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RESOLUTION
RE: APPROVE 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.
NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of
Weld County, Colorado, hereby approves the program and 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.
BE IT FURTHER RESOLVED that this program shall become effective for eligible
employees and elected officials retiring after December 16, 1998, who will be drawing benefits
from the Weld County Retirement Plan.
: 4 Fl 982317
PE0017
RE: STANDARD AGREEMENT FOR CONTINUATION OF HEALTH INSURANCE FOR
FORMER WELD COUNTY EMPLOYEES OR ELECTED OFFICIALS
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 30th day of November, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: T� 1/ svira.z-s x orb w
►� ��� '��<r'^� Constance L. Harbert, Chair
Weld County Clerk to r- B. • • $►'
1861 itAte)
0 EXCUSED
' W. H. Webster, Pro-Tem
BY: �_. �6,ii1 .��
Deputy Clerk to th -.>•! a• ,. EXCUSED DATE OF SIGNING (AYE)
L�� orge E. Baxter
APP ED AS ORM:
ale K. Hall
GG,
ou ty orney NA LitA . e / iA 1t
'Barbara J. Kirkmeyer
982317
PE0017
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 Steel, Greeley, CO 80632, hereinafter referred
to as "Board."
WITNESSETH:
WHEREAS, Retiree 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; has attained the age of 55 years; and 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\or his
dependents,was(were)enrolled and in good standing with Weld County's health insurance program,
and
WHEREAS, Retiree wishes to continue his or her health insurance and\or his or her
dependents' 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
is providing such continued health insurance may change without Retiree's consent.
2. CONTINUED HEALTH INSURANCE FOR RETIREE'S DEPENDENT(S): 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
Page 1 of 4 Pages
CY;3 17
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 or her dependent(s), acknowledges and agrees that the health
insurance provider who is providing such continued health insurance may change without
Retiree's and\or his or her dependent(s)' consent.
3. DETERMINATION OF ELIGIBILITY: The determination of eligibility for the Retiree's
and\or his or her Dependent(s) 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\or his or her dependent(s) 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\or for continued health insurance coverage for
his or her dependant(s), 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\or his or her
Dependent(s) 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),
acknowledges and agrees that premium rates may change without Retiree's and\or his or her
dependent(s)' consent.
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\or his or her Dependent(s) 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 December 16, 1998, or the Retiree's date of
retirement, to and until such time as Retiree and\or his or her Dependent(s) are no longer
eligible for continued health insurance as determined by the terms of this Agreement.
Page 2 of 4 Pages
ty8;3 / �7
8. NATURE OF AND AUTHORITY FOR CONTINUED HEALTH INSURANCE: The
continued health insurance contemplated by this Agreement is being offered to Retiree and\or
his or her Dependent(s) 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)) 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
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.
Page 3 of 4 Pages
982317
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
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