Latest Developments
Announcements:
On Thursday, August 1, 2024 the NYS Supreme Court, Justice Lyle Frank lifted the injunction on the CoPay Case. This opens the door to the City charging CoPays of $15 beginning January 2025. We are still fighting the merits of the case before the same Justice as that has not been argued yet. The City is also appealing the Class Action certification of this case too! More to fight! This case has three battles!
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On Tuesday, May 21, 2024, the NY Appellate Division found unanimously once again for the Retirees! They held, " “The City has made clear, consistent, unambiguous representations – oral and written – over the course of more than 50 years, that New York City municipal worker-retirees would have the option of receiving health care in the form of traditional Medicare with a City-paid supplemental plan. Consequently, the City cannot now mandate the proposed change eliminating that choice.” The City could seek permission to appeal to the Court of Appeals, which is the highest court in the state. But because the decision of the First Department was unanimous, it may be unlikely. The City has 30 days to file leave to appeal this decision.
Court:
We are currently in court with 3 cases against the City. We have not lost one battle yet. While we pray we can continue this there are no guarantees. We need to continuously fundraise and hope for the best!
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Court Case 1: Campion Case
The argument is over what 12-126 means. Click this court docket link and enter the name of our organization NYC Organization of Public Service Retirees here. THIS IS THE HIGHEST COURT IN THE STATE.
Case 2: Bianculli Case
Is known as the CoPay Case. The Case is here, and in the first Department Court of Appeals.
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Case 3: Bentkowski Case
AKA The Nuclear Option case. The eliminated ALL our plans to force us into Medicare Dis-Advantage, a privatized managed care plan inferior to Medicare. The Mayor asked the NYS Court of Appeals to hear an appeal of a unanimous Appeals Court Decision. We are waiting to hear if they will approve it. This was the Appeals Court Docket.
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Legislation:
Our bill is known as A7866- Assembly bill & S8388 - Senate Bill in the NY State Legislature.
It allows for the protection of our retiree health benefits in the likeness of the protections our pension has under the NYS Constitution.