Judges: MIKE BEEBE, Attorney General
Filed Date: 3/29/2004
Status: Precedential
Modified Date: 7/5/2016
The Honorable Sharon Trusty State Senator P.O. Box 9026 Russellville, AR 72811
Dear Senator Trusty:
You have requested my opinion on a matter involving several retirees who are vested in the Russellville Police Pension and Relief System and who would like to participate in the municipal health care plan. You state that these retirees retired before A.C.A. §
(1) Are these retirees eligible to participate in Russellville's current health care plan?
(2) If so, are there any circumstances under which Russellville may deny them the opportunity to participate in the plan?
As an initial matter, I note that the original version of A.C.A. §
The current version of A.C.A. §
When any municipal official or municipal employee age fifty-five (55) or over who has completed twenty (20) years of service to the municipality and who is vested in the retirement system retires, the official or employee may continue to participate in the municipality's health care plan, receiving the same medical benefits and paying the same premium as active employees as long as the retired official or employee pays both employer and employee contributions to the health care plan.
A.C.A. §
A well-established principle of statutory interpretation that has been consistently applied by the Arkansas Supreme Court is the principle that all legislation is presumed to apply prospectively unless the legislature expressly declares, or necessarily implies by the language used, an intent to give the legislation retroactive effect. Any doubt on the matter will be resolved against retroactive application. See, e.g., Cityof Cave Springs v. City of Rogers,
One of my predecessors in office applied the presumption discussed above to the provisions of A.C.A. §
Question 2 — If so, are there any circumstances under which Russellvillemay deny them the opportunity to participate in the plan?
As discussed in response to Question 1, the city may deny the retirees the opportunity to participate in the municipal health care plan if they retired prior to the effective date of the original version of A.C.A. §
Assistant Attorney General Suzanne Antley prepared the foregoing opinion, which I hereby approve.
Sincerely,
MIKE BEEBE Attorney General