CHAPTER 411

An Act to amend the Code of Virginia by adding sections numbered
82-195.20:1 and 88.1-848.1, relating to the coverage of dependent
children in certain plans and insurance contracts. 'S 472}

Approved April 2, 1968

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding sections numbered
$2-195.20:1 and 38.1-348.1, as follows:

§ 32-195.20:1. Any subscription contract delivered or issued for
delivery in this State more than 120 days after the effective date of this
act, which provides that coverage of a dependent child shall terminate
upon attainment of the limiting age for dependent children specified in the
contract shall also provide in substance that attainment of such limiting
age shall not operate to terminate the coverage of such child during the
continuance of such contract and while the child is and continues to be
both (a) incapable of self-sustaining employment by reason of mental
retardation or physical handicap and (b) chiefly dependent upon the sub-
scriber for support and maintenance, provided proof of such incapacity
and dependency is furnished to the insurer by the subscriber within 31
days of the child’s attainment of the limiting age and subsequently as may
be required by the insurer but not more frequently than annually after the
two year period following the child’s attainment of the limiting age; pro-
vided further that such insurer may charge an additional premium for
and with respect to any such continuation of coverage beyond the limiting
age of the contract with respect to such child, which premium shall be
determined by the insurer on the basis of the class of risks applicable to
such child.

§ 38.1-348.1. An individual policy delivered or issued for delivery
in this State more than 120 days after the effective date of this act, which
provides that coverage of a dependent child shall terminate upon attain-
ment of the limiting age for dependent children specified in the policy shall
also provide in substance that attainment of such limiting age shall not
operate to terminate the coverage of such child during the continuance of
such policy and while the child is and continues to be both (a) incapable of
self-sustaining employment by reason of mental retardation or physical
handicap and (b) chiefly dependent upon the policyholder for support and
maintenance, provided proof of such incapacity and dependency is fur-
nished to the insurer by the policyholder within 31 days of the child’s
attainment of the limiting age and subsequently as may be required by
the insurer but not more frequently than annually after the two year
period following the child’s attainment of the limiting age; provided fur-
ther that such insurer may charge an additional premium for and with
respect to any such continuation of coverage beyond the limiting age of
the policy with respect to such child, which premium shall be determined
by the insurer on the basis of the class of risks applicable to such child.