Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Dec 20 10:54 AM-180V010593 0E454 E73 EN THE- GE PLEAS, FRENKLEN DEVE SHEEN ALAN EEVEGAT 15430 Ovarture E31: NO: 'Newbury, Ethic 44065 And. IFALATIQ 7?762 Gian 03% D11 NE Warren, Ohio 44484 And STEVEN RQEERTS 6'25 Red Bud Lane? #16 Grapevina, Taxas 76851 And JUDGE. HENRY MEYERS 6895 Beaver Run Rd. Pataskalag Obie 43962. And RQEERT 66 Page, Apt 8 Gamma, Ghio 432.30 Plaimtifs V2. BGARD 0E TRUSTEES QHEG PGLIEE FERE PENSEQN cm 5011:?: Gallagher, Executive Direcwr 14% East Tom?; Street Calumbus, OH 43215, and Jam; Baas L13 Defemiamg, Page: 1 9f 5 Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Dec 20 10:54 AM-180V010593 0E454 E74 Eaehgrnand: l. Plaintiffs bring this aetien en ?behalf of themselves and ether persons sitnilariy situated whe are se numerous that jeinder of all members is irnpraeticaL 2 There are questiens ef law er fact to sit members of the ciass. 3. The claims er defenses 0f the representative parties are typical of the claims er defense of the class. 4. The representative parties will thirty and adequately preteet the interests hi the class; 5. During all times ntentiened in. this Cernplaint, Plaintiffs retirees {hereinafter ?Plaintiffs? were and still are retired pelice officers er the tighters with are members and nartieipants et?Det?endant Ohie Pcliee and ire Pensien Fund (hereinafter Defendant} Defendants Iehn Illiees 142 are ether nessihie individuals er entities which may have participated in Defendant?s deeisien tn inedifgr the health insurance ceverage available te retirees. 6. Defendant was ereated pursuant to Ohio Revised Code Seetien 742602 fer the purpose of previding disability benefits and pensiens te members at the fund and their surviving spouses, children, and dependents with its principal place et? business in Franklin Cennty, Ohio, as set faith in the eaptien abeve. According tn Ohie Revised Cede Section 3742.93 the adrninistratien, central, :4 and management at the Ohio Felice and Fire Pensien Fund created under tiiliie Revised Cede Seetien @202 is vested in a Beard et? Trustees ei?tlie Ohie Felice and Fire Pensien Fund 8. Plaintiffs were and are participants in the various benefits previded by Defendant. ?these benefits ineinded certain. provisions fer health insurance ceverage as set teas in the attached. Page 2 et?ti Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Dec 20 10:54 AM-180V010593 0E454 E75 documents provided by Detentlanl. Fer deeades? Plaintifh reliei?l to their detriment an the representatinns and premises at Defendant tn previtle health insnranee eererage te Flaintiffs. A eepy (if the health insurance exeerpt text is ineinded at page 18 of Defendant?s initial literature promoting its health insurance plan is attached herete and ineorperated herein as Exhibit l. 'l?his prevision was repeated ever the years since that printing. 9? De "endant has recently initiated a transitien for retired peliee and tire personnel to tneve trern group health inanranee in individual plans. Plaintiffs have fennel the process is aftera eenfnsing. Plaintif?s are pressed to make deeisinns based on arti?cial deadlines and in ntany eaees their eheiee of plans (in net inelntle their (teeters and medical services and these eests are net enniparahle te their experienee under Befenclantis 0135:? grenp plan. Seine preuMedieare retirees have friend there are an plans available in their area anrl the plans available an healtheane.geti are net comparable in the benefits they had in Defendant?s near greap plan. it), Plaintiffs have been intermixed and believe that at the approximately pre? Medicare retired persennel whe are eligible for a stipend, only 457?00 have signed tip for individual plans (many reluctantly and. with diminished. eererage er inereased nests). "l?liis results