Expert: Jim Pastore - 7/6/2008

Question
QUESTION: My wife was a police officer that was injured in the line of duty and took her disability retirement. We have been fighting with the city on her health benefits. They say she is not entitled to her health benefits.  We are paying for the COBRA benefits now.  I just can not understand how she is not entitled to what she was receiving before her accident. (she was at the scene of an accident and was rear ended at 70mph.).  What are your thoughts?  The union lawyer says that because the city adopted a recovery plan and states that officers hired after a certain date are not allowed their health benefits when they retire. My wife did not want to retire, she is unable to do her job. I feel it is not the same.

ANSWER: Jeff,
   
   What type of pension plan did the city have? Is your wife on full disability pension through the retirement system? Is she on Permanent Total disability through worker's compensation? What city and State are we talking about? Is there a union contract? Get this information back to me and I will do some research on your question.

Jim

---------- FOLLOW-UP ----------

QUESTION: I will have to look into what type of pension it is.  She is getting her Full disability pension as allowed(80%) and receives the balance through workers comp. She was employed by the City of Scranton PA.  There was a union contract but that was up in 2002 I believe. They have been working without a contract since the city claimed distress status and has been trying to adopt a recovery plan.
I appreciate your time and expertise.  


Jeff

Answer
Jeff,

  When you get the rest of the informatiom I will do some research on the question. If I'm not mistaken when a contract is not renewed they usually continue with the old contract until the new one is ratifyed. Does she have a union rep? As she spoken to him? If you would rather write me in private my email is neohiocop1@aol.com

Jim