Attorney General Opinion No.

Robert C. Myers Newton City Attorney P.O. Box 345 Newton, Kansas 67114

Dear Mr. Myers:

As City Attorney for the City of Newton, you inquire regarding K.S.A. 12-5040, which requires local governments to make available to certain retired employees and their dependents access to group health care benefits. Specifically, you inquire whether a city can terminate benefits when the retired employee has reached the age of 65 but the employee's dependent [i.e. the spouse] has not.

K.S.A. 12-5040 provides:

"(a) Each local government which provides an employer-sponsored group health care benefits plan for…