Kelly Tshibaka v. the Retired Public…

Summary

The Alaska Supreme Court held that the retirees' option to purchase dental insurance is an accrued benefit protected by the Alaska Constitution and that premium rates are a relevant factor in the diminishment analysis, vacating the superior court’s judgment and remanding for a new analysis that includes premiums, while also vacating the award of attorney’s fees and additional injunctive relief. Justice Winfree dissented, arguing the benefit is not constitutionally protected.