Tuesday, November 22, 2022

Another defeat for #Mulgrewcare - NYC RETIREES WIN in NY Appellate Court - Administrative Code § 12-126 (b) (1) requires respondents to pay the entire cost, up to the statutory cap, of any health insurance plan a retiree selects.

Today, the NYC Organization of Public Service Retirees won their case in the First Department NY Appellate Court.   The Court was very clear Code § 12-126 (b) (1) provides: “The city will pay the entire cost of health insurance coverage for city employees, city retirees, and their dependents, not to exceed one hundred percent of the full cost of H.I.P.-H.M.O. on a category basis.”
The court correctly determined that Administrative Code § 12-126 (b) (1) requires respondents to pay the entire cost, up to the statutory cap, of any health insurance plan a retiree selects.
The Retirees applaud the decision.
Marianne Pizzitola
NYC Organization of Public Service Retirees

This is why the UFT leadership is so desperate to change the code and has had Dist Reps send out a plea to chapter leaders to call their city council to change the code -- so the city would not be required to pay the entire cost? 

At last night's UFT Ex Bd meeting, United for Change reps made a plea to the UFT to reverse course and support current members and retirees. I will post their comments in a follow up.

I will also add the link here to the decision when I get it.

And here it is: https://www.nycretirees.org/_files/ugd/6a0ad2_247a57e48c164348b17a8aeb3817a5da.pdf

This is resounding rejection

Nothing in the statutory text or history supports respondents’ interpretation that the provision is satisfied so long as they pay for the costs of one of the health insurance plans offered to retirees, which they have determined to be the Medicare Advantage Plus Plan.
This was a major talking point for needing to change the code.

Unanimously told its BULLSHIT
Not only did they lose but the court squashed their initial propaganda campaign

It’s no wonder they’ve pivoted to this ends our collective bargaining rights
Which is even more ABSURD

Daniel interviewed Marianne Saturday on WBAI -a Must listen.


click above link to listen - a most informative hour.

Ibeth Mejia at UFT Ex Bd Opposes changing Admin code, urges Blue Ribbon panel on healthcare changes

I support the UFT changing course to come out in opposition to amending Administrative Code 12-126.  Most retirees do not want to be forced into a privatized Medicare Advantage plan where some health insurance company can get even richer on our backs. Strong unions like the UFT should be taking on these insurance giants. 12-126 gives us a nice benchmark plan with the HIP-HMO rate. Leave it alone and find savings elsewhere. The Taylor Law protects healthcare collective bargaining rights. It is a mandatory subject of bargaining.The moratorium clause is part of a state law that protects school district retirees in NY. I am not a lawyer but I like our chances if the City or Arbitrator Sheinman try to impose something unpopular on our retirees or active people. Privatized Medicare is unpopular. This is from Workbites.

Council Member Joann Ariola (R-Queens) told Work-Bites she had fielded thousands of queries from constituents on the Medicare Advantage controversy and that it was running 10 to 1 against making the change in the Administrative Code sought by Mayor Adams and the MLC leadership.

Brooklyn Council Member Charles Barron, (D-Brooklyn) said he was “100 percent with the retirees…because I think they have to keep the commitment they have because it’s beneficial for those who paid their dues and I think the Medicare Advantage approach is privatizing."

"Healthcare costs are out of control,” said Council Member Gale Brewer (D-Manhattan). "I have been lobbied by both sides but at this point, I am supportive of the retirees.”

That is a Republican, a left wing Democrat and a more  moderate Democrat I just cited.

Now I would like to cite a past UFT President: the legendary AL Shanker. He said the Union should avoid splitter issues. By seeing what the Council Members are saying, this is clearly a splitter issue. It is the MLC leaderships and their supporters against the rank and file retirees.

Change course. Let's play this out. If the MLC leadership gets a bill in front of the Council, there have to be public hearings. I can pretty much guarantee the MLC leadership will be standing against 9-11 survivors and heroes who will be at the Council en masse to oppose this change to 12-126 that will force them into privatized Medicare. Please don't do it. There is no MLC consensus on revising 12-126 Most of the uniform unions who are quite popular oppose changing 12-126 and they blame the UFT for leading this battle. Don't split the labor movement and don't try to balance the City books on the backs of retirees by privatizing their healthcare. We need to buy time until we can work for a national single payer system like every developed nation on earth has except for the USA. 

I suggest putting together a blue ribbon panel as has been proposed. Find otherb ways to save money with new audits and other savings but please leave the 12-126 as it is and support this resolution.

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