§ 62-81. Insurance.

(a)

Generally. The city commission may, through corporations authorized to do business in the state, procure life, annuity, health, accident, medical, hospitalization, and other types of insurance for all or any group of its officers and employees including city commissioners and may finance payments of the premiums by appropriation of available monies, by ad valorem and other taxes, by deductions from the compensation of each insured, or by any combination of these methods.

(b)

If the death of an officer or an employee of the city who is eligible to receive health insurance benefits is caused by an intentional act or an accident, as defined herein, that occurs while the employee is engaged in the performance of his duties for the city, the city shall pay the entire premium of its insurance plan for the employee's surviving spouse, domestic partner, and each dependent child of the employee so long as such surviving spouse, domestic partner, or dependent child is eligible.

(1)

Eligibility.

a.

A surviving spouse is eligible to receive this benefit until the date on which such spouse remarries.

b.

A domestic partner is eligible to receive this benefit until such domestic partner enters into a marital relationship or a subsequent domestic partnership.

c.

A dependent child, including the dependent child of a domestic partnership whether or not that child is the biological children of the deceased employee, is eligible to receive this benefit until the child reaches the age of majority, or until the end of the calendar year in which the child reaches the age of 25 if: (1) at the time of the employee's death, the child is dependent upon the employee for support; and (2) the sur-viving child continues to be dependent for support, or the surviving child is a full-time or part-time student and is dependent for support.

(2)

Law enforcement officers. For surviving spouses, domestic partners, and dependent children, as defined herein, of law enforcement officers whose death occurred in the line of duty and in the performance of law enforcement duties, the city shall pay the entire premium for the health insurance benefit provided in the Article 21 of the Collective Bargaining Agreement between the city and the Palm Beach County Police Benevolent Association, Certified Unit Nos. 145 and 825.

(3)

Domestic partner. If, prior to death as defined herein, the officer or employee had submitted an affidavit of domestic partnership and had obtained health insurance coverage with the city's health insurance carrier for either a domestic partner or dependent children of the domestic partnership, the city shall pay the entire health insurance premium for the domestic partner and for each dependent child of the domestic partnership covered under the city's policy at the time of the employee's death as provided herein.

(4)

Coverage. Coverage afforded by the city under this provision shall be the same type of coverage that the employee elected while in the city's employ. If the employee declined health insurance coverage while in the city's employ or if the employee did not elect to provide coverage for his spouse or dependent children, the coverage afforded under this provision shall be the basic HMO coverage.

(5)

Election for PPO coverage. Surviving spouses, domestic partners, and dependent children may elect coverage under the city's PPO health insurance plan, if such coverage is not already provided under subsection (2) above, and if offered to regular employees at the time the election is made. Such spouses, domestic partners, and children making said election shall agree to pay to the city the difference between the monthly PPO premium at the time the election is made and the HMO premium.

(6)

Definition of "accident". An "accident" shall be defined as an unexpected or unusual event that happens suddenly.

(7)

Other causes of death. The following causes of death are specifically excluded from the definition of "intentional act" and "accident", and cannot form the basis for payment under subsection (b) of this section.

a.

Death that is caused in any fashion or to any degree by the employee's use of alcohol, controlled substances or narcotic drugs, or that is due to the accidental acceleration or aggravation of a disease due to the habitual use or alcohol or controlled substances or narcotic drugs.

b.

Death of an employee that results from an occupational disease as defined in F.S. § 440.151, except as provided in F.S. § 112.18.

c.

Congenital or health-related causes of death, even if related in any fashion or to any degree to the employee's employment, except as provided in F.S. § 112.18.

d.

Intentional or reckless acts of the surviving spouse, domestic partner, or dependent child.

e.

Intentional or reckless acts of the employee, including suicide.

(8)

The city shall provide this benefit for all employees who met the requirements of this provision as of December 1, 1999. The right to receive the benefit, however, shall commence on the effective date of this section, and shall not be provided retroactively.

(Code 1979, § 2-235; Ord. No. 3719-03, § 1, 12-8-2003)