TOWSON, Md. – Maryland’s second highest court has given Baltimore County’s police union another victory over the local government in a seven-year legal battle over health insurance rates for a select group of retired officers.
On Dec. 19, the Maryland Court of Special Appeals rejected Baltimore County’s case that it should not have to reimburse approximately 400 retired officers who were overcharged for their health insurance.
In the 78-page ruling, the court upheld the ruling of the Circuit Court. The Fraternal Order of Police Lodge #4 said it is holding on to the more than $1.8 million the county previously paid as the government decides whether to appeal.
“The courts have shown over and over again that the county has erred in judgment in its handling of this case,” said Cole Weston, president of the FOP Lodge #4. “I feel like the country is just trying to stretch this out until either us or our legal counsel tire out. That is not going to happen.”
Last week’s ruling marks the latest chapter in a legal odyssey that dates back to 2007 when the county tried to standardize the rate all retirees pay for health insurance at 20 percent. This, Weston said, went against what many retirees bargained for in their contract. Those who were involved in the court battle retired between 1992 and 2007.
The FOP earned a huge legal win last year when the circuit court sided with them and urged the county to reset the rates and pay back the retirees the funds they were overcharged through the years. The court battle reached a boiling point when the union requested County Executive Kevin Kamenetz, among other key county officials be jailed for contempt for not complying.
The county eventually relented and paid amount due, but continued to appeal at the same time.
Baltimore County spokeswoman Ellen Kobler said the county is has negotiated with all of its employee labor unions to control health care costs with the goal of saving taxpayer dollars, while still providing employees and retirees an affordable and quality health care benefit.
“We believe that everyone should pay the same percentage toward health care, regardless of what department they worked, or whenever they retired,” Kobler said. “This case allows a very select group of police retirees from 1992 to 2007 to pay less than all other retirees, including police retirees who retired before 1992. So obviously we are disappointed that the court had carved out this inequitable exception…
“Given the court ruling, it appears that this limited group of several hundred retirees will pay less than all other police retirees. Our county attorneys will review the decision and act accordingly.”
Weston said he hopes the county will finally drop this long-running battle and allow the retirees to move on with their lives with healthcare costs they negotiated.
“The county is entitled to this legal process, but seven years is a long time and the courts have spoken on this issue,” Weston said. “It’s time for this issue to come to a close.”