LAKE v. STATE HEALTH PLAN FOR TEACHERS

No. 436PA13-4.

869 S.E.2d 292 (2022)

2022-NCSC-22

I. Beverly LAKE, John B. Lewis, Jr., Everette M. Latta, Porter L. McAteer, Elizabeth S. McAteer, Robert C. Hanes, Blair J. Carpenter, Marilyn L. Futrelle, Franklin E. Davis, Estate of James D. Wilson, Estate of Benjamin E. Fountain, Jr., Faye Iris Y. Fisher, Steve Fred Blanton, Herbert W. Cooper, Robert C. Hayes, Jr., Stephen B. Jones, Marcellus Buchanan, David B. Barnes, Barbara J. Currie, Connie Savell, Robert B. Kaiser, Joan Atwell, Alice P. Nobles, Bruce B. Jarvis, Roxanna J. Evans, Jean C. Narron, and all others similarly situated, v. STATE HEALTH PLAN FOR TEACHERS AND STATE EMPLOYEES, a corporation, formerly known as the North Carolina Teachers and State Employees' Comprehensive Major Medical Plan, Teachers' and State Employees' Retirement System of North Carolina, a corporation, Board of Trustees of the Teachers' and State Employees' Retirement System of North Carolina, a body politic and corporate, Dale R. Folwell, in his official capacity as Treasurer of the State of North Carolina, and the State of North Carolina.

Supreme Court of North Carolina.

Filed March 11, 2022.


Attorney(s) appearing for the Case

Gray, Layton, Kersh, Solomon, Furr & Smith, P.A., by Michael L. Carpenter , Christopher M. Whelchel , Marcus R. Carpenter , Gastonia, and Marshall P. Walker ; Tin, Fulton, Walker & Owen, PLLC, Charlotte, by Sam McGee ; and The Law Office of James Scott Farrin, by Gary W. Jackson , Charlotte, and J. Bryan Boyd , for plaintiff-appellants.

Joshua H. Stein , Attorney General, by Ryan Y. Park , Solicitor General, and Marc Bernstein, Special Deputy Attorney General, for defendant-appellees.

The McGuinness Law Firm, Elizabethtown, by J. Michael McGuinness ; and North Carolina Association of Educators, by Verlyn Chesson Porte , for amicus curiae North Carolina Association of Educators.

The Sumwalt Group, Charlotte, by Vernon Sumwalt ; and AARP Foundation, by Ali Naini , for amicus curiae AARP and AARP Foundation.


¶ 1 In this case, a class of more than 220,000 former State employees (the Retirees) sued the State of North Carolina and various officials and agencies (the State) after the General Assembly enacted a statute that eliminated their option to remain enrolled in a premium-free preferred provider organization health insurance plan...

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