Saturday, November 21, 2009 in Lewiston, Maine

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County retirees sue over health benefits

AUBURN — More than a dozen retired Androscoggin County workers, including two surviving spouses, are suing the county over health care benefits.

In May, county commissioners sent a letter to former county workers notifying them that the county would no longer pay lifetime health care insurance premiums to husbands and wives of deceased retirees starting in July.

In the civil suit, filed last week in Androscoggin County Superior Court, former county workers said they agreed dating back to 1966 to lower pay raises and, in some cases, no raises at all in exchange for the benefit. All but two of the 17 plaintiffs are retired and have living spouses. The remaining two are surviving spouses of county workers: Muriel C. Hamann, widow of Laurier Hamann, and David F. Goodwin, widower of Florence A. Goodwin, both of Lewiston. Hamann worked for the county for 43 years; Goodwin, 22 years.

The plaintiffs include a retired sheriff, judge, commissioners and emergency management director.

Commissioners said last spring the benefit had never really existed. They reviewed and interpreted the county's benefit package anew, then informed retirees and their surviving spouses. Local attorney Bryan Dench, who represents the county, advised commissioners that the county's health care provision was never meant to extend to spouses following the death of county retirees.

Commissioner Randy Greenwood on Monday referred inquiries about the lawsuit to Dench, who could not be reached at his local office for comment. The county has not yet filed a formal response to the suit. Greenwood said he expected the legal action would be reviewed at the commissioners' next meeting Wednesday.

The suit alleges the county breached its contract with former county workers because it stopped providing the negotiated benefit for the two surviving spouses and would not provide that benefit in the future for the other 15 spouses of retirees. The county should pay damages, including attorney's fees, the suit says.

Plaintiffs also allege violation of their constitutional rights, including 5th and 14th amendments to the U.S. Constitution, which protect against depriving citizens of property without due process and compensation. The suit seeks to have the court restore the benefit and reimburse plaintiffs for their costs that should have been covered under the benefit.

The suit also seeks to have the court stop the county from refusing to provide the benefit to retirees' surviving spouses.

 


Comments

Dave says

I don't blame them. Poorly thought out action by the Commissioners.

Posted 4 weeks ago (permalink)

2sides says

Careful what you promise because it may might you in the butt later on. If these people didn't get any raises or lowered raises then the county would be at fault. But if any of them got raises or higher than normal raises then the commissioners are in the clear.

Posted 4 weeks ago (permalink)

tron's picture

tron says

Hey this is a bunch of brand new commissioners that you dumb a**es voted on last November. Remember everyone wanted to oust the last group, you, the SJ and most of the voters. In fact the SJ railroaded one of them off the County Commission, denying voters their elected choice. So live with them.

Posted 4 weeks ago (permalink)

ConcernedCounty says

Revisionism: The reinterpretation of evidence, motivations, and decision-making processes surrounding a historical event. Rewriting history to suit your own agenda.

Sound familiar? The County Commisioners have been doing it for years.

Budgets are debated, tweaked, debated again, voted on and finally are accepted. At that point, it is the Commisioners job to see that the funds are distributed per the budget. However, when they need money or don't like something, they go back and reallocate money at their own whim. Whether it is screwing over County employees for their cost of living increase like last month or in this case, insurance benefits that have been in place for decades. They think they have the authority to go back and rewrite history on the issue. THEY DON'T! Last time this issue came up their attorney Bryan M. Dench told them they couldn't reallocate the cost of living raises. However, this is a new panel of commisioners who were not here then.

Thank God some people have had enough and are now suing the county over it. These lawsuits are costing the County a mint and if the Commisioners get away with it, there will be many more. Really want to save some money in this county?... Get rid of the Commisioners!

Posted 4 weeks ago (permalink)

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