in abent 35300 peeple whe may lose their appeitnhity fer an individual. plan with a stipentt ll, in addition, Fiaintit?t?s were required tn participate in lflefendant?s and enverages as members er participants in Defendant?s fund when they antlertoek their police and fire careers whieh denied them the oppertnnity te participate in ether retirement pre grants er health insurance coverages. l2. On or abent Nevei?nber is 2.018, after years of eeverage, Defendant made the details available in its members ahent the transition train a sel?insnred health insurance program te a plan requiring Plaintiffs tn e'htain their awn health insuranee provider with assistance front a Page 3 of ti Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Dec 20 10:54 AM-180V010593 0E454 E7 6 thirti~party entity known as Ann Retiree Health Exchange The services at Ann were seieeted and antherized hy Defent?lant, hat Ann was paid by a share at the sates efnew heatth instiranee te retirees. in addition: Detentiant eerniriitted to presiding a stipend te eertain retirees with the new eeverage subject in certain terms and eenriitiens? partieniariy at eeneern tn pre~Medieare retirees 13. These tenns and eentiitinns resniteci in many retirees having te accept lesser eeverage fer greater premium casts er greater deductibles. in than}? eases: these new ?nancial nbiigatiens ef retirees have and will result in the inability of retire a to obtain and pay fer health insurance eeverage new and in the future. Plaintiffs have heen inferrned and believe that. the health insurance coverage fer niany thensands of retirees in Ohio and eat of state will he adverseiy affected by the changes tattered by Defendant. in many eases, these adverse changes wiil he permanent and unavaidahie if the changes take place on January it 2019, as entered by Defendant. Leaders ef?the Ghie Fraternal Grater and Ohio Asseeiatien e'f Prefessienai ire Fighters have inferined De endant ef their enneerns as tn the aetiens te change the health insurance eeverage as indicated in their ietters eepies at" whieh are attached herete anti ineernerated herein as Exhibits 2 and 3.3 respeetiveiyo 14% These i?ieaith insurance ehanges are sehetinieti to take e??eet en January 19 2919, and many retirees are unable tn eernpiy with the required changes by that date whieh Witt resnit in their inability to ehtain insnranee eeverage at a sabstantiai east increase and without the stipend. in same eases; the preexisting eenditiens fer the retirees wit} prevent them from nhtaining any eeverage at any east Ciass aetien: 15. Plaintiffs realiege the allegations eentained in the feregeing paragraphs 1554. Page 4 eff 6 Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Dec 20 10:54 AM-180V010593 0E454 E77 16. Flaintii?t?s are all similarly situated in that they all suffered adverse eenditiens in varying degrees resulting train the health insurance aetions at EB'Sf?i'iti?i?ii and they will suffer irreparable harm it the annenneed hy Defendant taites plane as scheduled on January i, 23w. Prenrissery hs?tennei: 17. Plaintiffs reallege the allegatinns eentaineti in the foregning garagraphs Isle, 18. Defendant has effered its members group health insurance since its "ferrnation in 1965. Members have been assured fer tieeades that the},r weuht have eeverage during their native service as entire first responders and into retirement. l??iaintiffs teeth this inte aeeonnt as an iinpertant faster in bargaining negatiatiens at the inset level with the ernpieyers of these peliee anti fire ?rst respentiers. i9. Plaintiffs reasonahiy relied on Detentiant?s premises at health care insurance for themselves and their dependents during their careers and inte their retirement. Enfereeinent 0f the eeades at health insurance premises and assurances are required to avoid injustice. 