HomeMy WebLinkAbout20041644.tiff 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 6 day oft / , �p y by and between
pje t L, S Qp Q y ,whose address is 1 yQ .5-07)405, &P57-7-&7,0o, 8'V63y,
hereinaftef referred to as"Retiree,"and the Board of County Commissioners of Weld County,Colorado,
whose address is P.O.Box 758,915 10th Steet,Greeley,CO 80632,hereinafter referred to as`Bod
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WITNESSETH:
WHEREAS, Retiree:
a. retired from employment with Weld County on or after December 16,1998 falter
at least 10 years of service,or was an elected official of Weld County,Colo ado,
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 ofhis 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 ofthe 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 ofthe monthly health insurance premium as detailed in Paragraph 4.,below,and non-
cancellation ofthe 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 is providing such continued health insurance may
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FEThiri
06-/V 0€/ 00 t E P 2004-1644
change without Retiree's consent.
2. CONTINUED HEALTH INSURANCE FOR RETIREE'S DEPENDENT(S) (IF
APPLICABLE):On the date ofRetiree's retirement,he or she had 0 dependant(s)(hereinafter
"Dependent(s)")enrolled in and in good standing with Weld County's health insurance program.
Conditioned upon Retiree's prompt payment ofthe monthly health insurance premium on behalf
ofDependent(s),as detailed in Paragraph 4.,below,and non-cancellation ofthe Dependant(s)'
health insurance,Dependent(s)shall be eligible for continued health insurance through Weld
County's health insurance provider,until either ofthe 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 ofthe 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/herDependent(s)(if any)in the continued health insurance shall be by the Weld County
Director ofPersonnel,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 ofhis Dependent(s)(if any),
acknowledges and agrees that premium rates may change without Retiree's and such
Dependent(s)' consent.
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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 ofthis 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 ofRetiree'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 apart 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 ofthis Agreement shall be deemed valid and enforceable to the
extent permitted by law.
10. NO WAIVER OF IMMUNITY:No portion ofthis Agreement shall be deemed to constitute a
waiver of any immunities the parties or their officers or employees may possess,nor shall any
portion ofthis 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 ofthe 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 ofthe 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
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only be deemed valid or of any force or effect whatsoever if mutually agreed upon in 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: 4 /�D�l ��=G�i . � BOARD OF COUNTY COMMISSIONERS
CLERK TO THE BOARD �,l . OF WELD COUNTY, COLORADO
COUNTY COMMISSIO ` : l' :'•'t. ��
BY: , � , ' I BY: `.--Y \,L\
Deputy Clerk to the Bo Robert D. Masden , Chair
JUN 1 4 2004
NAME OF DEPENDENT(S): RETIREE:
(Print Name of Dependent(s)) S. tureiotiree
1. . SCoay
(Print Name or Retiree)
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