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RIVER CITY FRATERNAL ORDER v. KENTUCKY RETIREMENT

Nos. 20-5773/5778.

999 F.3d 1003 (2021)

RIVER CITY FRATERNAL ORDER OF POLICE LODGE 614, INC.; John W. Arnold; James David Wood; Gary W. Simkins; James K. Larkin, Plaintiffs-Appellees/Cross-Appellants, William M. Kerrick, Intervenor-Appellee, v. KENTUCKY RETIREMENT SYSTEMS, BY, AND THROUGH its BOARD OF TRUSTEES, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 8, 2021.

Attorney(s) appearing for the Case

ARGUED: Peter M. Cummins , FROST BROWN TODD LLC, Louisville, Kentucky, for Appellant/Cross-Appellee. David Leightty , PRIDDY, CUTLER, NAAKE & MEADE, PLLC, Louisville, Kentucky, for Appellees/Cross-Appellants. ON BRIEF: Peter M. Cummins , Griffin Terry Sumner , Samuel W. Wardle , FROST BROWN TODD LLC, Louisville, Kentucky, for Appellant/Cross-Appellee. David Leightty , PRIDDY, CUTLER, NAAKE & MEADE, PLLC, Louisville, Kentucky, for Appellees/Cross-Appellants.

SUTTON, C.J., delivered the opinion of the court in which McKEAGUE, J., joined. CLAY, J. (pp. 1012-17), delivered a separate opinion concurring in part and dissenting in part.

OPINION

Kentucky guarantees free health insurance to public servants who meet the age and years-of-service requirements. When several police officers reached the requisite age under Kentucky law, they retired and began collecting a pension and obtaining free health insurance. Before long, they each came out of retirement...

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