Lake v. State Health Plan for Teachers & State Employees

DILLON, Judge.

The State Health Plan for Teachers and State Employees, el al., (the “Defendants”) appeal from the denial of their motion to dismiss pursuant to N.C. Gen. Stat. § 1A-1, Rule 12(b)(1), (2), and (6) in favor of I. Beverly Lake, et al., (the “Plaintiffs”). For the foregoing reasons, we affirm in part, and dismiss in part.

I. Background

On 20 April 2012, Plaintiffs filed a complaint alleging, inter alia, that they are all former employees and current retirees with the State of North Carolina with at least five years of contributory service; as part of their employment, they were…