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Senate Engrossed House Bill
cancer insurance; public safety; retirees (now: cancer insurance; retirees; public safety) |
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State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
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CHAPTER 208
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HOUSE BILL 2689 |
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An Act
amending section 38-644, Arizona Revised Statutes; repealing Laws 2012, chapter 287, section 2, as amended by Laws 2014, chapter 190, section 12 and Laws 2017, chapter 113, section 1; relating to the public safety cancer insurance policy program.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 38-644, Arizona Revised Statutes, is amended to read:
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) For 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.
E. 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.
Sec. 2. Repeal
Laws 2012, chapter 287, section 2, as amended by Laws 2014, chapter 190, section 12 and Laws 2017, chapter 113, section 1, is repealed.
Sec. 3. Election to continue cancer insurance coverage; plan documents; updates
A. On or before January 1, 2027, persons who were eligible for the public safety cancer insurance policy program established pursuant to title 38, chapter 4, article 3, Arizona Revised Statutes, and who did not receive covered benefits after retirement pursuant to section 38-644, subsection C, Arizona Revised Statutes, as amended by this act, may elect to continue coverage under the public safety cancer insurance policy program pursuant to section 38-644, Arizona Revised Statutes, as amended by this act.
B. The public safety personnel retirement system administrator shall work with the public safety personnel retirement system advisory committee established by section 38-848, Arizona Revised Statutes, and the public safety personnel retirement system's actuary to make recommendations to the public safety personnel retirement system board regarding updates to the public safety cancer insurance policy program plan documents to comply with section 38-644, Arizona Revised Statutes, as amended by this act.
Sec. 4. Effective date
Section 38-644, Arizona Revised Statutes, as amended by this act, and section 3 of this act are effective from and after December 31, 2025.
APPROVED BY THE GOVERNOR MAY 13, 2025.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 13, 2025.