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
President
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.
https://talk-out-of-school.simplecast.com/episodes/healthcaredebacle
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.