Judges: Carla J. Stovall, Attorney General of Kansas
Filed Date: 3/13/2001
Status: Precedential
Modified Date: 7/5/2016
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.
K.S.A.
"(a) Each local government which provides an employer-sponsored group health care benefits plan for the employees of the local government shall make coverage under such group health care benefits program available to retired former employees and their dependents, upon written application filed with the clerk or secretary thereof within 30 days following retirement of the employee, as provided by this section. Coverage under the employee group health care benefits plan may cease to be made available upon (1) the retired employee attaining age 65, (2) the retired employee failing to make required premium payments on a timely basis, or (3) the retired employee becoming covered or becoming eligible to be covered under a plan of another employer.
"(b) [The] local government may pay for all or part of the cost of continuing the employee group health care benefits plan coverage for such retired former employees and their dependents.
"(c) As used in this section . . . 'retired' means any employee who has terminated employment and is receiving a retirement or disability benefit for service with the local government from which they terminated employment." (Emphasis added.)
The primary rule for interpreting a statute is to ascertain legislative intent from the language of the statute itself.1 If the language is clear and unambiguous, a court should derive the intent as expressed by the words.2 Moreover, if the language is clear and unambiguous, the plain meaning of the language will be conclusive except when a literal application of the statute will produce a result at odds with the intention of its drafters or when the plain meaning would lead to absurd consequences.3
The provisions of K.S.A.
Even if the statute was not clear on its face, it is clear from the legislative history that the Legislature was concerned about the difficulties in obtaining adequate health care insurance for retirees under the age of 65 who participated in the Kansas Public Employees Retirement System (KPERS).5 K.S.A.
Very truly yours,
CARLA J. STOVALL Attorney General of Kansas
Mary Feighny Assistant Attorney General
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