In a decision and order filed on December 14, 2021, Justice Lyle E. Frank of State Supreme Court amended his October 21, 2021 preliminary injunction.
Justice Frank ordered the City to delay retiree health care switch until April 1, 2022. The preliminary injunction is to remain in effect until the Respondents (the City’s Office of Labor Relations and its Commissioner, and the City of New York) meet certain conditions and timetables that are satisfactory to the Court. The judge will not allow implementation of the Plan to move forward until then.
Justice Frank ordered that the Respondents must abide by the terms of the plan it submitted to the Court on December 7, 2021. In addition, he added the following additions and amendments to Respondent’s plan and the preliminary injunction:
- The effective date of the implementation of the Medicare Advantage Plus Plan will be delayed until at least April 1, 2022.
- The opt-out period will end on March 31, 2022.
- There will be a continuing opt-out period until June 30, 2022 even while the Advantage Plan is in effect.
- Respondents must send a letter to all retirees containing a list of the corrections and additions made to the previously sent Enrollment Guide on or before January 7, 2022. The letter must contain information on how a retiree can obtain a corrected Enrollment Guide free of charge, and the specific web addresses where the corrected Enrollment Plan may be seen.
- Respondents must ensure that there is only one set of deductibles in the calendar year 2022 for all retirees.
Justice Frank also ordered the City to report on a biweekly basis beginning January 7, 2022 its efforts to contact medical providers about the new Plan and on webinars regarding the Plan. Finally, correspondence about the Plan must be sent out by January 14, 2022.
December 14, 2021 amended interim order is available on the NYS Courts website here.
December 7, 2021 plan from the Respondents is available on the NYS Courts website here.
October 21, 2021 preliminary injunction/restraining order is available on the NYS Courts website here.