Ruling Requires City to Pay the Entire Cost of Retirees’ Preferred Health Insurance Plan
- Marianne Pizzitola
- 7 hours ago
- 3 min read
Published: May 09, 2025
On Wednesday, Dec. 18, the New York Court of Appeals, the state’s highest court, issued a historic decision in favor 250,000 Medicare-eligible retired New York City workers and their dependents. The Court held that the City must continue to pay the entire cost of any health insurance plan retirees select, thus preserving their right to City-funded Medicare supplemental insurance. The Court issued a unanimous decision affirming the victories achieved by the retirees in the lower courts.
Rejecting the City’s argument that the City can cease funding retirees’ health insurance, the Court held that “the City must pay—up to the statutory cap—for each health insurance plan that it offers employees and retirees.” The decision is available here.
The Court of Appeals held:
Through the City’s Health Benefits Program, the City offers retirees a choice of health insurance plans. One of those choices is Senior Care, the plan chosen by the vast majority of retirees.
The Court held that, under NYC Administrative Code § 12-126, the City is required to pay the entire cost of whichever health insurance plan a retiree selects.
The City need not pay more than the “statutory cap,” which is the cost of the HIP-HMO plan. The cost of Senior Care is below this cap, meaning that the City has to pay the entire cost of Senior Care.
In 2021, the City announced that it would stop paying for retirees’ Medicare supplemental insurance and automatically switch them into a federally funded—and far inferior—type of insurance called Medicare Advantage. Unlike Medicare supplemental insurance, Medicare Advantage plans limit access to doctors and hospitals and regularly deny coverage for necessary care. Under the leadership of Marianne Pizzitola and the NYC Organization of Public Service Retirees, retirees banded together and sued to protect their right to Medicare supplemental insurance.
Retirees have secured eleven (11) wins since they began fighting back in 2021 literally in the middle of a pandemic.
New York State Assemblywoman Stacey Pheffer Amato, Chairwoman of the New York State Assembly Committee on Governmental Employees, released the following statement upon the decision from the New York State Court of Appeals, the highest court in the State, regarding NYC’s attempt to diminish retiree health insurance:
“The Court has unanimously ruled exactly what we have all been fighting for – retiree benefits cannot be diminished! Congratulations to every single NYC retiree, and especially to Marianne Pizzitola and the NYC Organization of Public Service Retirees for this well-deserved decision by our courts! It’s an honor to stand with all of you and fight to ensure that no one takes anything away from our retirees. This is a tremendous win and shows the united and unwavering commitment to protecting our retired governmental employees!”
Councilman Christopher Marte stated, “Today’s ruling is a monumental victory for the 250,000 retirees who dedicated their lives to serving NYC. The Court of Appeals has made it clear, “the City cannot break its promises to those who built this City and safeguarded its future. Retirees deserve access to the healthcare they were guaranteed – care that is vital to their very well-being and dignity. This decision is a resounding rejection of efforts to defund retiree healthcare, and it underscores the need for us, as elected officials, to prioritize people over profits. I stand proudly with the retirees and will continue to fight to ensure their healthcare choices are protected. As such, we must pass Intro-1096 to enshrine retiree healthcare once and for all.”
Marianne Pizzitola, President of the NYC Organization of Public Service Retirees, said, “The City’s plan to defund retiree healthcare has now been analyzed by 13 different judges across all three levels of the state judiciary. Every single judge—all 13 of them—have concluded that the City’s plan is unlawful. We once again call on the City and the Municipal Labor Committee, with the leadership of DC37, UFT, Sanitation, CWA Local 1180 and Teamsters Local 237 to end their ruthless and unlawful campaign to deprive retired municipal workers of the healthcare benefits they earned. The constant suppression of the HiP rate, and passing of copays on unionists MUST END. Constantly putting the elderly, disabled, line of duty widows/widowers and 9/11 responders through this is cruel and inhuman.”
This article doesn’t make sense; the dates seem all wrong. Has there been a decision in the Bentowski case?