Judges: RICHARD P. IEYOUB
Filed Date: 6/18/1997
Status: Precedential
Modified Date: 7/5/2016
Dear Mr. Lacour:
This office is in receipt of your request for an opinion of the Attorney General as attorney for the East Jefferson Levee District in regard to group health insurance. You indicate the Levee District pays 100% of the premiums for its full time employees and some of the retirees, but approximately seven years ago took the position that it would no longer pay 100% of the premiums for retired employees. Since that time it has paid only 50% of the premiums of employees who retire. Some retirees have questioned whether the unequal treatment between retirees and active employees is discriminatory. They feel if the Levee District pays 100% of the premiums for active employees then it must pay 100% of the insurance premiums for retired employees. Accordingly, you ask the following question:
Is it legal for the East Jefferson Levee District to pay 100% of the insurance premiums for its active employees and only 50% of the insurance premiums for its retired employee?
R.S.
Pursuant to R.S.
This office has recognized all or any portion of the premiums may be paid by the political subdivision for its employees, elected officials and retirees without violating the constitutional provision that prohibits donation of public funds, Atty. Op. Nos. 94-448, 94-316, 92-547, and has further concluded since the premium payments constitute compensation, the governing authority cannot reduce or discontinue payment of these premiums during the term of office of an elected officer, Atty. Gen. Op. 96-380. However, it does not appear that this office has ever concluded the premium payments contributed for the active employees in a political subdivisions and its retirees must be the same, and we do not find any provision of law that would require these groups be treated the same. There cannot be discrimination between individuals in the same class, but different classes do not have to be treated equally.
Accordingly, we feel there is a distinction between R.S.
Therefore, we find the East Jefferson Levee District may pay 100% of the insurance premiums for its active employees and only 50% of the insurance premiums for its retired employees.
We hope this sufficiently answers your inquiry, but if we can be of further assistance, do not hesitate to contact us.
Sincerely yours,
RICHARD P. IEYOUB Attorney General
By: ___________________________ BARBARA B. RUTLEDGE Assistant Attorney General
BBR