In January 2016, RPEA filed a lawsuit against the Commissioner of the Department of Administration for illegally diminishing the retiree Dental plan, violating the DVA plan’s constitutional protection. The State’s position was that the plan is not constitutionally protected, and they could make changes to the plan at will.

In December 2016, the court ruled that the DVA plan was constitutionally protected just like the medical plan. The trial to determine if the State’s actions resulted in diminishment is scheduled for April 2018.