Retiree Victory! Unanimous Appeals Court Ruling Affirms NYC Retired Municipal Workers’ Right To Keep Their Public Medicare Programs – UPDATED

New York Appellate Division Affirms City Retirees’ Right to Promised Medicare Benefits

Today’s Ruling Bars City From Forcing Retirees off of Traditional Medicare

Editor’s note: This decision continues the favorable response courts have had to the NYC Retirees’ cases against the City of New York, who, in an effort to cut corners and save money to provide raises and insurance ot active workers, has been trying to take away the healthcare promised to retirees in their union contracts.  As Marianne Pizzitola pointed out previously, all of these court cases, which have cost the retirees tens of thousands of dollars thus far, could have been unnecessary if the City Council had passed Intro 1099, the simple text of which would have protected retirees’ choice regarding Medicare and Medicare Advantage.  

Staten Islander News also reached out to Marianne Pizzitola with the following question, regarding the ability of the City to appeal this decision: Is this decision also subject to an appeal by the City? 

A: They would have to make leave for appeal – basically ask the NYS Court of Appeals to accept the appeal

NEW YORK  — The New York Appellate Division issued a unanimous decision holding that the City of New York cannot force its roughly 250,000 elderly and disabled retired municipal workers off of their longstanding Medicare insurance and onto an inferior type of insurance called “Medicare Advantage.”  Unlike Medicare—a public program that has protected City retirees for the past 57 years—the City’s proposed new Medicare Advantage plan was a private, for-profit endeavor that would have limited retirees’ access to medical providers, prevented retirees from receiving care prescribed by their doctors, and exposed retirees to increased healthcare costs.

The Court confirmed what retirees have been arguing for months: that they are entitled to the healthcare they were promised for over 50 years.  These retirees built their lives around this healthcare promise.  As the Court ruled today, denying retirees this healthcare would imperil their lives and violate the law.

The decision is available here.

Jake Gardener, a partner at Walden Macht & Haran LLP, counsel to the retirees, says, “We are grateful to the Court for recognizing the healthcare rights of retired City workers.  Because of the Court’s thoughtful, well-reasoned decision, hundreds of thousands of senior citizens and disabled first responders will be able to receive the medical care they desperately need.”

Marianne Pizzitola, President of the New York City Organization of Public Service Retirees, one of the lead plaintiffs, states, “Retired City workers dedicated, and in many cases risked, their lives for the City for relatively low pay.  In return, they were promised certain basic healthcare benefits when they retired.  The City’s attempt to break that 57-year promise is shameful and, as the Court ruled today, unlawful.”

Steve Cohen, a partner at Pollock Cohen LLP, also counsel to the retirees, says, “The City owes these retirees a debt of gratitude for their service.  Instead, it has been trying to deny them the healthcare they were always promised.  Fortunately, retirees fought back and they won.”

Banner Image: NYC Firefighters. Image Credit – Alec Favale