The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 6659 August 29, 1990 COUNTY BOARD OF ROAD COMMISSIONERS: Insurance and retirement plans for members of commission OFFICERS AND EMPLOYEES: Insurance and retirement plans for members of commission County road commissioners may participate in insurance and retirement plans established by the road commission for its employees provided that such participation is pursuant to a compensation plan established by the county board of commissioners for the road commissioners and, further, provided that the county board of commissioners appropriates the necessary funds for such benefits. Honorable John J. H. Schwarz, M.D. State Senator The Capitol Lansing, MI 48909 You have asked for my opinion on a question which may be stated as follows: Whether county road commissioners may participate in the insurance and retirement plans established by the road commission for its employees provided that the county board of commissioners determines that the participation of the road commissioners in those plans is a part of the total compensation package for the road commissioners? As background to your question, you make reference to OAG, 1979-1980, No 5447, p 60 (February 26, 1979). That opinion concluded that members of a county board of road commissioners may not authorize their own participation in a program which they established for their employees involving retirement benefits, health care, medical care, or life insurance pursuant to MCL 224.10a(1); MSA 9.110(1)(1). That opinion stated, in part: "The authority of a board of county road commissioners to participate in the cost of or provide health care and life insurance programs for its employees is contained in 1909 PA 283, Ch IV, Sec. 10(a); MCLA 224.10a; MSA 9.110(1). In essence, this statute permits the establishment of such benefits by members of a board of county road commissioners for its employees where same has not been provided by the county board of commissioners under the authority of 1851 PA 156, Sec. 12a; MCLA 46.12a; MSA 5.333(1). (1) As is evidenced by the footnote quoted above, OAG, 1979-1980, No 5447, p 60, supra, recognized that 1851 PA 156, Sec. 12a, authorizes a county board of commissioners to provide group insurance benefits for county road commissioners. Subsection (1)(a) of that section, MCL 46.12a(1)(a); MSA 5.333(1)(1)(a), provides: "A county board of commissioners ... may: "(a) Provide group life, health, and accident and hospitalization insurance for a county employee, retired employee, or an employee of an office, board, or department of the county, including the board of county road commissioners, and a dependent of an employee, either with or without cost participation by the employee, and appropriate the necessary funds for the insurance." (Emphasis added.) MCL 46.12a(1)(b); MSA 5.333(1)(1)(b), contains a similar provision authorizing the county board of commissioners to approve retirement benefits for the road commissioners. The compensation of a county road commissioner is determined by the county board of commissioners. MCL 224.8; MSA 9.108. See also, OAG, 1983-1984, No 6265, p 434 (December 19, 1984). It is my opinion, therefore, that county road commissioners may participate in insurance and retirement plans established by the road commission for its employees, provided that such participation is pursuant to a compensation plan established by the county board of commissioners for the road commissioners and, further, provided that the county board of commissioners appropriates the necessary funds for such benefits. Frank J. Kelley Attorney General (1 "1851 PA 156, Sec)