarily or pursuant to the provisions  of a collective bargaining agreement.  In the case of a municipality  providing such benefits through self-insurance or participation in a pool or  reciprocal insurer, the right to elect continued coverage which is provided  by this paragraph shall be implemented and made available to the deputies of  the municipality and qualifying surviving spouses not later than July 1, 1986.The amendment, renewal or extension of any such contract in a form other  than a policy of group insurance policy shall be deemed the formation of a  new contract for the purposes of this Section.This Section shall not limit the exercise of any conversion privileges  available under Section 367e.    (Source: P.A. 90-655, eff. 7-30-98.)