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2002 Iowa Attorney General Reports and Opinions 1 (2002)

handle is hein.sag/sagia0006 and id is 1 raw text is: Office of the Attorney General State of Iowa *1 02-5-2 May 14, 2002 PUBLIC EMPLOYEES; GROUP INSURANCE: Continuance of group insurance for retirees under the age of sixty- five. Iowa Code §§ 509A.13, 509B.3(5), 509B.4(3) (2001).. Retired public employees under the age of sixty- five who continue group insurance under Iowa Code section 509A.13 must be placed in the same risk pool as all other participants in the group plan for purposes of determining premiums. (Johnson to McCoy, State Senator, 5-14-02) The Honorable Matt McCoy State Senator 2421 E. Leach Avenue Des Moines, IA 50320 Dear Senator McCoy: You have requested an Attorney General's opinion on the interpretation of Iowa Code section 509A.13 (2001), which deals with continuation of group insurance for public employees who retire before the age of sixty-five. We have received information with your request indicating that certain retired municipal employees under the age of sixty-five have been allowed to continue their group health, dental, and prescription drug coverage at their own expense pursuant to section 509A.13. In the past, these retirees have paid substantially the same premiums as active employees in the group plan. According to your information, the municipality has now decided to place these retirees in a separate risk pool from active employees for purposes of computing premiums. This will cause the retirees' premiums for health and prescription drug insurance to more than double. Your specific question is whether placing retirees in a separate risk pool, thereby causing them to pay substantially higher premiums than active employees, is permissible under section 509A.13. At the outset, we must caution you that we are not able to comment on whether any specific group insurance plan qualifies as accident, health, or hospitalization insurance, or a medical plan subject to the requirements of section 509A.13. This would require an analysis of the terms and conditions of the specific plan in question. Such a factual analysis is beyond the scope of an Attorney General's opinion. See 61 Iowa Admin. Code 1.5 (3) (c). We assume, however, for purposes of this opinion, that the group insurance plan or plans which are the subject of your request are covered by section 509A.13. On that basis, we will answer your specific question. ANALYSIS Iowa Code chapter 509A (2001) is entitled Group Insurance for Public Employees. Section 509A.13 provides in pertinent part: *2 If a governing body, a county board of supervisors, or a city council has procured for its employees accident, health, or hospitalization insurance, or a medical service plan, or has contracted with a health maintenance organization authorized to do business in this state, the governing body, county board of supervisors, or city council shall allow its employees who retired before attaining sixty-five years of age to continue participation in the group plan or under the group contract at the employee's own expense until the employee attains sixty-five years of age. The statute does not address the question of whether retirees must be placed in the same risk pool as active employees for purposes of computing premiums for continued group coverage. Because of the lack of an express directive on this issue, it is necessary to engage in statutory construction to answer your question. State v. McSorley, 549 N.W.2d 807, 809 (Iowa 1996); United Fire & Cas. Co. v. Acker, 541 N.W.2d 517, 519 (Iowa 1995). The primary purpose of statutory construction is to determine the intent of the legislature, which is gleaned from the words of the statute. +State v. McCoy, 618 N.W.2d 324, 325 (Iowa 2000)+. Words of a statute should be given their common and ordinary meaning; reference to the dictionary is an acceptable manner of ascertaining this. State v. Gant, 597 N.W.2d 501, 505 (Iowa 1999). If there are statutes relating to the same subject or a related subject, they should also be considered to attempt to ensure a harmonious interpretation of all statutes. Sup. Ct. Comm'n on Unauthorized Practice of Law v. A-1 Associates, Ltd., 623 N.W.2d 803, 807 (2001); State v. Casey's General Stores, 587 N.W.2d 599, 600 (Iowa 1998). Consideration must also be given to the underlying policies and purposes of the statute. +State v. Carpenter, 616 N.W.2d 540, 542 (Iowa 2000)+.

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