Under ERISA Section 702 (29 U.S.C. 1182(b)(1)
), "A group health plan, and a health insurance issuer offering health insurance coverage in connection with a group health plan, may not require any individual (as a condition of enrollment or continued enrollment under the plan) to pay a premium or contribution which is greater than such premium or contribution for a similarly situated individual enrolled in the plan on the basis of any health status-related factor in relation to the individual or to an individual enrolled under the plan as a dependent of the individual."
Based upon the above-quoted law, and presuming that CalPers is apparently an ERISA-qualified plan (see DOL Adv. Op. 1999-10A
) , if a current employee were in the same health status as a retiree, and the current employee were to pay more for health care benefit services than the retiree, this would appear to violate the provision that similarly situated individuals with respect to health status, pay the same premium amounts.
Hope this helps.
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