Teachers file appeal in benefits lawsuit

PROVO (AP) — A group of Provo teachers has appealed a judge's decision to dismiss the Provo City School District and Board of Education from a lawsuit over retirement health benefits.

The lawsuit was brought by 33 teachers last August after the district canceled lifetime Medigap insurance, which would have paid for medical expenses not covered by Medicare.

On June 1, 4th District Judge Fred Howard dismissed the school district and board from the lawsuit, leaving the Provo Classified Employees, the Provo Education Association and the Utah Education Association as defendants.

On May 10, attorneys for the district and board filed a proposed order for summary judgment for Howard to sign. Howard signed the order on June 1, the same day Evan Schmutz, the teachers' attorney, filed his response.

Schmutz said he expected the district's attorneys to accept the response, which he said was filed late due to a clerical error. The appeal was filed with the Utah Supreme Court after district counsel did not cooperate, he said.

The benefit was canceled in 2005 as part of cost-saving measures and to comply with new accounting rules that require districts to have money on hand to pay the long-term benefits they offer.

Eight teachers have asked to be dropped from the lawsuit since it was filed.