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Born v. City of Slidell

Court of Appeal of Louisiana, First Circuit

October 29, 2014

DEAN BORN
v.
CITY OF SLIDELL

On Appeal from the Twenty-Second Judicial District Court. In and for the Parish of St. Tammany, State of Louisiana. No. 2013-13475. Honorable Martin E. Coady, Judge Presiding.

Judgment Rendered.

Thomas H. Huval, Stefini W. Salles, Covington, Louisiana, Counsel for Plaintiff/Appellee, Dean Born.

Normand F. Pizza, Thomas S. Schneidau, Covington, Louisiana; Bryan D. Haggerty, Slidell, Louisiana, Counsel for Defendant/Appellant, City of Slidell.

BEFORE: WHIPPLE, C.J., McCLENDON, AND HIGGINBOTHAM, JJ.

OPINION

Page 727

[2014 0264 La.App. 1 Cir. 2] McCLENDON, J.

The City of Slidell seeks review of a trial court judgment declaring that a former employee was entitled to continue to participate in the city's health care plan and denying its exception raising the objection of prescription. For the reasons that follow, we affirm.

FACTS AND PROCEDURAL HISTORY

Dean Born was employed by the City of Slidell from April 30, 1984 through August

Page 728

1, 2008, at which time Mr. Born began drawing retirement benefits. At the time of Mr. Born's retirement, a city ordinance (section 21-21(b)(l)) provided that a city employee who met certain requirements might elect to continue to participate in the city's health insurance plan.[1] In that event, the city would pay the cost of the retired employee's city medical plan (the " City Plan" ).[2]

On August 26, 2008, the City amended the referenced ordinance to require city retirees, upon reaching the age of sixty-five, to apply for Medicare coverage, with the City required to pay Medicare Advantage at no cost to the retiree. The ordinance also provided that only those retirees who were ineligible for Medicare would be allowed to continue to participate in the City Plan to the same extent as prior to reaching the age of sixty-five.[3]

[2014 0264 La.App. 1 Cir. 3] Mr. Born turned sixty-five on July 26, 2013. On May 1, 2013, the City, in light of Mr. Born's age-based Medicare eligibility, sent Mr. Born a letter informing him that he was required to: (1) enroll with the City's Humana Group Medicare Plan, or (2) present adequate documentation to the City that he was not Medicare eligible. Mr. Born objected to the City requiring him to enroll in ...


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