The health insurance benefits of a retiree of a school district or a BOCES cannot be diminished unless a corresponding diminution is made for its active employees

In this hybrid proceeding pursuant to CPLR Article 78, Petitioner challenged a decision of the Board of a Cooperative Educational Services [BOCES] to discontinue its reimbursing certain of its retired employees' Medicare Part B charges and eliminated its reimbursements for Medicare Part D premiums. 

Petitioner also sought a judgment declaring that the BOCES violated Chapter 729 of the Laws of 1994, as amended by Chapter 22 of the Laws of 2007, the so-called "Moratorium Law", prohibiting a school district or a BOCES from diminishing its retirees' health insurance benefits unless it makes a corresponding diminution of such benefits then available to its active employees.

Supreme Court granted the Petitioner's appeal and annulled the BOCES' action. The BOCES was directed to reinstate the subject reimbursements and benefits and the Supreme Court held that the BOCES had violated the Moratorium Law. The BOCES appealed the Supreme Court's ruling.

The Appellate Division sustained the Supreme Court's determinations, explaining:

1. The Moratorium Law "sets a minimum baseline or floor for retiree health benefits, which is measured by the health insurance benefits received by the employer's active employees";

2. A school district or BOCES "may not diminish retirees' health insurance benefits unless it makes 'a corresponding diminution in the health insurance benefits or contributions of active employees'"; and

3. The purpose of the Moratorium Law "is to protect the rights of retirees who are not represented in the collective bargaining process".

The Appellate Division held that Supreme Court had correctly determined that BOCES did not make a "corresponding diminution in the health insurance benefits or contributions of active employees" when it reduced the reimbursements to the Petitioner's Medicare Part B charges and eliminated reimbursements for Medicare Part D premiums. 

In addition, the Appellate Division opined that "Supreme Court correctly compared the health insurance coverage offered to certain retirees to the health insurance coverage offered to the active employees" and found that BOCES' contentions to the contrary were "without merit".

Click HERE to access the Appellate Division decision posted on the Internet.

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An applicant for accidental disability retirement must establish that the disability suffered was the result of an accident within the meaning of the Retirement and Social Security Law

Petitioner, a police detective assigned to an executive protection detail, filed an application for accidental disability retirement benefits contending that he was permanently incapacitated from the performance of his duties as the result of an incident that occurred in the course of his performance of his duties. 

The New York State and Local Police and Fire Retirement System [ERS] denied Petitioner's application based on its determination the underlying incident did not constitute an accident within the meaning of Retirement and Social Security Law §363. Petitioner filed an administrative appeal. 

An Administrative Hearing Officer sustained the ERS ruling after an administrative  hearing. Petitioner then initiated a CPLR Article 78 proceeding challenging the ERS ruling.

Citing Matter of Stefanik v Gardner, 236 AD3d 75, the Appellate Division dismissed Plaintiff's appeal, explaining:

1. "As the applicant, [Petitioner] bore the burden of establishing that his disability arose from an accident within the meaning of the Retirement and Social Security Law, ERS's determination in this regard will be upheld if supported by substantial evidence; 

2. "An accident in this context means a sudden, fortuitous mischance, unexpected, out of the ordinary, and injurious in impact";* 

3. Petitioner testified that on the day in question he was assigned to the executive protection detail and, in that capacity, had transported a county executive to various meetings and that he did not recall anything significant events having occurring in the course of his performing such tasks; and 

4. The record did not indicate that Petitioner had engaged in any particularly stressful or strenuous activity in the course of Petitioner's performance of such duties 

Based on the record, the Appellate Division held the Petitioner failed to satisfy his burden of establishing that his disability arose from an accident within the meaning of the Retirement and Social Security Law, disagreeing with Petitioner's argument to the extent that he had contended that "the chest pain he experienced — in and of itself — was sudden and unexpected and, hence, qualified as a precipitating accidental event".

Accordingly, the Court ruled that "ERS's determination denying Petitioner's application for accidental disability retirement benefits will not be disturbed".

* See Matter of Stefanik v Gardner, 236 AD3d 75.

Click HERE to access the Appellate Division's decision posted on the Internet.