Question:
- 13 AAC 70.040(a)(5) How does a spouse prove that he or she is not eligible to receive medical insurance coverage through other means?
What type of proof is acceptable: will a notarized, sworn statement suffice, for example?
Answer: The surviving spouse will certify by the person’s signature that the information provided in the application form is true and accurate. This information will include whether the spouse is not eligible to receive medical insurance from other means.
Question:
- 13 AAC 70.040(b) If annual verification of eligibility is going to be required, what kind of notice will be given to the spouse and each eligible dependent?
What specific information must each provide, and how much time will be allowed for each to provide the required verification?
Answer:
The annual verification form will be sent to the surviving dependents 120 days before the anniversary of the death of the peace officer or firefighter. The verification form will describe the information needed to verify continued eligibility. The surviving dependent or representative must complete the form, attest to the truth and accuracy of the information provided, and return the form to the department within 30 days of receiving it. If the surviving dependent no longer meets eligibility requirements, the department will notify the surviving dependent within 30 days of receiving the completed verification form.
Question:
- 13 AAC 70.042(c) It seems burdensome, but also potentially traumatizing to place the production burden on the surviving spouse. Is it not more likely that the employing agency or law enforcement agency at which the Peace Officer or Firefighter worked would have the most detailed information pertaining to the circumstances surrounding the death because the employing agency or law enforcement agency would have been the entity to investigate the death?
Answer:
The surviving dependent has the burden of proving eligibility to receive the premium payments. The employer, a law enforcement agency, or the employee’s union may offer assistance in gathering information, but the legal duty to provide the information necessary to prove eligibility is on the surviving dependent.
Question:
- Are there any limits to reapplying, and if so, what are they?
Answer:
A surviving dependent who does not meet eligibility requirements for a period (e.g. is eligible for alternative health benefits) may reapply if they become eligible again.
Question:
- 13 AAC 70.090(f) What are the conditions for discontinuing participation in the Peace Officer and Firefighter Survivors’ Fund; i.e., how much notice must be given, who is authorized to give it, and is any special form or format required?
Answer:
The department will provide timely notice to the surviving dependents of a local government’s withdrawal from participation or failure to pay the required premium payments.
Question:
1. Are domestic partners who are surviving a deceased peace officer or firefighter be eligible for this program? Are there any associated criteria for eligibility (e.g., domestic partner was covered under the health plan at the time of death; the health plan offers coverage to domestic partners)?
Answer:
AS 39.60.190(8) “surviving spouse” means a person who was married to an employee at the time of the employee’s death. Only if the death occurred prior to June 26, 2015, and if the employee was in a same sex domestic partnership at the time of death can a former domestic partner be considered for eligibility.
Question:
2. Will DPS notify the insurer of the following impacting eligibility of the survivor:
a. Annual verification of continuing eligibility 13 AAC 70.040(b)
b. Changes that may affect continuing eligibility 13 AAC 70.060
If so, how will the insurer be notified?
Answer:
- DPS will notify the insurer in writing when a surviving dependent ceases to be eligible to receive premium payments.