Local government authority to make health care insurance coverage available to retired officers and employees, spouses and children
Source:
Section 243.303 — Local government authority to make health care insurance coverage available to retired officers and employees, spouses and children, https://www.oregonlegislature.gov/bills_laws/ors/ors243.html.
Notes of Decisions
Local governments have obligation to make health care insurance coverage available to retired employees. Doyle v. City of Medford, 347 Or 564, 227 P3d 683 (2010)
Local government is excused from obligation to make health care insurance coverage available to retired employees if local government demonstrates, through use of facts, that making coverage available is unduly burdensome. Doyle v. City of Medford, 347 Or 564, 227 P3d 683 (2010). But see Doyle v. City of Medford, 256 Or App 625, 303 P3d 346 (2013), aff’d 356 Or 336, 337 P3d 797 (2014)
This section does not create property interest that is protected by Due Process Clause of 14th Amendment. Doyle v. City of Medford, 606 F3d 667 (9th Cir. 2010)
This provision does not provide for private right of action for damages against local government that fails to make available health care insurance coverage. Doyle v. City of Medford, 256 Or App 625, 303 P3d 346 (2013), aff’d 356 Or 336, 337 P3d 797 (2014)
Where city has statutory duty to provide health care insurance coverage to city employees, and statute does not include private right of action for enforcement of statutory duty, court must determine whether judicially created common-law right of action to compel city to provide coverage is consistent with statute. Doyle v. City of Medford, 356 Or 336, 337 P3d 797 (2014)
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