Florida/Georgia Personal Injury & Workers Compensation

who have opted out of the group insurance.9 Section 112.0801, Florida Statutes, provides: "Any state agency

the definition of a "retiree" contained in section 112.0801, Florida Statutes, as amended during the 2007

...She also asserted that, by changing the benefits plan, the City unconstitutionally discriminated against her in violation of the Equal Protection Clause of the Fourteenth Amendment. Finally, she brought a claim under Florida Statutes section 112.0801, which authorizes municipalities to offer employees health insurance. The district court entered judgment for the City....

...mium payments— would occur while Stanley was no longer employed by the City. The district court later granted summary judgment to the City on Stanley’s claims under the Equal Protection Clause and Florida Statutes section 112.0801(1)....

...For the same reason, so do her claims under the Rehab Act and the Florida Civil Rights Act. B. Finally, we turn to Stanley’s claims under the Equal Protec- tion Clause and Florida Statutes section 112.0801....

...And its chosen method—decreasing the number of employees for whom the City subsidizes health insurance—is rationally related to that legitimate purpose. So there is no equal protection problem here. Neither does the City’s benefits plan violate Florida Statutes section 112.0801....

...for its officers and employees and their dependents upon a group insurance plan or self-insurance plan shall allow all [retired] personnel . . . the option of continuing to participate in the group insurance plan or self-insurance plan.” Fla. Stat. § 112.0801(1)....

...A. Kreidler City Attorney Lake Worth QUESTION: May the City of Lake Worth utilize its home rule powers to continue to pay the group hospitalization and life insurance premiums for retired municipal employees, or is it precluded by the provisions of s. 112.0801 , F. S., from making such continued payments? SUMMARY: Unless legislatively or judicially construed otherwise, s. 112.0801 , F....

...You state that commission records indicate that this practice has been going on, in the case of life insurance premiums, at least since 1963 and, in the case of hospitalization premiums (to age 65), at least since 1971. In 1976 the Legislature adopted Ch. 76-151, Laws of Florida. Section 2 of that law, codified as s. 112.0801 , F....

...166, F. S. Section 166.021 (1) of that act provides that municipalities `may exercise any power for municipal purposes, except when expressly prohibited by law .' (Emphasis supplied.) In view of this statutory enactment, your question is really whether s. 112.0801 , F. S., expressly prohibits municipalities from paying the group premiums for their retired employees. For the following reasons, I am of the opinion that it does. Section 112.0801 , F....

...That bill was designed to authorize part-time employees and retirees to participate in the state group insurance program at their own expense. See the title to Ch. 76-151, Laws of Florida. After the bill had passed the Senate, it went to the House of Representatives where s. 2, currently codified as s. 112.0801 , F....

...This is equivalent to saying that none of the costs may be paid by the county, municipality, or district school board; to say otherwise would be to ignore the plain meaning of the language. Consequently, I am of the opinion that, unless legislatively or judicially construed otherwise, s. 112.0801 , F....

...rance benefits1 contractually and/or lawfully due and owing him [if] (as is the case) he disability retired on June 1, 2001, and had not been discharged on May 24, 2001. 1 AFSCME contends Parrish is entitled to the group insurance benefits stated in Section 112.0801, Florida Statutes....

Douglas R. Bell Attorney for Broward Drainage District QUESTION: Under what circumstances must a special district, pursuant to s. 112.0801 , F.S., allow its former employees the option of continuing to participate in the district's group insurance plan or self-insurance plan? SUMMARY: Section 112.0801 , F.S., requiring a special district to offer retired employees and their eligible dependents participation in its group insurance or self-insurance plan, does not apply to all former personnel of the district but only to former personnel who have retired under the district's retirement plan....

...You state that the South Broward Drainage District was created by special act as a political subdivision of the state. 1 The district is currently reviewing its procedures for providing medical and life insurance benefits to former and retired employees. You have advised the district that the provisions of s. 112.0801 , F.S., are applicable to the district. You have not asked, nor is any comment expressed herein, regarding the applicability of the federal Consolidated Omnibus Budget Reconciliation Act (COBRA). 2 Section 112.0801 , F.S., provides in part: Any state agency, county, municipality, special district , community college, or district school board which provides life, health, accident, hospitalization, or annuity insurance, or all of any kinds of suc...

