Boss v. Town of LeverettAnnotate this Case
The Supreme Judicial Court affirmed the decision of the superior court granting summary judgment in favor of Susan Boss on her complaint seeking a declaration that the Town of Leveret was obligated to pay fifty percent of the full premium cost for health insurance for retired town employees and their dependent spouses, holding that by adopting Mass. Gen. Laws ch. 32B, 9A, the Town was required to cover fifty percent of the premiums for both retirees and the retirees' dependents.
Boss was a retired Town employee. Since her retirement, the Town had paid fifty percent of her premium contribution based only on the premium cost for individual coverage. Consequently, Boss had been responsible for covering the balance of the plan premium in order to continue coverage for her spouse. Since become Medicare eligible, Boss continued to pay the full premium for her husband's individual plan. After Boss brought this action the superior court granted summary judgment in her favor. The Supreme Judicial Court affirmed, holding (1) the Town's adoption of section 9A obligated it to contribute toward the premiums associated with retirees' dependents; and (2) section 9A was successfully adopted at the Town meeting on April 24, 2004.