Dean Born v. City of Slidell

180 So. 3d 1227, 2015 La. LEXIS 2184, 2015 WL 5972534
CourtSupreme Court of Louisiana
DecidedOctober 14, 2015
Docket2015-C -0136
StatusPublished
Cited by23 cases

This text of 180 So. 3d 1227 (Dean Born v. City of Slidell) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dean Born v. City of Slidell, 180 So. 3d 1227, 2015 La. LEXIS 2184, 2015 WL 5972534 (La. 2015).

Opinions

CRICHTON, J.

hWe granted certiorari in this matter to determine whether a retiree of the City of Slidell, plaintiff Mr. Dean Born, may continue participating in the City of Slidell’s [1228]*1228health insurance plan following the City’s adoption of Ordinance No. 3493, which requires each city retiree to apply for Medicare coverage upon reaching the age of sixty-five. For the reasons that follow, we affirm the Court of Appeal’s finding that the City cannot terminate plaintiffs desired plan coverage and require him to accept Medicare coverage, where plaintiff retired before the effective date of the Ordinance.

FACTS AND PROCEDURAL HISTORY

Plaintiff was employed by the City of Slidell from April 30, 1984, until his retirement on August 1, 2008, at the age of sixty (60). Upon his retirement, plaintiff began drawing retirement benefits from the City of Slidell’s Municipal Employee’s Retirement System. Also at the time of plaintiffs retirement, § 21-21(a) and (b)(1) of the Code of Ordinances of the City of Slidell provided, in pertinent part:

(a) The city shall contribute to a program of health insurance for all full-time city employees, all elected officials and all city retirees.
(b) Retired city employees and retired elected city officials shall participate in the city’s health insurance program under the following conditions:
|g(l) A city employee or city elected official who:
a. Separates from city service after a minimum of ten years of service;
b. Within 18 months after such separation receives retirement benefits under any retirement plan authorized by the city;
c. Participated in the city’s health insurance plan for a minimum of 12 months immediately prior to such separation; and
d. Participates in the city’s health insurance plan from the time of separation to the time retirement benefits are received;
may elect to continue to participate in the city’s health insurance plan. The city shall pay 100 percent of the cost of the individual or family coverage elected by the former employee or elected official beginning at the time retirement benefits are received.
This provision shall not apply to a city employee who voluntarily separates from city service in order to avoid disciplinary action.

Effective August 26, 2008, through Ordinance No. 3493, the City of Slidell amended § 21-21 to require city retirees, upon reaching the age of sixty-five, to apply for Medicare Coverage, with the City to pay Medicare Advantage at no cost to the retiree.1 The additional section states as follows:

[1229]*1229(3) Each City retiree shall, upon reaching the age of sixty-five, apply for Medicare coverage Parts A and B. The City shall provide Medicare Advantage coverage at no cost to the retiree. Those retirees who are ineligible for Medicare shall be allowed to continue participation in the City’s health insurance program to the same extent as prior to reaching age sixty five.

|aPlaintiff received a letter from the City of Slidell on May 1, 2013, informing him that because of his impending sixty-fifth birthday on July 1, 2013, he would no longer be eligible for the City of Slidell’s medical service, as “[a]ll retirees and spouses 65 and older with Medicare Parts A and B must enroll in Humana Group Medicare.” The letter also stated that if plaintiff was not eligible for Medicare, he must present the City with adequate documentation to that effect. Plaintiff objected to the City’s course of action and exchanged several letters with the City communicating his desire to remain on the City’s retirement health plan (“the plan”). When the City reiterated to Mr. Born its intention to remove him from the plan and require him to elect Medicare coverage, on July 25, 2013, he filed a “Petition for Declaratory Judgment, Temporary Restraining Order, Preliminary Injunction and Permanent Injunction” in the 22nd Judicial District Court.

In his Petition, plaintiff asserted he met the requirements listed under § 21-21(b)(1) of the Code of Ordinances of the City of Slidell, which were in effect at the time of his retirement on August 1, 2008, and consequently, he was entitled to elect to continue to participate in the' City’s health insurance plan with the City paying 100% of the cost for plaintiffs family coverage under the plan. Plaintiff argued he had a vested right to the benefit promised by the City’ of Slidell in § 21-21, and the City was intending to breach its contract with plaintiff, thereby depriving him of his vested right to the promised benefit'. As a result, plaintiff requested a declaration of his right to continue participating in the plan and an injunction prohibiting the City from removing plaintiff from his desired health insurance plan with the City of Sli-dell.

In response, the City filed a peremptory exception of prescription, arguing that plaintiffs suit,. one for compensation for services rendered and filed, five (5) years after the passage of Ordinance No. 3493, was subject to a, liberative prescriptive period of three (3) years and was therefore prescribed. Following a | Joint stipulation of facts submitted on October 18, 2013, and a hearing on the matter on October 23, 2013, the trial court took the matter under advisement.

On November 4, 2013, the trial court issued written reasons for judgment, denying the' City’s Exception of Prescription, and granting plaintiffs request for a declaratory judgment that Mr. Born and his family are entitled to continue to participate in'the City’s plan, with the City paying 100% of the premium associated with the coverage afforded to plaintiff and his family under the plan. Specifically, regarding the City’s prescription argument, the trial court found that by removing plaintiff from the City’s health insurance plan, the City would be breaching its agreement with plaintiff for continued participation in the plan, thereby depriving him of his vested right to benefits. As a [1230]*1230result, the trial court found prescription in this matter would begin to run at the time the City removed plaintiff from the City’s health insurance plan. The court concluded the plaintiffs suit was tirpely filed, which was just after plaintiffs sixty-fifth birthday.-

The trial court also found dispositive the case of Singletary v. Slidell, 2011-CA-1538 (La.App. 1 Cir. 6/8/12), 97 So.3d 1087, writ not considered, 12-2068 (La.11/16/12), 102 So.3d 28, wherein the First Circuit Court of Appeal found the same Slidell City retirement plan to be a contract between the City and the plaintiff, and that the City could not apply Ordinance 3493 retroactively to require plaintiff in that matter (who had retired prior to the time the Ordinance became effective), to accept coverage under the Humana Medicare Advantage plan rather than the City’s health insurance plan. The Singletary court stated that should the City force the plaintiff to accept the Medicare plan, it would be in contravention to the federally recognized right of beneficiaries to freely decide the type of Medicare coverage decided by them. Applying Singletary in . this instance, the trial court found Ordinance No.

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Cite This Page — Counsel Stack

Bluebook (online)
180 So. 3d 1227, 2015 La. LEXIS 2184, 2015 WL 5972534, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dean-born-v-city-of-slidell-la-2015.