38-644

38-644. Eligibility

A. Except as provided in subsections B, C and D, 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.

2. Be a firefighter who is or was regularly assigned to hazardous duty of the type
normally expected of a firefighter or be a peace officer.

3. Have cancer that was first diagnosed after the person's date of membership in
the public safety personnel retirement system.

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 remain
eligible for coverage under the program for five months for each year of credited service
accumulated toward retirement under the public safety personnel retirement system.

D. A person whose eligibility to receive benefits under subsection C 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 as determined by
the board at the time determined by the board.

E. 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.