Jan. 23--A former Collierville firefighter is seeking to get his job back after he was fired when his ex-wife used his health insurance after their divorce.
Collierville officials fired Andy Pera last year after he notified personnel during open enrollment about his divorce six months after it was final.
"To me, it's like getting the death penalty for a speeding ticket," said Pera who had worked 23 years as a firefighter/paramedic.
Pera, 50, of Olive Branch filed a lawsuit in Shelby County Chancery Court in October claiming that the town's actions against him were arbitrary, fraudulent or even illegal.
Pera's divorce from his third wife, Glenda Burton Pera, was finalized on Nov. 19, 2012. He continued paying for family coverage even after the divorce. "I didn't think you could take her (wife) off in the middle of the fiscal year," he said. Previously, enrollment changes were allowed in December.
He notified personnel of the change in July 2013 during the town's open enrollment. But during the six months his ex-wife remained on the insurance, the town, which has a self-insured insurance program, paid out roughly $10,000 in medical bills for his former wife. His ex-wife told Collierville officials she thought COBRA insurance was paying her claims.
Before he was let go, Pera said, "I offered to pay it back. I had no idea I would be fired."
His attorney, Deborah Godwin, called the town's actions unfortunate.
"With a lot of health insurance, people don't notify personnel or the insurance company properly of a change in dependents in a timely basis," she said. "Insurance companies or employers often conduct dependent audits -- like Shelby County recently did -- but they don't penalize the employee."
Because of the litigation, Town Administrator James Lewellen declined to comment. He told Pera in a Sept. 6 letter : "I understand from your appeal meeting and your emails that you feel the blame for this situation rests with your former wife." But Lewellen said it was Pera's responsibility -- not the dependent's.
In addition, assistant town attorney Lisa A. Krupicka told Pera in an Aug. 16 letter that this was second time he had failed to notify the town promptly of his divorce. "Given your prior conduct and knowledge of what is required, the Town has no choice but to consider your failure to notify it of your most recent divorce for over six months as cause for your immediate termination," she wrote.
In both the inside cover of the town's employee benefit plan booklet and also in a question and answer section about open enrollment, it says employees must notify personnel of dependent status changes. If not, it states, an employee may be responsible for paying back any claims after a dependent becomes ineligible. It doesn't say such a failure could lead to termination.
Pera, who is working as a paramedic for a private company, said the first time it happened in 2008 was blur. His teenage daughter died in a drowning accident and he was going through his first divorce at the time.
Pera said he thought this time his divorce decree, which stated his former wife was not to use his health insurance, protected him and the town. No trial date has been set for the case.
Copyright 2014 - The Commercial Appeal, Memphis, Tenn.
