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Home My WebLink About20023198.tiff RESOLUTION RE: APPROVE AMENDMENTS TO PROGRAM AND FORM OF STANDARD AGREEMENT FOR CONTINUATION OF HEALTH INSURANCE FOR FORMER WELD COUNTY EMPLOYEE OR ELECTED OFFICIAL NOW DRAWING BENEFITS FROM THE WELD COUNTY RETIREMENT PLAN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, employees and elected officials retiring from Weld County in the Weld Retirement Plan have expressed the desire to be able to continue the Health Insurance Plan, including the Dental and Vision Plan, under the same conditions and costs as a Weld County employee, and WHEREAS, the Board of Weld County Commissioners desires to provide continued health insurance coverage, including the Dental and Vision Plan, for retiring Weld County employees and elected officials meeting the conditions of the attached agreement at the same cost as Weld County employees for the period of time specified in the said agreement, and WHEREAS, in order to implement the continuation of health insurance coverage after retirement, each eligible retiring employee or elected official will be required to execute said agreement, therefore, the Board of Weld County Commissioners desires to authorize giving the Chair of the Board of Weld County Commissioners standing authority to execute said agreement when necessary. WHEREAS, on November 30, 1998, effective December 16, 1998, the Board of Weld County Commissioners approved a health insurance continuation program for retirees meeting certain criteria, and WHEREAS, the program is not part of the Weld County Retirement Plan and is not a vested retirement benefit or right, but is a program that can be amended or stopped at any time by the Board of Weld County Commissioners for any reason, and WHEREAS, the Board of Weld County Commissioners wishes to amend the program to reflect the demographic changes in the retiring population, and the changes in Social Security benefit age eligibility, and 2002-3198 BC0032 RE: AMENDMENTS TO STANDARD AGREEMENT FOR CONTINUATION OF HEALTH INSURANCE FOR FORMER WELD COUNTY EMPLOYEES OR ELECTED OFFICIALS PAGE 2 WHEREAS, the board of Weld County Commissioners wishes to change the eligibility to be as follows: From December 16, 1998 to December 31, 2008, a retiree who is retiring from employment with Weld County after ten years of service, or was an elected official of Weld County, Colorado, for at least one full four-year term, who has attained the age of 55 years and is drawing benefits from the Weld County Retirement Plan, shall be eligible for the continuation of health insurance from Weld County. After January 1, 2009, in order to be eligible for the continuation of health insurance from Weld County, the retiree must have attained the age of 55 years and must be drawing benefits from the Weld County Retirement Plan, or have been an elected official of Weld County, Colorado, for at least two full four-year term, or meet the following criteria: Effective Date Attained Age Years of Service in Weld County Retirement Plan I January 1, 2009 57 15 January 1, 2010 58 16 January 1, 2011 59 17 January 1, 2012 60 18 January 1, 2013 I 61 19 January 1, 2014 I 62 20 A retiree who has attained the age of age 55 and is drawing benefits from the Weld County Retirement Plan, and has 30 years of service credit in the Weld County Retirement Plan, or was an elected official of Weld County, Colorado, for at least two full four-year terms, shall also be eligible after January 1, 2009, for the continuation of health insurance from Weld County. NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, hereby approves the amended program and amended agreement to continue health insurance coverage, including the Dental and Vision Plan, for eligible former Weld County employees and elected officials drawing benefits from the Weld County Retirement Plan as specified in said agreement. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is granted standing authority to sign the individual agreements with eligible retiring Weld County employees and elected officials. BE IT FURTHER RESOLVED that the costs of the health insurance coverage, including the Dental and Vision, shall be at the same cost as charged to regular Weld County employees. 2002-3198 BC0032 RE: AMENDMENTS TO STANDARD AGREEMENT FOR CONTINUATION OF HEALTH INSURANCE FOR FORMER WELD COUNTY EMPLOYEES OR ELECTED OFFICIALS PAGE 3 BE IT FURTHER RESOLVED that this program amendments shall become effective January 1, 2003, for eligible employees and elected officials retiring, who will be drawing benefits from the Weld County Retirement Plan. