Legal Opinion

Opinion No.

Arkansas Attorney General Reports

Decided September 24, 2003Published

1Opinion of the Court

The Honorable Jan A. Judy State Representative 202 W. Maple Street Fayetteville, AR 72701-4132

Dear Representative Judy:

You have presented the following questions for my opinion:(1) Is it mandatory that the county allow qualified retirees to participate in its health care plan?(2) Once the retired participating employee reaches eligibility for Social Security and Medicare, may the county disallow further participation in its health care plan?

RESPONSE

Question 1 — Is it mandatory that the county allow qualified retirees toparticipate in its health care plan?

It is my opinion that under the…

2Cases cited5 opinions

  1. 19 Employee Benefits Cas. 2202, Medicare & Medicaid Guide P 43,580 Stephen Perry, for the Estate of Harold L. Perry v. United Food and Commercial Workers District Unions 405 and 442 and Retail Food Employers Health and Welfare Trust Fund, Louis W. Sullivan, M.D., Secretary of Health and Human Services Vanderbilt University Medical Center, Metropolitan Life Insurance CompanyCourt of Appeals for the Sixth Circuit · 1995
  2. Stilley v. JamesSupreme Court of Arkansas · 2001
  3. Hammack v. Baroid CorporationCourt of Appeals for the Fifth Circuit · 1998
  4. Mennella v. Office of Court AdministrationDistrict Court, E.D. New York · 1996
  5. Perry v. Metropolitan Life InsuranceDistrict Court, M.D. Tennessee · 1994

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