AGO 1993-045.

• Case Date: November 16, 1993
• Court: Ohio

Ohio Attorney General Opinions 1993. AGO 1993-045. November 16, 1993OPINION NO. 1993-045The Honorable Greg Carroll Adams County Prosecuting Attorney Room 112, Courthouse West Union, Ohio 45693 Dear Prosecutor Carroll: You have requested an opinion concerning in-term changes in compensation of county officers. Your questions have been restated as follows: 1.

If the board of county commissioners decreases the percentage of health insurance premiums paid by the county on behalf of county officers and employees pursuant to R.C. 305.171, does such decrease in payment on behalf of county officers violate Ohio Const. art. II, §20, which prohibits any change in the salary of county officers during their terms of office?

2.

If the answer to the first question is yes, is the county obligated to pay its officers a cash sum equal to the value of the difference between the percentage previously paid and the percentage currently paid for such officers' health insurance premiums?

Information provided by a member of your staff indicates that the board of county commissioners already has decreased the percentage of the cost of the health insurance premium paid by the county on behalf of its officers and employees under R.C. 305.171, while the amount of health insurance coverage provided remains unchanged. Further, certain county officers have paid the difference themselves in order to maintain their health care coverage. For purposes of discussion, this opinion will assume that the premium cost of the health care coverage remains unchanged.

Authority of County Commissioners Under R.C. 305.171

The authority of a board of county commissioners to provide health insurance benefits for county officers and employees is set forth in R.C. 305.171, which states in part:

(A) The board of county commissioners of any county may contract for, purchase, or otherwise procure and pay all or any part of the cost of group insurance policies that may provide benefits including, but not limited to, hospitalization, surgical care, major medical care, disability, dental care, eye care, medical care, hearing aids, or prescription drugs, and that may provide sickness and accident insurance, group legal services, or group life insurance, or a combination of any of the foregoing types of insurance or coverage for county officers and employees and their immediate dependents from the funds or budgets from which the officers or employees are compensated for services, issued by an insurance company, a medical care corporation organized under [R.C. Chapter 1737], or a dental care corporation organized under [R.C. Chapter 1740]. (Emphasis added.)

As stated in State ex rel. Belknap v. Lavelle, 18 Ohio St. 3d 180, 181, 480 N.E.2d 758, 759-60...