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2005 SESSION

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053622276
HOUSE BILL NO. 1738 Offered January 12, 2005 Prefiled January 3, 2005 A BILL to amend and reenact § 9.1-404 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 9.1-401.1, relating to the Line of Duty Act; disabled State Police officers; reimbursement of health insurance premiums. ---------- Patron-- Cosgrove ---------- Referred to Committee on Appropriations ----------

Be it enacted by the General Assembly of Virginia:

1.  That § 9.1-404 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 9.1-401.1 as follows:

§ 9.1-401.1. Reimbursement of health premiums; State Police officers; claims.

A. Beginning July 1, 2005, any state police officer (i) who became disabled during the period between April 8, 1972 and July 1, 2000, (ii) whose disability occurred while in the line of duty as the direct or proximate result of the performance of his duty, and (iii) whose disability arose out of and in the course of his employment, shall be entitled to reimbursement of any health insurance premiums paid by such officer during the time period stated above.

B. The officer shall present his claim to Superintendent of the Department of State Police on forms to be provided by the State Comptroller's office.

§ 9.1-404. Order of Comptroller.

A. If it appears to the Comptroller that the requirements of either subsection A or B of § 9.1-402 have been satisfied, he shall issue his warrant in the appropriate amount for payment out of the general fund of the state treasury to the surviving spouse or to such persons and subject to such conditions as may be proper in his administrative discretion, and in the event there is no beneficiary, the Comptroller shall issue the payment to the estate of the deceased person. The Comptroller shall issue a decision, and payment, if appropriate, shall be made no later than forty-five 45 days following receipt of the report required under § 9.1-403.

B. If it appears to the Comptroller that the requirements of either subsection A or B of § 9.1-401 have been satisfied, he shall issue his warrants in the appropriate amounts for payment from the general fund of the state treasury to ensure continued health care coverage for the persons designated under § 9.1-401. The Comptroller shall issue a decision, and payments, if appropriate, shall commence no later than forty-five 45 days following receipt of the report required under § 9.1-403. The payments shall be retroactive to the first date that the disability existed.

C. If it appears to the Comptroller that the requirements of § 9.1-401.1 have been satisfied, he shall issue his warrants in the appropriate amounts for payment from the general fund of the state treasury to reimburse health insurance premiums paid by disabled state police officers as provided in § 9.1-401.1. The Comptroller shall issue a decision, and payments, if appropriate, shall commence no later than 45 days following receipt of the report required under § 9.1-403.