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of December, A.D., 2002. BOARD OF COUNTY COMMISSIONERS +�� WELQ,�0O0NTY, jOI�ORAD ATTEST: �" Ez LPLA _i as Gle .�aad, hair Weld County Clerk to the Board' - '1)4,'>1 r-�1 I _ P '', David E. ong, Pro Tem BY: CsO�GIUit, Cs .)clip;_I a ^�I Deputy Clerk to the Board C" . J. Geile U APPROVED AS TO,F,ORa.i EXCUSED DATE OF SIGNING (AYE) -7 illi m H. Jerke /County Attorney ' \I\N Robert D. Ma den fa Date of signature: �9 2002-3198 BC0032 AGREEMENT FOR CONTINUATION OF HEALTH INSURANCE FOR FORMER WELD COUNTY EMPLOYEE OR ELECTED OFFICIAL WHO IS NOW DRAWING BENEFITS FROM THE WELD COUNTY RETIREMENT PLAN THIS AGREEMENT is entered into this day of ,by and between ,whose address is hereinafter referred to as "Retiree," and the Board of County Commissioners of Weld County, Colorado,whose address is P.O.Box 758,915 10th Street,Greeley,CO 80632,hereinafter referred to as "Board." WITNESSETH: WHEREAS, Retiree: a. retired from employment with Weld County on or after December 16, 1998, after at least 10 years of service, or was an elected official of Weld County, Colorado, for at least one full four-year term, and b. has attained the age of 55 years, and c. is now drawing benefits from the Weld County Retirement Plan, and WHEREAS, on the date of his or her retirement or end of office, Retiree and his/her dependent(s)(if any)was(were)enrolled and in good standing with Weld County's health insurance program, and WHEREAS, Retiree wishes to continue his/her health insurance and his/her dependent(s)' (if any)health insurance through Weld County's health insurance program pursuant to the terms and conditions set forth in this Agreement. NOW,THEREFORE,in consideration of the mutual promises and covenants set forth herein, and in consideration of Retiree's service to Weld County for the past ten years, or as an elected official for at least one full four-year term, the parties hereto agree as follows: 1. CONTINUED HEALTH INSURANCE FOR RETIREE:Conditioned upon Retiree's prompt payment of the monthly health insurance premium as detailed in Paragraph 4., below, and non-cancellation of the Retiree's health insurance, Retiree shall be eligible for continued health insurance through Weld County's health insurance provider until Retiree attains the Normal Retirement Age for Social Security ("NRA"), or becomes eligible for health insurance coverage with another employer, or becomes eligible for Medicaid or Medicare coverage before attaining the NRA. Such continued health insurance shall be the same as that offered to regular,full-time,current employees of Weld County,through the same health insurance provider. Retiree acknowledges and agrees that the health insurance provider who Page 1 of 4 Pages 2002-3198 is providing such continued health insurance may change without Retiree's consent. 2. CONTINUED HEALTH INSURANCE FOR RETIREE'S DEPENDENT(S) (IF APPLICABLE): On the date of Retiree's retirement, he or she had dependant(s) (hereinafter "Dependent(s)") enrolled in and in good standing with Weld County's health insurance program. Conditioned upon Retiree's prompt payment of the monthly health insurance premium on behalf of Dependent(s), as detailed in Paragraph 4.,below, and non- cancellation of the Dependant(s)' health insurance, Dependent(s) shall be eligible for continued health insurance through Weld County's health insurance provider,until either of the following: 1) Retiree attains the NRA,or becomes eligible for health insurance coverage with another employer, or becomes eligible for Medicaid or Medicare coverage before attaining the NRA, or becomes otherwise ineligible; or 2) Dependent(s) lose(s) his or her (their)eligibility for continued health insurance by attaining the NRA, or becoming eligible for health insurance coverage with another employer, or becoming eligible for Medicaid or Medicare coverage before attaining the NRA. Such continued health insurance shall be the same as that offered to regular, full-time, current employees of Weld County, through the same health insurance provider. Retiree, on behalf of his/her Dependent(s), acknowledges and agrees that the health insurance provider who is providing such continued health insurance may change without Retiree's and his/her Dependent(s)' consent. Dependants of the Retiree who are not enrolled in and in good standing with Weld County's health insurance program as of the date of the signing of this Agreement are not eligible for continued health insurance as detailed herein. 