Retiree Health & Other Post-Employment Benefits

Structuring and administering retiree health and OPEB plans can be challenging, especially when it comes to formulating an affordable, sustainable plan that offers the types of benefits that retirees desire. Best Best & Krieger LLP lawyers work closely with public agency clients, helping them arrive at the right balance of providing much-desired benefits and controlling retiree health liabilities. We design plans, as well as redesign them, and we provide guidance on effective funding practices. Whether our clients offer retiree health benefits directly or through the CalPERS health insurance system, we can find ways to help reduce expenses and enable them to meet their commitments.

With decades of experience representing hundreds of public agencies, we understand the regulations and obligations that public agencies face when it comes to retiree health and OPEB plans, and we are adept at delivering cost-effective viable solutions. Further, our experience has taught us what works and what doesn’t when it comes to union negotiations. This enables us to offer our clients practical guidance on union proposals and to obtain and maintain greater flexibility with respect to OPEB.

Although plans may be subject to California's “vested rights” doctrine, we can help find ways to:

• Substantially reduce or eliminate OPEB liability
• Fund liabilities
• Comply with the “equal contribution rule” under the Public Employees' Medical and Hospital Care Act while establishing varying rates of employee and retiree cost-sharing for OPEB and health benefits