New York City Retirees Win In Their Lawsuit To Remain on Medicare And Not Be Forced Into A Subpar Medicare Advantage Plan

We love Judge Lyle Frank. Give him a key to the City, any Award that is relevant to a home-town hero, sumpthin’. He has the courage to stand up to the powerful but deaf arbitrators, lawyers and judges who choose to ignore what the People – citizens of NYC – want. Thank you, Judge Frank!

He decided, on August 11, 2023, to throw out the City’s plan to switch all municipal retirees from Medicare to a subpar Medical Advantage Plan that would have harmed the health, safety and welfare of all former employees of the City of New York. The Collusion among political groups and individuals in NYC is extensive and ugly. See

Neutrality in Arbitration and the Courts is For Sale in New York City

Medicare DisAdvantage For City Government Retirees

And then there is the Heroine of the moment and forever, Marianne Pizzitola.

Give an Award also to the tireless, courageous and brilliant Marianne Pizzitola, President, NYC Organization of Public Service Retirees & FDNY EMS Retirees, who took up the Medicare Advantage Plan disaster and showed everyone in New York City that yes, a single individual can make a difference. She did.

Whipping Egg-Whips: Retirees Are Winning Battles Against Medicare Advantage


Archived Announcements

Please Note:

The Latest Court Filings can be found on the Court Website:

All earlier Court Filings can be found on the Court Website in the Announcements below:

Appellate – #58, #54, #53, #52, #51, #46, #44, #43, #42, #60, #61, #62
 Supreme Court – #55, # 39, #33, #32, #30, #28, #26, #25, #17, #6, #4, #3, #2
New Case (5/31/2023) – Supreme Court – #63

#71 – 07/22/2023

Our Bill, introduced by Councilmember Charles Barron
Intro 1099

#70 – 07/07/2023

Read “All the News That’s Fit To Print” to herald our T-R-O Court Win!
Read the T-R-O Court Order Decision from the Judge

#69 – 07/04/2023   (Hold Off – No Need to Currently Do This!)

Watch the Video “How to Stay in Traditional Medicare WAIVE City Benefits“.
You can find the video and download the form at the links below:

Watch the Video

Download the Form

#68 – 06/23/2023

NYC Org of Public Service Response, Memorandum of Law in Reply, Document 92.
You can find details at the link below:

View the Documents

#67 – 06/23/2023

A Local Law to amend the administrative code of the city of New York, in relation to protecting the health care choice of retired employees of the city of New York. You can find details at the link below:

View the Bill and it’s  Sponsors

#66 – 06/21/2023 (Outdated/Removed 07/04/23)

#65 – 06/18/2023

Yesterday, the Manhattan Supreme Court, by mutual agreement of the parties (us, the City, and the Court) agreed to extend the deadline to “opt-out / Waive Your Benefit” deadline of June 30th, to July 10th. The Judge assured us he would schedule a hearing the week of July 4th and make a decision on the Restraining Order (Preliminary Injunction) and hopes to have a decision by July 10th. 

So you can wait until you hear from us the week of July 4th but be ready to implement your choice just in case we are not granted the restraining order. 

Aetna and the Labor Committee (MLC) made motions to intervene in our case.  Sure they want to!   They have a financial interest!   We will wait and see what the Court decides.  The last time he refused them but gave them amici (friend of the court) status and they took the side of the City of course. 

Watch the Friday Night Video



#64 – 06/14/2023

Greetings Retirees!   

We are happy to announce legislation will be introduced on THURSDAY, June 22nd by Councilman Barron which requires the City to offer a Medigap plan!   The legislation has two co-sponsors so far, CM Lynn Schulman and CM Inna Vernikov

The Retirees are very thankful for this support!  We hear others are joining us, so please keep calling them and advise them to sign on!

Please join us!   It will be a long day!  We are hoping to have a few chairs for you, but if you want to bring a collapsible seat, or a cane with a seat, check out Amazon.

The Meeting, if it starts on time, commences at 1:30 PM.  Last time, the meeting did not start timely and did not end until 5 pm.   Come prepared to spend the day together!

#63 – 05/31/2023

Our Attorney’s motion for a Temporary Restraining Order and Preliminary Injunction filed in New York County Supreme Court. You can find details at the link below:

View the Documents

 #62 – 05/26/2023

Read the Press Release about our win in Appellate Court of our $15.00 Co-Pay Lawsuit. You can find details at the link below:

Read the Press Release

#61 – 04/11/2023

EmblemHealth submitted this reply in further support of their appeal from the Decision and Order by Supreme Court. You can find it at the link below:

View Document

#60 – 03/29/2023

Our Attorneys have filed their Brief with The Appellate Division of the Supreme Court in Emblem’s Appeal of the injunction on the co -pays, scheduled for the May session. You can find it at the link below:

View Document

#59 – 03/03/2023 

AETNA Agreement documents:

1. AETNA Medicare Advantage Agreement Summary

2. Sr Care VS AETNA

3. Sr Care RX Rider VS Medicare RX Rider

#58 – 02/03/2023 

There are two new filings in the court docs. One is our opponents appeal argument re the injunction and the other is a filing by our Attorneys in the co-pay case. 

