ANDOVER — After the town’s vow to continue fighting to increase retiree health care premiums, Andover retirees have made one thing very clear — they’re not done fighting either.

On Thursday, Andover retirees filed a class action lawsuit against the town of Andover, requesting that “all improper contributions which retirees have had to pay since July 1, 2016” are paid back.

The lawsuit comes after town officials issued a statement last week claiming “that the moratorium on changing retiree premiums … does not apply to the Town,” despite a ruling from the legislature that the moratorium be extended until 2018.

For as firmly as the town claimed immunity to the override, however, Andover retirees and current town employees are standing steadfast in their fight against the town’s stance.

Eric Teichert, president of Andover Firefighter’s Local 1658, said he sees the lawsuit as a way to hold the town accountable for actions he believes are unjust.

“We just think it’s wrong,” Teichert said. “(Town officials) are acting as though they’re above the law, so we have to take it to court to prove that. They’re trying to find a loophole in the law. The state signed the override, and the town should abide by it.”

Plaintiffs for the claim include retired town employees James Cuticchia, William Canane, and Dennis Lane, individually and on behalf of “all current and future retirees … who have been and/or will be required to pay increased health insurance premium percentages,” according to court documents.

The issue, which has been ongoing for years, has divided many leaders in town, with some saying it protects retirees from health insurance increases and others claiming that it costs taxpayers more.

Premium increases

The claim states that in June, Gov. Charlie Baker vetoed an amendment co-sponsored by Sen. Barbara L’Italien, D-Andover, that would prohibit municipalities from increasing health care premiums until 2018.

On July 1, as a result of the veto, Andover increased retiree health care contributions. Prior to the increase, retirees paid 20 percent of their health insurance premiums while the town paid 80 percent.

Since July 1, retirees have been paying 35 percent of their health insurance premiums.

Selectman Bob Landry has described Andover’s OPEB (Other Post Employment Benefits) reform plan as one that “protects all retirees over the age of 65.”

Under the new plan, which came into effect July 1, Medicare eligible retirees will be consolidated into a single Medicare plan and retiree premium contribution amounts will be capped at 35 percent.

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For non-Medicare retirees, there will be a four-year “phase-in” period wherein the town’s premium contribution will decrease to 50.01 percent over four years, leaving retirees with an eventual 30 percent increase over what they pay now.

At the beginning of August, the legislature voted to override the governor’s veto with a 146-12 vote. By that time, however, Andover retirees were already paying increased premiums.

Despite the override, Andover town officials claimed that the moratorium only applies to the first time a town tries to change health insurance coverage for employees or retirees, which Andover did in 2012.

They claimed that their most recent action to increase premiums for retirees constitutes the “second time” they have tried to change health insurance coverage.

Therefore, they reason, the moratorium doesn’t apply.

Going forward

Town Manager Andrew Flanagan said that “nothing has been served to the town at this point in time,” and declined further comment.

Selectman Bob Landry, who has been a strong proponent of increasing the premiums, declined comment as well, saying that he couldn’t comment on pending litigation.

According to the lawsuit, allowing municipalities to increase retiree health care premiums “could have harsh and catastrophic effects on those retirees of limited means.”

“These … increases have caused great financial and emotional harm to Town of Andover retirees, who live on fixed incomes, with many not being able to afford the increased premiums, or had to go to a lesser plan in order to save costs,” the lawsuit states.

The suit also requests that the town be required not only to abide by the legislature’s override, but to also allow any retirees “to re-select the (health care) plans they would have chosen if premiums had been set properly,” according to court documents.

Teichert said he hopes that with legal action, the town can do what he calls “righting a wrong.”

“We just feel there was a promise made to employees over their 30-year careers, and it was understood that this was the percentage you would pay,” Teichert said. “They need to reinstate the (percentage) splits as it should be.”