...thereof may be paid by the employer or by the retired employees. 3 (e.s.) You ask whether the above statute applies to all employees of the district who have left the employ of the district for whatever reason or only to those employees who retire. Section 112.0801 , F.S., refers to former personnel who have retired prior to October 1, 1987, or who retire on or after that date. While the terms "former" or "retired" are not defined for purposes of the statute, the terms would appear to have separate and distinct meanings since both words are used in s. 112.0801 , F.S. 4 An examination of the legislative history surrounding the enactment and amendment of 112.0801 , F.S., indicates that it was the Legislature's intention to extend coverage under the public agency's group insurance plan or self-insurance program to retirees under the public agency's retirement program and their eligible dependents. 5 Thus, s. 112.0801 , F.S., is not applicable to all personnel of the district who have left for whatever reason but rather is limited to those former employees who retire under the district's retirement system....

...Moreover, the plain language of the statute limits its application to those who are retired, not to those who are merely eligible to retire. 6 Thus, an employee who had left the district and is eligible for retirement would not be covered by the provisions of s. 112.0801 , F.S., until such a time as he or she retires under the district's retirement plan....

...tirement provisions of a public agency's retirement system. In the absence of the statute providing for or recognizing such distinctions, this office cannot read into the statute such distinctions or qualifiers. 7 Therefore, I am of the opinion that s. 112.0801 , F.S., requiring a special district to offer retired employees and their eligible dependents participation in its group insurance or self-insurance plan, does not apply to all former personnel of the district but only to former personnel who have retired under the district's retirement plan....

...June 15, 1987; Tape, Committee on Personnel, Retirement and Collective Bargaining, Florida Senate, April 22, 1987. And see , title to Ch. 87-373, Laws of Florida, which refers to "[a]n act relating to retired public officers and employees; amending s. 112.0801 , F.S." 6 See , Powell v....

substantially the following question: Does section 112.0801, Florida Statutes, only require a special

question: May a district school board, pursuant to section 112.0801, Florida Statutes, pay the cost of health

...s of the member's early retirement date, and the benefit so computed shall be reduced by five-twelfths of 1 percent for each complete month by which the early retirement date precedes his or her normal retirement date as provided in s. 121.091 (3)." Section 112.0801 , Florida Statutes, requires a public agency that provides life, health, accident, hospitalization, or annuity insurance for its officers and employees through a group insurance plan or self-insurance plan to allow all former personn...

...vice requirements to qualify for normal retirement or has not attained the age of 59½ with six years of creditable service, would not be eligible to participate in the group insurance program immediately after retirement under the provisions of section 112.0801 , Florida Statutes....

...p insurance at the time he or she retires and may not subsequently elect to participate at a later date. 10 Also, I would note that retired state officers or employees who retire under PEORP fall within the same definitional constraints set forth in section 112.0801 , Florida Statutes, applicable to retirees of other public agencies, such as a county, municipality or special district. 11 Given the lack of clear legislative direction, I cannot conclude that pursuant to the provisions in section 112.0801 , Florida Statutes, it would be required that an early retiree who participated in the Public Employees Optional Retirement Program and was not otherwise eligible for participation in the group insurance program when he or she retired be able to begin such coverage once reaching the statutorily prescribed age....

...Completes 30 years of any creditable service, regardless of age, which may include a maximum of 4 years of military service credit as long as such credit is not claimed under any other system. `Normal retirement age' is attained on the `normal retirement date.'" 2 Section 112.0801 (1), Fla....

...ibutions Except as provided in paragraphs (3) and (4), paragraph (1) shall not apply to any of the following distributions: (A) In general Distributions which are — (i) made on or after the date on which the employee attains age 59½[.]" 4 Section 112.0801 (2), Fla....

...enforcing a statute, and their practices which reflect the understanding they have of provisions they are charged with carrying out, have great weight in determining the operation of a statute). 10 Cf. Op. Atty Gen. Fla. 98-82 (1998) (provisions of section 112.0801 , Florida Statutes, are not limited to dependents who were participating in a municipality's group insurance plan at the time of the employee's retirement and should be read to allow open enrollment for the eligible dependents of retirees who wish to participate in a municipality's group insurance plan). 11 See s. 110.123 (2)(g), Fla. Stat., imposing the same age and service requirements enumerated in s. 112.0801 (2), Fla....

substantially the following question: Does section 112.0801, Florida Statutes, require a municipality

question: Is the City of Margate authorized by section 112.0801(1), Florida Statutes, to offer retiring employees