2i). Piaintii'l?s have been injured by Defendant?s aetiens in fereing them to obtain health insuranee en their awn in the individual market without adequate time in investigate their eptiens. 2i. Plaintiffs have no.? adequate remedy at last" heeause Defendant?s health insurance changes interfere with Plaintiffs? ta eentinue their health itsuranee enverage withent injunctive relief and Defendant wiil continue tn engage in changing the insurance eeverage to the detriment e?i? Piaintitlh causing further irreparahle harnt and distress to Plaintiffs 22. if not enjoined by this Court? Defendant will eentinne to engage in conduct causing further iess at health insurance coverage opportunities with irreparable harm te Plaintiffs. Netwithstanciing eeneerns expressed tn Defendant to date: its erder te eemnrenee new health Page 5 ni?ti Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Dec 20 10:54 AM-180V010593 0E454 E78 insurance enverege with adverse effect tn Plaintiffs hes not been peetpened and is gning ferwatd. 23, Plaintiffs seek an Order ef in} unetive relieftn prevent irreparable inj 111?}? in Piaintiffs and many retirees similarly situated, pa?ienletly these wine are net eligibie fer seek an Ordet in the best interests efti?ie members who wili be anti harmed by impiementa?tien 0f this treneitien plan te deiey tine treneitien fer at perieti of time, but at lees-t until June 383 2019, as requested in Pieintiffs* Metien for a Temper-My Restraining Order anti Preiiminary injnnetiem Plaintiffs request: affirmative action en their Metien i113}: Tetnperery Restraining (Littler; Preliminary injtinetien and Permanent Injunetien against Defendant Board of Trustees {thin and Fire Pension Fund precluding the change 01? health insurance coverages ?Emit: the previous cevereges as deeignated by Plaintiffs until a date tn be established by this {innit t0 enable a felt and eempiete eveiuatien efthe availabie health insurance eevetege nptinns, but ne Seenei? than June 30, 2019, er untii further order of the {innit plus reinibnreement of Piaintiffsi teesnnabie attorney fees and expenses. Respeett?nliy submitted, 7 fly/Jam? Cemnbeif Jeei R. Cenipbeil (9002421) Neieen E. Genshaft {091 1023) AC. Strip (0913262) Attei'neys fer Pieintii?f Stem, HOFPERS, LEETEART, TERLECKY Ce, Limit? Smith 'i?hii'ti Street Columbne? OH 43215 (614) 22843345 (teiephene) (614) 2286369 (i?aegimiie') Page t3 eff; I I ht?. I 4 3a as Haw ?l?d (39343813935 its? 5. 9W1- a. int} IV a - M?mb??hi5538421508 53Cmt?hmm?s 4 te- straw-Ii fu rigs-r (I- A AV Reg??d? Servim Credit gatirfymeni Retirement V, M. V, Optima? P?ans (23? Payment V, VV VV Survivor ?ene?ts Heaith Care insurance After Retiremem Faxa?tiam 0? 3322155031 Contribut?ans amt Permian Payments; Wartzi?g After Retirement. 3? Death ?enefit Fund Knew Yam Prefeessianagi Stat? Yam 39am 9f Trustees I15 W, 245 OE454 Fran E79 klin County Ohio Clerk of Courts of the Common Pleas- 2018 Dec 20 10:54 AM-180V010593 The Pniice and Firemen?s and Pension Fund war-ermine in 1955., repierv ing rrperate irm?ii poi ice ?ne rei ie?f raz?iriipene ririrr in (Living, The steiewirie. fund began .jpperaqrig iarauary 1196?. On?thatdatethe ipml pension funds trans- ferred their asseis and to Asseta transferred to were approximirreiy $75 The fund actuary computed the accrued up to 1956 at about-$493 Unfunded accrued totaiing over $415- are being paid by the empioyers over as 67~year period which began in 1969. municipaiiries are meeting their obiigations to the fund anti empioyer accrued paymentg are received semim annoaii?y. The legisiative act creating has been heiri conn stiturionai, era has {he provision estabiishing and requiring paymeni of rise ernpioyer accrued ?ability. The pension pian is derigned to provide reascanabie income to you and your iamiiy