§ 38.2-3323. Group life insurance coverages of spouses, dependent children,and other persons.
A. Coverage under a group life insurance policy, except a policy issuedpursuant to § 38.2-3318.1 B, may be extended to insure:
1. The spouse and any child who is under the age of 19 years or who is adependent and a full-time student under 25 years of age, or any class ofspouses and dependent children, of each insured group member who so elects;and
2. Any other person in whom the insured group member has an insurableinterest as defined in §§ 38.2-301 and 38.2-302 as may mutually be agreedupon by the insurer and the group policyholder.
The amount of insurance on the life of a spouse, child, or other person shallnot exceed the amount of insurance for which the insured group member iseligible.
B. A spouse insured under this section shall have the same conversion rightto the insurance on his or her life as the insured group member.
C. Notwithstanding the provisions of § 38.2-3331, one certificate may beissued for each insured group member if a statement concerning any spouse's,dependent child's, or other person's coverage is included in the certificate.
D. In addition to the coverages afforded by the provisions of this section,any such plan for group life insurance which includes coverage for childrenshall afford coverage to any child who is both (i) incapable ofself-sustaining employment by reason of mental retardation or physicalhandicap and (ii) chiefly dependent upon the employee for support andmaintenance. Upon request of the insurer, proof of incapacity and dependencyshall be furnished to the insurer by the insured group member within 31 daysof the child's attainment of the specified age. Subsequent proof may berequired by the insurer but not more frequently than annually after thetwo-year period following the child's attainment of the specified age. Theinsurer shall be allowed to charge a premium at the insurer's then customaryrate applicable to such group policy for such extended coverage.
E. 1. Upon termination of such group coverage of a child, the child shall beentitled to have issued to him by the insurer, without evidence ofinsurability, an individual life insurance policy without disability or othersupplementary benefits, if:
a. An application for the individual policy is made, and the first premiumpaid to the insurer, within 31 days after such termination; and
b. The individual policy, at the option of such person, is on any one of theforms then customarily issued by the insurer at the age and for the amountapplied for, except that the group policy may exclude the option to electterm insurance;
c. The individual policy is in an amount not in excess of the amount of lifeinsurance which ceases because of such termination, less the amount of anylife insurance for which such person becomes eligible under the same or anyother group policy within 31 days after such termination, provided that anyamount of insurance which has matured on or before the date of suchtermination as an endowment payable to the person insured, whether in one sumor in installments or in the form of an annuity, shall not, for the purposesof this provision, be included in the amount which is considered to ceasebecause of such termination; and
d. The premium on the individual policy is at the insurer's then customaryrate applicable to the form and amount of the individual policy, to the classof risk to which such person then belongs, and to the individual age attainedon the effective date of the individual policy.
2. Subject to the same conditions set forth above, the conversion privilegeshall be available (i) to a surviving dependent, if any, at the death of thegroup member, with respect to the coverage under the group policy whichterminates by reason of such death, and (ii) to the dependent of the groupmember upon termination of coverage of the dependent, while the group memberremains insured under the group policy, by reason of the dependent ceasing tobe a qualified family member under the group policy.
(1960, c. 272, § 38.1-472.1; 1976, c. 111; 1980, c. 110; 1984, c. 364; 1985,c. 28; 1986, c. 562; 1995, c. 259; 1998, c. 154; 2010, cc. 227, 374.)
§ 38.2-3323. Group life insurance coverages of spouses, dependent children,and other persons.
A. Coverage under a group life insurance policy, except a policy issuedpursuant to § 38.2-3318.1 B, may be extended to insure:
1. The spouse and any child who is under the age of 19 years or who is adependent and a full-time student under 25 years of age, or any class ofspouses and dependent children, of each insured group member who so elects;and
2. Any other person in whom the insured group member has an insurableinterest as defined in §§ 38.2-301 and 38.2-302 as may mutually be agreedupon by the insurer and the group policyholder.
The amount of insurance on the life of a spouse, child, or other person shallnot exceed the amount of insurance for which the insured group member iseligible.
B. A spouse insured under this section shall have the same conversion rightto the insurance on his or her life as the insured group member.
C. Notwithstanding the provisions of § 38.2-3331, one certificate may beissued for each insured group member if a statement concerning any spouse's,dependent child's, or other person's coverage is included in the certificate.
D. In addition to the coverages afforded by the provisions of this section,any such plan for group life insurance which includes coverage for childrenshall afford coverage to any child who is both (i) incapable ofself-sustaining employment by reason of mental retardation or physicalhandicap and (ii) chiefly dependent upon the employee for support andmaintenance. Upon request of the insurer, proof of incapacity and dependencyshall be furnished to the insurer by the insured group member within 31 daysof the child's attainment of the specified age. Subsequent proof may berequired by the insurer but not more frequently than annually after thetwo-year period following the child's attainment of the specified age. Theinsurer shall be allowed to charge a premium at the insurer's then customaryrate applicable to such group policy for such extended coverage.
