In the case of Ruf v. Ohio Pub. Emps. Retirement Sys., 2021-Ohio-4389, the Tenth District Court of Appeals held that the denial of a petition for writ of mandamus seeking to compel the public retirement system to stop withholding payments was proper.
Here, the petitioner filed a complaint against the public retirement system seeking declaratory and injunctive relief after the public retirement system terminated the petitioner’s group medical coverage, claiming that the petitioner had failed to provide notice that the petitioner’s son had enrolled in Medicare within 30 days of receiving coverage as required by OPERS rules.
The Court of Appeals reasoned that even if the public retirement system was notified and improperly kept the petitioner’s son on the incorrect health care plan, the public retirement system was proper in withholding payments in an effort to recoup payments made to the son that the son was not entitled to.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.