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2001 Minnesota Attorney General Reports and Opinions 1 (2001)

handle is hein.sag/sagmn0041 and id is 1 raw text is: COUNTIES: INSURANCE: RETIRED EMPLOYEES: Health insurance coverage for retired employees may be modified in connection with a new collective bargaining agreement. Minn. Stat. §§ 179A.03 subd. 19, 179A.20, 471.61,471.6161. 125a-28 (Cr. Ref. 59a-25; 161b-7) May 2, 2001 John J. Muhar, Esq. Itasca County Attorney 123 N.E. Fourth Street Grand Rapids, MN 55744 Dear Mr. Muhar: Thank you for your letter of March 30, 2001 requesting the opinion of the Attorney General regarding health insurance for retired county employees under the facts described below. FACTS As part of the settlement of its 2000-2002 labor agreements, Itasca County and the respective collective bargaining representatives of its employees agreed to change to a new health insurance coverage which raised the prescription drug premium and added a new office call co-pay. The collective bargaining agreements provided that the new coverage, known as Arrowhead Pro Care Option V, would apply to all active employees and all retirees who continue to maintain coverage under the Itasca County plan. Itasca County has consistently applied to all retirees any coverage changes, statutorily mandated or otherwise, that may have been applied to active employees in prior years. There is no documentation of any promise by Itasca County to provide a cenain level of health insurance coverage for retirees other than the implied promise, based on changes in retirees' coverage over the years that mirrored changes in active employees' coverage, that retirees would receive the same coverage as active employees. You then ask substantially the following questions: QUESTION ONE May Itasca County and the collective bargaining representatives of its employees agree by labor contract to add or increase co-pays for retirees?

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