Civil SuitMunicipal Liability

Retired Colorado Firefighters Sue District Over Health Insurance Fund

A class-action lawsuit filed last year by a retired firefighter and the wife of another retired firefighter against the West Metro Fire Protection District, is now up to seventy-four plaintiffs.  Tim O’Hayre and Ruth Brienza filed suit claiming the district improperly terminated a retiree health trust fund that firefighters had paid into during their tenure on the department.

The trust fund was intended to help retirees defray the cost of health insurance. In 2015, the district determined that the program was underfunded and would be phased out by 2017. When the trust was liquidated it had approximately $1.8 million remaining. The funds were distributed to the current firefighters, and none went to retired members.

The 74 plaintiffs have filed suit as a class action in Jefferson County District Court.

Curt Varone

Curt Varone has over 50 years of fire service experience and 40 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. Besides his law degree, he has a MS in Forensic Psychology. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.

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