when you need it mast when you stop working, became disabied, or in the even! of death prior to or on retirement. Eight: and heif per cent of your eemingr are invested in the piers. This E5 the safest and best investment you can make. Your enapinyer contributes the appropriate per cent or payrnii necessary tn fund current Service castes. "fines is in me addition to the more than $26 annuai contributions for part service iiability {accrued prior to made by empioyers. Money deducted from your salary is pieced in your own separate much like er savinga account in a bank. Each month as year deductions come in, they are posted to your credit on your own ieriger nearer. We have come a Bong way since in esieabiishn ing a financiaiiy sound fund which now operates on an actuariei reserve basis. We have had severe! ?nenessiui iegieiative mansions; whim have resulted in rnaieriariiy im- proved benefiis. This bookiei has been prepared to help you pian your retirement income and to acquaint you wizh tire people who administer your pension plan. if we have omitted cer~ rain information you desire, piease contact ihe fund office and give us the opportuniiy to assist you. March, 1980 9\ -. ?110E454 E80 anklin County Ohio Clerk of Courts of the Common Pleas- 2018 Dec b. Unmarried chiidren under age unmarried Cnii- dren under age 22.2 if in dependent, hand icanped cniidren in any-age. ii: none of Eire above dependent rsareni or parents. 2" $222.2 2232-. 322234.: Mann? . .Tii? 5327/23 :22 252nm until remarriage or death. 37:222. radian: under age 13 $325 per month for each chiid untii attainment oi age ?58 or marriage. whichever occurs; first. Unmarried chiidren under age 22, ii in schnoi $63 per month for each chiid attainment of age 22, graduation, or ieaving scnoni. ?ependent, handicapped chiidren $68 per month for each chiid recovery or death. if none of the above, two dependent parents receive each per month; if one 022332712233: parent, the benefit is $15-92 per month untii 2:322 r?riage or death. d. When there are no rasrvivo-rs eiigibie to receive a montniy benefit, the contributions of an active member are paid ?10 his estate. if ine damaged member was. retired, his name receives any baiance remaining in his contribuiion acconni. 3:23:51; L5 in? asva {lxxkaardii 2223/3er grand ?(he be reviewed iiom time in time with the aim to improve and emand the exceiieni coverage now offered. 0} . .-.- . .-. . .-. . .-. . 2 . ?2229 p27,?? 23225522233222? rovided to tire pension-er antnmeazicaiiv ME (xv/2'2 22:2 .223. 52222332952242 in 23/32:? 2232'. 2232222 A pensioners spouse and depend n: Echiidren be included if he informs the pension office that he 22525122 to have then: covered "fire cost for eiigibie dependents i5 2:390 borne the pension fund \v 2322': 2127222222212 9. 3.323222222323222in?. . .2214 as . . Mir-3.233223 454?. ?Luci-v 222:22251371132522' 2132325 23? 21232227232222 room} 199% oi intensive care: expenses id .7 .-. 5,5 55%. 2 2233;: .rvner 3'25" 2, . 2, Opti?n 5:23.322 beneiiciaries are covered oniy if they receive tire statutory survivor benefits\?Federai' meom are constaniiy changing} herefnre it is; difficnit for 3:12- 2937:: 3 2:22.22:- klin County Ohio Clerk of Courts of the Common Pleas- 2018 Dec 20 10 54 AM-1BCV010593 I . .A . ii 3 .u u. an" .mmpi/z .r t. 17.1. . .. . any?? waxy . ..g/V/a/ .n 2 a? Law?? 2.5..zum?y a. 7 3; rive: ax . 299.9% X999 .1. 9, I. x? . SEEK: Ed. mam. . . . ?33,339? 39:1:me .. ., . .. . E3093 . w. . .. 5. 9M 3939? . .993 . . . . 9.3. 39., Emma 9.9% . . -.wm?ma 885532,: $qu 2: Mo 2500 Mo E20. 2.50 3550 54 AM-1BCV010593 in County Ohio Clerk of Courts of the Common Pleas- 2018 Dec 20 10 Frankl E84 OE454 3. Es: .3: my ?wf/ '9 EE EM 3? Ma. 5223i CE 93". tm.- ?z 55/. an? w. x? Ir?witGEEKEEKQE x? {-13 {x n. \x ?5 V. {HQ-E?x?xo Ex an ?E?qu?