Judge Frank Grants TRO for Retiree Healthcare Switch
Today, Judge Lyle Frank granted a TRO which will temporarily halt the City and the MLC from switching all retirees from GHI SeniorCare to a for-profit Aetna Medicare Advantage Plan. While the case, initiated by the NYC Organization of Public Service Retirees, is far from over, this is a very good omen. These excerpts in particular bode well:
“First, the Court finds that the petitioners have shown by clear and convincing evidence that there is a likelihood of success on the merits. The Court agrees that it is likely that this Court will ultimately find that the respondents are estopped from switching retirees into a Medicare Advantage Plan and that New York City Administrative Code section 12-126 does not permit the action that the City plans to take….The petitioners have shown that numerous promises were made by the City to then New York City employees and future retirees that they would receive a Medicare supplemental plan when they retired, and that their first level of coverage once that retired would by Medicare.”
Make no mistake: the timing of this TRO decision alongside a new contract that is almost sure to be ratified within the next several days is meaningful. Mulgrew’s nightmare scenario of a ratified contract followed by the necessity of making major negative changes to in-service health care plans now seems more likely and more imminent than it did before. Mulgrew, after all, will still need to find savings to pay back the City for promised healthcare spending reductions. Now, however, he will have to pillage elsewhere than our retiree coverage. For those next steps, we must wait and see; against those next steps, we must be ready to fight.
9 Comments
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BaconUFT
I couldn’t agree more. This almost read like the decision – I’d be amazed if he ruled in the other direction now. Consolidating welfare funds (and thus sending Unity staffers back to the classroom) would be an obvious cost saving that would benefit our members. But since it wouldn’t benefit Unity, we’d likely need to see a court order first!
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Joe
Kind of odd that we have no results from contract vote.. You think it has to do with the Healthcare issues?
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BaconUFT
I think they’re waiting on certification from AAA (probably Monday), which may mean some of votes, probably the functionals, were close.
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Dana Ohlmeyer
[email protected] is the contact. These retirees, some 9/11 survivors, most elderly, stood up to the Adams/Bloomberg machine. (Bloomberg gifted Adams 1 million for privatization of public schools. A check/present for non public, non union schools. Adams first week in office. Yes, that billionaire found a million pocket change for privatizing public education.)
Next step: throw away the contracted health care supports for retirees, including you, current employees. -
Inez Barron
GREAT NEWS ABOUT JUDGE LYLE FRANK GRANTING THE TRO (temporary restraining order). We have got to share accurate information about Mayor Adams’ attempt to renege on the city’s statutory obligation to provide premium-free Medicare to municipal retirees. ALSO, call you city councilmember and DEMAND that they sign-on the Councilmember Charles Barron bill (Intro. 1099) to protect municipal retirees right to maintain their healthcare choice.
FINALLY, do not let the unprincipled leadership pit active workers against retirees. Inez Camara -
Inez Barron
Correction-GREAT NEWS ABOUT JUDGE LYLE FRANK GRANTING THE TRO (temporary restraining order). We have got to share accurate information about Mayor Adams’ attempt to renege on the city’s statutory obligation to provide premium-free Medicare to municipal retirees. ALSO, call your city councilmember and DEMAND that they sign-on the Councilmember Charles Barron bill (Intro. 1099) to protect municipal retirees right to maintain their healthcare choice.
FINALLY, do not let the unprincipled leadership pit active workers against retirees. Inez Camara
Howie Siegel
I have said from the beginning of round 2 against the MLC’s evil.plan that we would prevail. I have never seen a restraining order drop.more hints that the NYC/ MLC simply cannot do whatever they wish.
Now about Mulgrew paying back the City. Let him begin by sending some of his overpriced salary back to the NYC coffers.