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                        | In
 May 2021, word of mouth got out that the City was planning to switch 
all 250,000 City union retirees from Medicare into Medicare Advantage, 
which is neither Medicare nor Advantage, but nothing more than a 
dressed-up name for Managed Care run by private for-profit insurance 
companies, with a whole bureaucratic structure of preapprovals and 
denials. If we retirees wanted to keep our Medicare – the benefit that 
has been in place since 1967 – we would have to pay for the supplemental
 part of the insurance -- Senior Care-- out of our own pockets – a cost 
of about $2400 per person a year, a not-insignificant sum for many of us
 and an absolutely impossible sum for thousands of City retirees on 
pensions of $10, $15, $20,000 a year – people in their 80s, 90s, over 
100; people who had worked in low-wage City jobs for years, mostly women
 and people of color.
 A handful of us formed CROC – the Cross-union Retirees Organizing 
Committee – and started spreading the word to other retirees, pressuring
 our local politicians and contacting the media, organizing rallies at 
City Hall, etc. Other groups were also reaching out: DC37 Retirees 
Assn.; UFT’s retirees group Retiree Advocate; COMRO (Council of 
Municipal Retiree Organizations), PNHP (Physicians For A National Health
 Plan), PSC (Professional Staff Congress), etc.
 
 The movement got a major boost when Marianne Pizzitola, a DC37 retiree, 
pulled together the NYC Organization of Public Service Retirees (NYCOPSR)
 and found a law group that would take our case. With that, we were off 
to the races: Yes, you can fight City Hall – we did, and we won. In 
February 2022, The NYS Supreme Court ruled that, under Administrative 
Code 12-126, the City did not have the right to charge retirees for our 
Senior Care. The City appealed – and lost.
 
 What’s Happening Now?
 
 That should have been the end of it, but of course it wasn’t. Two things:
 
 Copays: As of January 2021, the City and Emblem 
Insurance, which handles our Senior Care, started charging $15 copays 
for every single encounter with medical professionals. Sounds like 
nothing, but those copays sure add up when you’re getting PT or 
chemotherapy 3-4 times a week – not uncommon for many seniors. And many 
of us are seeing multiple doctors for multiple conditions. So NYCOPSR
 has taken City Hall to court again and the court immediately issued a 
temporary injunction against the copays, effective January 12 of this 
year. For the moment, retirees are no longer liable for these copays. 
We’ll see how this plays out in court.
 
 Administrative Code 12-126: When it lost its appeal in 
October 2022, the City tried a new tack: change the law. Right now, 
12-126 provides the same coverage and protection for all active City 
union members, retirees, and their dependents. The City wanted to add 
some extenuating language to 12-126 that would create different 
“classes” and levels of coverage. In other words, it would shatter equal
 coverage for all and pit different groups against each other at the 
negotiating table: retirees versus actives; teachers against school 
kitchen workers, uniformed workers against admin staff, etc. The City – 
and its helpmate, the Municipal Labor Committee – went all out to get 
City Council to amend 12-126 with this new language. The retirees came 
out in force to oppose the amendment – emails, phone calls, zoom meets, 
rallies, culminating in an 11-hour hearing before the Civil Service and 
Labor Committee. And by now, a lot of active workers were recognizing 
the threat to their benefits as well. Divide and conquer didn’t work: 
City Council decided to table 12-126 for now but can resurrect it at any
 time. The language stands: equal coverage, cost-free, for all – active 
workers, retirees, and dependents.
 
 What’s at the Heart of All This?
 
 Money. And the Health Insurance Stabilization Fund.
 
 What is the Stabilization Fund? It was created under Bloomberg in 1984 
to pay for active workers’ health insurance premiums when they exceed 
the benchmark set in 12-126. It also puts money into the various City 
unions’ welfare funds, used for other health-care expenses: podiatry, 
dental, hearing, eye glasses, drug plans.
 
 The problem is, the Stabilization Fund is going broke. Why? Because 
since its inception it has been used as a slush fund, to pay for 
non-health-care-related costs, primarily negotiated wage increases for 
active workers. A few hundred million here, a billion there – pretty 
soon, there’s nothing left.
 
 So the City and the MLC, which basically means the UFT and DC37, the two
 biggest unions, came up with a plan: dump all the retirees out of 
Medicare/Senior Care and into Medicare Advantage, which is funded by a 
subsidy from Medicare itself – an amount that is significantly less than
 is currently being spent on retirees’ health care. Use the money saved 
to replenish the Stabilization Fund. It’s a win-win for the City and the
 unions. The only losers are the retirees, who have no voice in their 
former unions. As for the actives, they won’t find out what’s in store 
for them until it’s too late!  The city is already looking for ways to 
save money on their health care.
 
 Now What?
 
 We’ve won this battle but the war continues. Eric Adams is threatening 
the “nuclear option,” eliminating all other health care plans except 
Medicare Advantage. Anyone who refuses to accept the MA plan would no 
longer be a “covered City retiree” — i.e., would lose all health care 
coverage currently paid by the City, possibly including drug plan and 
reimbursement for the Medicare premium as well as Senior Care medigap 
insurance. This would add up to about $12,000 for a couple. It would be a
 severe blow to those of us on “middling” pensions, but it would be 
utterly devastating to the tens of thousands of City workers who had 
worked in low-wage jobs or retired 15, 20, 25 years ago and are now 
caught by the effects of inflation and fixed incomes.
 
 So the fight is now even more dire, because people believe that we have 
won when in fact we are now entering a much more dangerous phase of the 
war. Our next step appears to be a fight to enshrine our right to 
premium-free Senior Care coverage in the City code. We expect that this 
will be a long and difficult fight.
 
 Are There Better Solutions?
 
 Yes! But what we need is time – and a Time-Out. And for that we turn to 
the PSC – the Professional Staff Congress, which has come up with a 
plan. It goes like this:
 
 There is another City fund, the Retiree Health Benefit Trust. It was created in 2006 to pay exclusively for retiree health benefits, including:
 
 • Pre-Medicare health insurance
 • Medicare supplemental health insurance, Senior Care(for those age 65+)
 • Medicare Part B & IRMAA reimbursements
 
 At
 the start of FY2023, the trust had a balance of $4.58B. Retiree benefit
 costs are anticipated to be $3.6B in FY2023, leaving a surplus of close
 to $1B.
 
 The
 PSC is proposing that for the next two to three years, the City not 
reimburse the Trust by $500 million a year and instead deposit that 
money into the Stabilization Fund. During this Time-Out period – and 
this is crucial – a stakeholders committee that would include the City 
should research and enact changes that will result in the long-term 
containment of health-care costs. Some of these changes, all considered 
briefly by the City and the MLC but never pursued, include:
 •       
 Creating a self-insurance plan to cover the million City workers, 
retirees, and their dependents, resulting in vastly reduced overhead 
costs now currently incorporated into private for-profit insurers’ 
charges •    Having
 the City negotiate directly with the private nonprofit hospitals for 
limits on reimbursement rates, which are extortionate at present  •   Consolidating
 the 100+ union welfare funds into a single group, which would have 
greater clout in negotiating group drug purchasing costs •   Auditing current insurance providers for potential fraud, duplication, and waste Health-care
 analysts, such as Prof. Barbara Caress, member of the Professional 
Staff Congress (PSC) estimate that such changes could potentially result
 in annual savings of $1B – at no cost or threat to the existing 
coverage of City workers, retirees, and their dependents. 
 That is a true win-win.
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