3. DETERMINATION OF ELIGIBILITY: The determination of eligibility for the Retiree's and his/her Dependent(s) (if any) in the continued health insurance shall be by the Weld County Director of Personnel,with any appeal to the insurance carrier,who shall have final authority to make such determination. 4. COBRA RIGHTS:Retiree and his/her dependent(s)(if any)shall have the same rights under the Consolidated Omnibus Budget Reconciliation Act of 1985(COBRA)as do regular,full- time,current employees of Weld County eligible for and participating in the County's regular health insurance program. 5. CONTINUED HEALTH INSURANCE PREMIUM:The premium Retiree shall pay,for his own continued health insurance coverage and for continued health insurance coverage for his or her Dependant(s)(if any),shall be the same as that paid on behalf of regular,full-time, current employees of Weld County. The County contribution paid for the Retiree's and his/her Dependent(s) (if any) shall also be the same as that paid on behalf of regular, full- time, current employees of Weld County. Retiree, on his own behalf and on behalf of his Dependent(s) (if any), acknowledges and agrees that premium rates may change without Retiree's and such Dependent(s)' consent. Page 2 of 4 Pages 6. RETIREE WORKING FOR WELD COUNTY IN LESS THAN FULL-TIME POSITION: The fact that Retiree may continue to work for Weld County in less than a full-time position does not make Retiree and his/her Dependent(s) (if any) ineligible for continued health insurance, if the requisites of eligibility set forth above are otherwise met. 7. TERM:The term of this Agreement is from the Retiree's date of retirement,to and until such time as Retiree and his/her Dependent(s)(if any) are no longer eligible for continued health insurance as determined by the terms of this Agreement. 8. NATURE OF AND AUTHORITY FOR CONTINUED HEALTH INSURANCE: The continued health insurance contemplated by this Agreement is being offered to Retiree and his/her Dependent(s) (if any) as a fully funded benefit in consideration of Retiree's service to Weld County over the course of the previous 10 years,or as an elected official for at least one full four-year term. The continued health insurance is not a part of or paid from the Weld County Retirement Plan, nor is it a defined benefit retirement plan pursuant to the provisions of Section 401(a)of the I.R.S. Code. 9. SEVERABILITY: If any term or provision of this Agreement, or the application thereof to any person or circumstances shall,to any extent,be held invalid or unenforceable, the remainder of this Agreement,or the application of such terms or provisions,to a person or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected,and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 10. NO WAIVER OF IMMUNITY:No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess,nor shall any portion of this Agreement be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this Agreement . 11. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement,and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties (including the Retiree's Dependent(s), if any) and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 12. MODIFICATION AND BREACH:APPLICABLE LAW:VENUE:This Agreement contains the entire agreement and understanding between the parties hereto and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. Modifications,amendments,notations,renewals,or other alterations of or to this Agreement shall only be deemed valid or of any force or effect whatsoever if mutually agreed upon in Page 3 of 4 Pages writing by the undersigned parties. No breach of any term, provision, or clause of this Agreement shall be deemed waived or excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party hereto or waiver of, a breach by any other party, either expressed or implied, shall not constitute a consent to, waiver of or excess of any other different or subsequent breach. Applicable law in any dispute between the parties hereto with respect to the subject matter herein shall be the law of the State of Colorado. Venue for any litigation between the parties shall be in Weld County District Court. THE PARTIES HERETO HAVE SET THEIR SIGNATURES HERETO THE DATE ENTERED ABOVE. ATTEST: BOARD OF COUNTY COMMISSIONERS CLERK TO THE BOARD OF OF WELD COUNTY, COLORADO COUNTY COMMISSIONERS BY: BY: Deputy Clerk to the Board Chair NAME OF DEPENDENT(S): RETIREE: (Print Name of Dependent(s)) Signature of Retiree (Print Name of Retiree) Page 4 of 4 Pages Hello