38-644. Eligibility

A. Except as provided in subsections B, C and D of this section, to qualify for covered benefits under the program, a person must satisfy all of the following criteria:

1. Be an active or retired member of the public safety personnel retirement system or the corrections officer retirement plan or a participant in the public safety personnel defined contribution retirement plan.

2. Be one of the following:

(a) A firefighter who is or was regularly assigned to hazardous duty of the type normally expected of a firefighter.

(b) A peace officer.

(c) A corrections officer employed by the state department of corrections or the department of juvenile corrections, a detention officer employed by a county, city or town or any other member as defined in section 38-881 if the department, county, city, town or participating employer as defined in section 38-881 has voluntarily established a program and the corrections officer, detention officer or other member as defined in section 38-881 voluntarily enrolled in the program and made the payments pursuant to section 38-642, subsection D.

3. Have cancer that was first diagnosed after the person's date of membership in the public safety personnel retirement system or corrections officer retirement plan or date of participation in the public safety personnel defined contribution retirement plan.

B. Persons who terminate employment with a participating employer are not eligible for benefits under the program unless the person has made a valid claim for payment of expenses under the program before termination of employment.

C. On retirement, persons who were either receiving benefits under the program before retirement or who are diagnosed with cancer subsequent to retirement and within the time frames specified in this subsection remain eligible for coverage under the program for the total of:

1. Either:

(a) Five months for each year of credited service accumulated toward retirement under the public safety personnel retirement system or corrections officer retirement plan.

(b) Five months for each year of service under the public safety personnel defined contribution retirement plan.

2. Plus actual time spent in the deferred retirement option plan pursuant to section 38-844.03 or the reverse deferred retirement option plan pursuant to section 38-885.01.

D. A person whose eligibility to receive benefits under subsection C of this section is expiring may continue to remain eligible for coverage under the program if the person makes an election with the board and pays to the board the cost of the premium equal to the amount paid by the employer for each employee as determined by the board at the time determined by the board.

E. A person who did not receive covered benefits under subsection C of this section may elect to continue coverage under the program by paying the cost of the premium as determined by the board.  When determining the cost of the premium, the board:

1. Shall determine the cost to the program for persons who elect to continue coverage, except for persons who received covered benefits under subsection C of this section, and set an actuarially determined premium to cover the costs. 

2. May not consider the balance of, contributions to or investment earnings associated with the public safety cancer insurance policy program account established by section 38-643 that are not associated with persons who are eligible for the program pursuant to this subsection.

F. For a person who elects to continue coverage under the program pursuant to subsection E of this section, the annual premium payment shall be deducted from the person's pension payment at the beginning of the plan year.  The person may elect to discontinue coverage under the program within one hundred eighty days after the payment is made and may request a refund of the annual premium payment.  A person who elects to discontinue coverage under the program is no longer eligible for coverage under the program.

G. A person is not eligible for benefits under the program if there is any evidence that the cancer that forms the basis for a benefit claim under the program existed before the person's membership in the public safety personnel retirement system or corrections officer retirement plan or the person's participation in the public safety personnel defined contribution retirement plan.