No claim for back pay upon reinstatement

No claim for back pay upon reinstatement

Koppman v. Board of Education, 95 A.D.2d 777

If a probationary employee reinstated to his or her former position was not removed from the  position unlawfully “neither the Constitution nor New York State Law recognizes the right of a reinstated probationer to an award of back pay”.

This, in a nutshell was the conclusion of the Appellate Divisions in the Koppman case.

The court’s rationale: “In the absence of a statute requiring the payment of back pay, the public employer is not required to pay back wages as the payment of such compensation without the performance of service would constitute an unconstitutional gift of public funds (Article 8, Section 1, of the State Constitution).”

Town may terminate health insurance coverage for Medicare-eligible retirees

Town may terminate health insurance coverage for Medicare-eligible retirees

Op St Comp 80-105

The State Comptroller has issued an opinion indicating that a town may terminate the health insurance coverage of a retired town employee when the retiree becomes qualified for Medicare coverage benefits.

It appears that the view of the Comptroller is limited to local governments which are not participating in the State’s Employees’ Health Insurance Programs [NYSHIP]. 

Insofar as public employers participating in NYSHIP are concerned, Section 167-a of the Civil Service Law controls with respect to health insurance coverage available to NYSHIP retirees upon their becoming Medicare-eligible. 

With respect to public employers that do not participate in NYSHIP there may be provisions in a collective bargaining agreement that would control the health insurance participation of an entity's retirees upon their becoming Medicare-eligible.

Public official must claim his or her qualified immunity as a defense when sued in federal court

Public official must claim his or her qualified immunity as a defense when sued in federal court

Gomez v. Toledo, 64 L Ed 2d 548

The United States Supreme Court has ruled that a public official sued under 42 USC 1983 (The Civil Rights Act) must claim that the acts alleged to be discriminatory were performed in good faith if he or she seeks qualified immunity as a defense.