Read the Co-Pay Filing Here!

Read the Appeal Issue Here!

#57 – 01/19/2023 

Thank You City Council Video

#56 – 01/11/2023  (Updated 2/18/2023)

Judge grants preliminary injunction on co pays.  This applies to all Co Pays incurred on or after January 12th, 2023 in GHI Senior Care Medical only. Bring the preliminary injunction copy with you just in case the doctor asks for it.

Read the Court Filing Here!

#55 – 12/31/2022 

 Please reserve on your calendar the FOLLOWING dates: January 4, 9, 10, 19th. YOU MAY BE ASKED TO CONVENE AT CITY HALL ON EVERY ONE OF THOSE DATES. We will update you next week.

This is the list of Council Members. Make sure you send emails to CM Carmen DeLa Rosa and Speaker Adrienne Adams when you email all the others!

If you are on Twitter or Instagram find us and share our message. @NYCRETIREES

Next week we will advise you the next steps. SHARE THIS MESSAGE!

#54 – 12/21/2022 
 As requested by the Judge, the City’s response to our request for a TRO in our Co-Pay case (#s 48 – 51)
Read the Court Filings Here!

#53 – 12/15/2022 

The Co-Pay Lawsuit – Order to Show Cause and other associated Court Filings (#s 40 – 45)
Read the Court Filings Here!

#52 – 11/29/2022 

The Co-Pay Lawsuit! This is what your Legal Fund Donations Go To! 
Read the Court Filing Here!

#51 – 11/22/2022 

Hear Ye, Hear Ye Read All About it.
Read the Court Decision of our Appeal Victory Here!

The NYC Organization of Public Service Retirees is proud to announce the First District Appellate Court unanimously agreed with the Supreme Court in its finding that the City MUST pay for the full cost of health insurance up to the benchmark of the HIP HMO rate for every employee, retiree and their dependents.  

Today, justice prevails in a true David vs Goliath story.  The City tried to take away an earned and paid for benefit NYC Municipal Retirees have had since 1967.  The City and the MLC are trying everything from back door deals, threatening the City Council and having an “impartial” arbitrator offer his opinion that all plans be elimnated because they claim there are no other options to save money. There are other options, they just don’t want them.   It is easier for them to force senior citizens and the disabled, who loyally served this City and who were promised and earned their health benefits, into a managed medicare advantage plan so the money the City would have spent on us, would be given to the MLC.  We were sold off for their own benefit in their current collective bargaining. 

They never expected retirees to organize and fight back.  They called us “rumps” and “a small but vocal group”, when in fact we are over 50,000 strong and growing!  The fight continues as we are sure the City and MLC will try any tactic to further take away our benefits. We trust the current City Council will do as other City Councils have before them and protect retirees, once again, but we MUST continue to contact them.  This attack on our most vulnerable population must end.  Senior citizens and 9/11 responders are not for sale. We thank the Appellate Court for affirming Judge Frank’s decision.

#50 – 11/07/2022 (from 9/21/2022)

These are the Unions who voted YES, to modify the law that we won our case on to get around the Judge’s decision, that will impact ALL employees and retirees if passed bringing added costs and premiums into our lives. Please contact them and let them know how you feel about this.

Be polite no threats or acts of violence. Be professional. Just let them know there are other ways to fund the stabilization fund, and it would help if it wasn’t used for purposes not intended.

These are the 11 BRAVE Unions who voted NO, against the lies of the MLC, to safeguard Admin code 12-126. Out of 103 unions, 11 voted no! 48 voted yes, 4 abstained and 40 were NO SHOW.

These brave 11, contact them and say THANK YOU! And ask that they further support protecting the benefits of active workers and retirees and stand with us at the City council when they schedule the hearing. Ask them to commit to us they will stand with us!

Power in numbers! In solidarity!!!

#49 – 10/28/2022
New Documents:

1. UFT BS October 7
 2. Debunking DC37 Admin Code FAQ
Decoding the MLC’s ‘Healthcare Matters’ Statements

#48 – 10/21/2022
New Documents:

1. Fact Checking Mulgrew
2. 1992 MLC-Agreement Relating to Procurement of Employee Health Care Benefits

And see here:

New York City municipal unions promote massive cuts to health care for retirees

Betsy Combier


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