No. 33-89
Directors of a fire protection district are eligible for health insurance benefits from the fire protection district pursuant to the provisions of Section 67.150, RSMo 1986.
Cite as Mo. Op. Att'y Gen. No. 33-89
FIRE PROTECTION DISTRICTS:
HEALTH INSURANCE :
INSURANCE:
Directors of a fire
protection district are
eligible for health insurance
benefits from the fire
protection district pursuant to
67.150, RSMo 1986.
the provisions of Section
April 14 , 1989
The Honorable Torn McCarthy
Senator, District 26
State Capitol Building, Room 427
Jefferson City, Missouri
65101
Dear Senator McCarthy:
OPINION NO . 33-89
FlLED
33
This opinion is in response to your question asking :
Are Directors of Fire Protection Districts
established and conducting business under
Chapter 321 of the Revised Statutes of
Missouri eligible for health insurance
benefits under Section 67.210 of the
Revised Statutes of Missouri since the
wording includes officers and employees?
Section 67.210 , RSMo 1986, provides:
67.210.
Political subdivisions may
provide health insurance benefits when, to
whorn. --Any political subdivision which
provides or pays for health insurance
benefits for its officers and employees may
also provide or pay for all or part of such
benefits, as may be determined by the
governing body of the political
subdivision , for the dependents of its
officers and employees .
Section 321 . 010, RSMo 1986, provides in pertinent part:
321.010.
Definitions--election
procedure .--1.
A "fire protection
district" is a political subdivision which
is organized and empowered to supply
protection by any available means to
persons and property against injuries and
damage from fire and from hazards which do
or may cause fire, and which is also
empowered to render first aid for the
purpose of saving lives , and to give
assistance in the event of an accident or
emergency of any kind.
The district must
consist of contiguous tracts or parcels of
property containing all or parts of one or
more counties , and may include within its
boundaries, or may be contiguous with, any
city, town or village .
*
*
*
Section 67 .150, RSMo 1986, provides in pertinent part :
67.150.
Insurance for elected officials
and employees , political subdivision may
contribute--contracting procedure. -- 1.
The governing body of any political
subdivision may utilize the revenues and
other available funds of the subdivision,
as a part of the compensation of the
elected officials and employees of the
subdivision, to contribute to the cost of a
plan, including a plan underwritten by
insurance, for furnishing all or part of
hospitalization or medical expenses , life
insurance or similar benefits for the
subdivision's elected officials and
employees.
*
*
*
It is well settled that "the 'right to compensation for the
discharge of official duties is purely a creature of statute.'"
Crites v . Huckstep, 619 S.W.2d 328, 330[1] (Mo. App., E. D.
1981).
Accordingly, "a public officer claiming compensation for
official duties must rely on a statute authorizing payment."
State ex rel. Igoe v. Bradford, 611 S.W.2d 343, 350[13]
(Mo. App., W. D. 1980).
Statutes which grant public officials
compensation are strictly construed against them.
Smith v.
Pettis County, 345 Mo. 839, 136 S.W.2d 282, 285[4] (1940).
Pursuant to Section 321 . 010.1 , RSMo 1986, a fire protection
district is a political subdivision .
Yet, the directors of fire
protection districts are not entitled to health insurance
benefits under Section 67 . 210 , RSMo 1986.
Section 67 . 210 is
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limited to extending health insurance coverage to "the
dependents of its [a political subdivision ' s ] officers and
employees."
The directors of fire protection districts may, however ,
receive health insurance protection under the provisions of
Section 67 . 150, RSMo 1986.
Section 67.150 allows "[t] he
governing body of any political subdivision may utilize the
revenues and other available funds of the subdivision , as a part
of the compensation of the elected officials and employees of
the subdivision, ....
"
Therefore , the directors of fire
protection districts are eligible for health insurance benefits
under Section 67.150, RSMo 1986.
CONCLUSION
It is the opinion of this office that directors of a fire
protection district are eligible for health insurance benefits
from the fire protection district pursuant to the provisions of
Section 67 .150 , RSMo 1986 .
Very truly yours,
WEBSTER
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