HB 1044

           Second Regular Session of the 124th General Assembly (2026)
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between statutes enacted by the 2025 Regular Session of the General Assembly.
    HOUSE ENROLLED ACT No. 1044
  AN ACT to amend the Indiana Code concerning state and local
administration.
    Be it enacted by the General Assembly of the State of Indiana:
   SECTION 1. IC 5-10-8-2.2, AS AMENDED BY P.L.111-2019,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2.2. (a) As used in this section, "dependent"
means a natural child, stepchild, or adopted child of a public safety
employee who:
      (1) is less than eighteen (18) years of age;
      (2) is at least eighteen (18) years of age and has a physical or
      mental disability (using disability guidelines established by the
      Social Security Administration); or
      (3) is at least eighteen (18) and less than twenty-three (23) years
      of age and is enrolled in and regularly attending a secondary
      school or is a full-time student at an accredited college or
      university.
   (b) As used in this section, "public safety employee" means a
full-time firefighter, police officer, county police officer, or sheriff.
   (c) This section applies only to local unit public employers and their
public safety employees.
   (d) A local unit public employer may provide programs of group
health insurance for its active and retired public safety employees
through one (1) of the following methods:
      (1) By purchasing policies of group insurance.
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       (2) By establishing self-insurance programs.
       (3) If the local unit public employer is a school corporation, by
       electing to provide the coverage through a state employee health
       plan under section 6.7 of this chapter.
A local unit public employer may provide programs of group insurance
other than group health insurance for the local unit public employer's
active and retired public safety employees by purchasing policies of
group insurance and by establishing self-insurance programs. However,
the establishment of a self-insurance program is subject to the approval
of the unit's fiscal body.
    (e) A local unit public employer may pay a part of the cost of group
insurance for its active and retired public safety employees. However,
a local unit public employer that provides group life insurance for its
active and retired public safety employees shall pay a part of the cost
of that insurance.
    (f) A local unit public employer may not cancel an insurance
contract under this section during the policy term of the contract.
    (g) After June 30, 1989, a local unit public employer that provides
a group health insurance program for its active public safety employees
shall also provide a group health insurance program to the following
persons:
       (1) Retired public safety employees.
       (2) Public safety employees who are receiving disability benefits
       under IC 36-8-6, IC 36-8-7, IC 36-8-7.5, IC 36-8-8, or IC 36-8-10.
       (3) Surviving spouses and dependents of public safety employees
       who die while in active service or after retirement.
    (h) A public safety employee who is retired or has a disability, other
than a Class 1 impairment that qualifies for benefits under
IC 36-8-8-13.5(b) or a Class 2 impairment that qualifies for
benefits under IC 36-8-8-13.5(c), and is eligible for group health
insurance coverage under subsection (g)(1) or (g)(2):
       (1) may elect to have the person's spouse, dependents, or spouse
       and dependents covered under the group health insurance
       program at the time the person retires or becomes disabled;
       (2) must file a written request for insurance coverage with the
       employer within ninety (90) days after the person retires or begins
       receiving disability benefits; and
       (3) must pay an amount equal to the total of the employer's and
       the employee's premiums for the group health insurance for an
       active public safety employee (however, the employer may elect
       to pay any part of the person's premiums).
    (i) This subsection applies to a public safety employee who
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becomes disabled on or after January 1, 2020. A public safety
employee who receives a Class 1 impairment benefit under
IC 36-8-8-13.5(b) or a Class 2 impairment benefit under
IC 36-8-8-13.5(c) and is eligible for group health insurance
coverage under subsection (g)(2):
      (1) may elect to have the person's spouse, dependents, or
      spouse and dependents covered under the group health
      insurance program;
      (2) must file a written request for insurance coverage with the
      employer:
         (A) before June 1, 2026; or
         (B) within ninety (90) days after the person begins
         receiving disability benefits;
      whichever is later; and
      (3) must pay no more than the amount that the person would
      have been required to pay if still serving as a current active
      public safety employee employed by the local unit public
      employer for coverage selected by the person (however, the
      employer may elect to pay any part of the person's
      premiums).
If a public safety agency closes, merges, or otherwise ceases to
exist, the local unit public employer that caused the public safety
agency to cease to exist, shall continue to provide the insurance
coverage required under this subsection.
   (i) (j) Except as provided in IC 5-10-18, IC 36-8-6-9.7(f),
IC 36-8-6-10.1(h), IC 36-8-7-12.3(g), IC 36-8-7-12.4(j),
IC 36-8-7.5-13.7(h), IC 36-8-7.5-14.1(i), IC 36-8-8-13.9(d),
IC 36-8-8-14.1(h), and IC 36-8-10-16.5 for a surviving spouse or
dependent of a public safety employee who dies in the line of duty, a
surviving spouse or dependent who is eligible for group health
insurance under subsection (g)(3):
      (1) may elect to continue coverage under the group health
      insurance program after the death of the public safety employee;
      (2) must file a written request for insurance coverage with the
      employer within ninety (90) days after the death of the public
      safety employee; and
      (3) must pay the same amount that the public safety employee
      would have been required to pay under this section if still serving
      as a current active public safety employee employed by the
      local unit public employer for coverage selected by the surviving
      spouse or dependent (however, the employer may elect to pay any
      part of the surviving spouse's or dependents' premiums).
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   (j) (k) The eligibility for group health insurance under this section
for a public safety employee who is retired or has a disability ends on
the earlier of the following:
      (1) When the public safety employee becomes eligible for
      Medicare coverage as prescribed by 42 U.S.C. 1395 et seq.
      (2) When the employer terminates the health insurance program
      for active public safety employees.
   (k) (l) A surviving spouse's or spouse's eligibility for group health
insurance under this section ends on the earliest of the following:
      (1) When the surviving spouse or spouse becomes eligible for
      Medicare coverage as prescribed by 42 U.S.C. 1395 et seq.
      (2) When the unit providing the insurance terminates the health
      insurance program for active public safety employees.
      (3) The date of the surviving spouse's remarriage.
      (4) When health insurance becomes available to the surviving
      spouse or spouse through employment.
   (l) (m) A dependent's eligibility for group health insurance under
this section ends on the earliest of the following:
      (1) When the dependent becomes eligible for Medicare coverage
      as prescribed by 42 U.S.C. 1395 et seq.
      (2) When the unit providing the insurance terminates the health
      insurance program for active public safety employees.
      (3) When the dependent no longer meets the criteria set forth in
      subsection (a).
      (4) When health insurance becomes available to the dependent
      through employment.
   (m) (n) A public safety employee who is on leave without pay is
entitled to participate for ninety (90) days in any group health insurance
program maintained by the local unit public employer for active public
safety employees if the public safety employee pays an amount equal
to the total of the employer's and the employee's premiums for the
insurance. However, the employer may pay all or part of the employer's
premium for the insurance.
   (n) (o) A local unit public employer may provide group health
insurance for retired public safety employees or their spouses not
covered by subsections (g) through (l) (m) and may provide group
health insurance that contains provisions more favorable to retired
public safety employees and their spouses than required by subsections
(g) through (l). (m). A local unit public employer may provide group
health insurance to a public safety employee who is on leave without
pay for a longer period than required by subsection (m), (n), and may
continue to pay all or a part of the employer's premium for the
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insurance while the employee is on leave without pay.
   SECTION 2. An emergency is declared for this act.
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Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date:  Time:
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