Rule 3-502. Insurance benefits for surviving spouses and dependent children of deceased justices, judges, and commissioners.

Intent:

To establish uniform policies providing medical and dental insurance benefits for surviving spouses and dependent children of deceased justices, judges and commissioners.

Applicability:

This rule shall apply to justices, judges and commissioners of all courts of record.

Statement of the Rule:

(1) The surviving spouse and dependent children of justices, judges or commissioners who die prior to or subsequent to retirement shall, upon annual application and showing of need, be eligible for paid up medical and dental insurance premiums based upon the years of service and amount of sick leave used by the justice, judge or commissioner.

(2) Eight months of paid up medical and dental insurance shall accumulate for each calendar year served by the justice, judge or commissioner in which less than four days of sick leave have been used. The payment of medical and dental insurance premiums for a surviving spouse shall not exceed seven years or extend beyond the date when the surviving spouse reaches age 65, whichever occurs first. The payment of medical and dental insurance premiums for dependent children shall not exceed seven years or extend beyond the date when the children cease to be dependent, whichever occurs first. The seven year eligibility period shall begin on the date of the justice's, judge's or commissioner's death or retirement, whichever occurs first.

(3) Medical insurance coverage provided will be the same as that carried by the justice, judge or commissioner prior to his/her death, until the covered individual becomes eligible for Medicare, at which time the premium will be reduced to provide supplemental coverage.

(4) This policy shall be retroactive to January 1, 1987 and will be implemented subject to the availability of funds.