Indiana Business Lawyer Blog
The Indiana Supreme Court has held that the local government was within its rights to classify a county council member as a part-time employee and exclude him from group health insurance coverage. The court found that Indiana law allows local governmental units to exclude part-time employees from group health insurance and that the county’s classification of the county council member Huck as a part-time employee was permissible. Perry County et. al. v. Huck, Case No. 24S-PL-297 (Ind. 2025).
Chief Justice Loretta Rush agreed in the result but filed a separate “concurring opinion” of note. Justice Rush wrote that conflicting provisions of the statute lead to the conclusion that elected officials are not an employee of Perry County [local government]. Justice Rush’s analysis that elected officials are not employees is one shared by many practitioners in the government law practice. Local government should review its policies and implementation of those policies in light of this case.
James A.L. Buddenbaum is a partner in the law firm of Parr Richey Frandsen Patterson Kruse LLP with offices in Indianapolis and Lebanon, Indiana and has 25 years’ experience advising local government. He advises and litigates for local government, businesses, healthcare providers, utilities, individuals and insurance policy holder clients and in the areas of real estate, corporate, commercial transactions, health insurance law matters.
The statements contained herein are matters of opinion and general information only and are not to be considered legal advice and should not be construed to form an attorney-client relationship. If you have any questions regarding this article, please contact an attorney.