E. 1. Upon termination of such group coverage of a child, the child shall beentitled to have issued to him by the insurer, without evidence ofinsurability, an individual life insurance policy without disability or othersupplementary benefits, if:
a. An application for the individual policy is made, and the first premiumpaid to the insurer, within 31 days after such termination; and
b. The individual policy, at the option of such person, is on any one of theforms then customarily issued by the insurer at the age and for the amountapplied for, except that the group policy may exclude the option to electterm insurance;
c. The individual policy is in an amount not in excess of the amount of lifeinsurance which ceases because of such termination, less the amount of anylife insurance for which such person becomes eligible under the same or anyother group policy within 31 days after such termination, provided that anyamount of insurance which has matured on or before the date of suchtermination as an endowment payable to the person insured, whether in one sumor in installments or in the form of an annuity, shall not, for the purposesof this provision, be included in the amount which is considered to ceasebecause of such termination; and
d. The premium on the individual policy is at the insurer's then customaryrate applicable to the form and amount of the individual policy, to the classof risk to which such person then belongs, and to the individual age attainedon the effective date of the individual policy.
2. Subject to the same conditions set forth above, the conversion privilegeshall be available (i) to a surviving dependent, if any, at the death of thegroup member, with respect to the coverage under the group policy whichterminates by reason of such death, and (ii) to the dependent of the groupmember upon termination of coverage of the dependent, while the group memberremains insured under the group policy, by reason of the dependent ceasing tobe a qualified family member under the group policy.
(1960, c. 272, § 38.1-472.1; 1976, c. 111; 1980, c. 110; 1984, c. 364; 1985,c. 28; 1986, c. 562; 1995, c. 259; 1998, c. 154; 2010, cc. 227, 374.)
§ 38.2-3323. Group life insurance coverages of spouses, dependent children,and other persons.
A. Coverage under a group life insurance policy, except a policy issuedpursuant to § 38.2-3318.1 B, may be extended to insure:
1. The spouse and any child who is under the age of 19 years or who is adependent and a full-time student under 25 years of age, or any class ofspouses and dependent children, of each insured group member who so elects;and
2. Any other person in whom the insured group member has an insurableinterest as defined in §§ 38.2-301 and 38.2-302 as may mutually be agreedupon by the insurer and the group policyholder.
The amount of insurance on the life of a spouse, child, or other person shallnot exceed the amount of insurance for which the insured group member iseligible.
B. A spouse insured under this section shall have the same conversion rightto the insurance on his or her life as the insured group member.
C. Notwithstanding the provisions of § 38.2-3331, one certificate may beissued for each insured group member if a statement concerning any spouse's,dependent child's, or other person's coverage is included in the certificate.
D. In addition to the coverages afforded by the provisions of this section,any such plan for group life insurance which includes coverage for childrenshall afford coverage to any child who is both (i) incapable ofself-sustaining employment by reason of mental retardation or physicalhandicap and (ii) chiefly dependent upon the employee for support andmaintenance. Upon request of the insurer, proof of incapacity and dependencyshall be furnished to the insurer by the insured group member within 31 daysof the child's attainment of the specified age. Subsequent proof may berequired by the insurer but not more frequently than annually after thetwo-year period following the child's attainment of the specified age. Theinsurer shall be allowed to charge a premium at the insurer's then customaryrate applicable to such group policy for such extended coverage.
E. 1. Upon termination of such group coverage of a child, the child shall beentitled to have issued to him by the insurer, without evidence ofinsurability, an individual life insurance policy without disability or othersupplementary benefits, if:
a. An application for the individual policy is made, and the first premiumpaid to the insurer, within 31 days after such termination; and
b. The individual policy, at the option of such person, is on any one of theforms then customarily issued by the insurer at the age and for the amountapplied for, except that the group policy may exclude the option to electterm insurance;
c. The individual policy is in an amount not in excess of the amount of lifeinsurance which ceases because of such termination, less the amount of anylife insurance for which such person becomes eligible under the same or anyother group policy within 31 days after such termination, provided that anyamount of insurance which has matured on or before the date of suchtermination as an endowment payable to the person insured, whether in one sumor in installments or in the form of an annuity, shall not, for the purposesof this provision, be included in the amount which is considered to ceasebecause of such termination; and
d. The premium on the individual policy is at the insurer's then customaryrate applicable to the form and amount of the individual policy, to the classof risk to which such person then belongs, and to the individual age attainedon the effective date of the individual policy.
2. Subject to the same conditions set forth above, the conversion privilegeshall be available (i) to a surviving dependent, if any, at the death of thegroup member, with respect to the coverage under the group policy whichterminates by reason of such death, and (ii) to the dependent of the groupmember upon termination of coverage of the dependent, while the group memberremains insured under the group policy, by reason of the dependent ceasing tobe a qualified family member under the group policy.
(1960, c. 272, § 38.1-472.1; 1976, c. 111; 1980, c. 110; 1984, c. 364; 1985,c. 28; 1986, c. 562; 1995, c. 259; 1998, c. 154; 2010, cc. 227, 374.)
