In a formal opinion issued to the Liberty Township Law Director (2022 Ohio Atty.Gen.Ops. No. 2022-013), the Attorney General held that a township that provides reimbursement for waiving healthcare coverage to its employees is not required to provide the same reimbursement to its township trustees.
Here, the township provided all its employees the option to receive reimbursement for healthcare costs if they were either denied insurance coverage or waived the offered insurance coverage, but the township did not make the same reimbursement coverage available to the township trustees.
On the one hand, R.C. 505.60(A) provides that: “If the board procures any insurance policies under this section, the board shall provide uniform coverage under these policies for township officers and full-time township employees and their immediate dependents, and may provide coverage under these policies for part-time township employees and their immediate dependents, from the funds or budgets from which the officers or employees are compensated for services, such policies to be issued by an insurance company duly authorized to do business in this state.”
On the other hand, R.C. 505.60(D) provides that: “If any township officer or employee is denied coverage under a health care plan procured under this section or if any township officer or employee elects not to participate in the township’s health care plan, the township may reimburse the officer or employee for each out-of-pocket premium attributable to the coverage provided for the officer or employee and their immediate dependents for insurance benefits described in division (A) of this section that the officer or employee otherwise obtains, but not to exceed an amount equal to the average premium paid by the township for its officers and employees under any health care plan it procures under this section.”
While R.C. 505.60(A) requires townships that offer insurance to provide “uniform coverage” to all township officers and employees, the township raised the question of whether such uniformity applies to the reimbursement provision under R.C. 505.60(D).
The Attorney General reasoned that the application of mandatory insurance coverage pursuant to R.C. 505.60(A) has no bearing on the application of insurance reimbursement under R.C. 505.60(D). As a result, the Attorney General opined that the township is not required to reimburse its township trustees in the same manner as its employees.
To read this opinion, 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.