Medicare Update. Preliminary Injunction: GRANTED

On July 7, Judge Frank issued his decision and order on motion regarding the implementation of a new healthcare plan for City retirees.


Petitioners have by clear and convincing evidence met the requisite burden for a preliminary injunction by exhibiting the likelihood of ultimate success on the merits, the prospect of irreparable injury in absence of injunctive relief, and the balance of equities weighing in the petitioners’ favor. Accordingly, it is hereby

ORDERED that the Decision and Order of this Court dated June 6, 2023, is hereby

VACATED; and it is further ORDERED that the Petitioners’ application for preliminary injunction is granted and Respondents are temporarily enjoined until further order of this Court from requiring any City retirees, and their dependents from being removed from their current health insurance plan(s), and from being required to either enroll in an Aetna Medicare Advantage Plan or seek their own health coverage.

For the full decision, see below.