The Nevada Public Employee Benefits Program board has once again refused to let a group of Nevada Highway patrolmen and correctional officers out of the state health plan.
The group wants to join the plan managed by the Teamsters Union, which they say is cheaper and provides their officers and families with better benefits.
They have the state law on their side but, in nearly five years since the Legislature passed the law, they have been unable to convince the state benefits board to let them go.
After being told no late last year, they brought the issue back to the board Thursday but nothing changed despite Chairman Terry Johnson's admonition they had met all the requirements of the law.
"It seems from the application presented, consulting reports and the testimony presented that the application seems to meet the standard and seems to meet the legislative intent," Johnson said.
He expressed the concern some members seem opposed no matter what to the law allowing groups of 300 or more to "opt out" of the state plan. He said like it or not, the law permits those groups to find a private plan and board members shouldn't abuse their discretion to prevent it unfairly.
Board members originally expected the "opt out" to be blocked by the provisions stating no group can leave if the result hits those remaining in the plan with a premium increase of 5 percent or more. But the effect would only be about 1Ú2 percent.
Board member Garth Dull, former head of the Nevada Department of Transportation, said he couldn't support any group leaving if it in any way hurts the state workers remaining under the health plan.
"Our main responsibility is to the plan participants and anything we do that increases that cost violates that trust," he said.
Member Myla Florence, former head of Employment Security, made similar comments along with members David Smith, Randall Kerner and Bill Anderson.
Only Angus MacEchern and Chris Campbell voted to let the group go.
Teamsters spokesman Gary Wolff said the vote leaves them no choice but to go back to the Legislature or to court.
"We've met every requirement," he said. "They're not going to let us out under any circumstances. They're breaking the law."