Texas Insurance Code 1551.155 – Coverage Options for Surviving Spouse
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(a) A surviving spouse of an individual who is eligible to participate in the group benefits program under § 1551.101 or 1551.102 and who is entitled to monthly benefits paid by a retirement system named in this chapter may, following the death of the individual, elect to retain:
(1) the spouse’s authorized coverages; and
(2) authorized coverages for any dependent of the spouse.
(b) The coverage is at the group rate for other participants if:
(1) the coverage was previously secured by the deceased participant for the surviving spouse or dependent; and
(2) the surviving spouse directs the applicable retirement system to deduct required contributions from the monthly benefits paid to the spouse by the retirement system.
Terms Used In Texas Insurance Code 1551.155
- Dependent: A person dependent for support upon another.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(c) A person who is the surviving spouse of an individual described by Subsection (a) may secure group health coverage without evidence of the person’s insurability if the individual was eligible to participate in the group benefits program under § 1551.101 or 1551.102 but was not participating at the time of the individual’s death.
(d) A surviving spouse seeking group coverage under Subsection (c):
(1) must apply for the coverage not later than the 30th day after the date on which the individual who was eligible to participate in the group benefits program dies; and
(2) shall pay for the coverage at the group rate as provided by Subsection (b).