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WPCNR CITY HALL CIRCUIT. By John F. Bailey. June11,2010:
White Plains attorney Albert Pirro of The Pirro Group told WPCNR today he has asked the White Plains administration to delay collecting the 15% payment of medical premiums due for retirees required to have those payments in to the city by July 10, or possibly face cancellation of their medical benefits.
Pirro contends those retirees beginning work with the city before July 1,1995 – should be granted a moratorium on paying their premium share until after his pending lawsuit on behalf of retirees affected is considered by the courts. Pirro contends the city collecting the new payments based on new legislation, violates the City Charter and the union contract in effect at the time. He told WPCNR he expected to file a Notice of Claim Friday (today)
Pirro said he had asked the Mayor’s office to call a Special Meeting before July 1, (when medical payments are due), to enact a moratorium on collecting the premiums while the court decides whether the city violated due process by allegedly violating the Charter and union contracts, as Pirro contends.
Pirro said the Mayor’s Office had advised him there was no time to call a Special Meeting until after July 1, effectively making the legislation “live.” He also said requests for copies of the union contracts in effect in the mid-90s from the city had so far not been met, for reasons unknown.
Pirro represents a growing group of retirees of a class action suit on behalf of a newly formed group of those retirees affected, the White Plains Retirees Association. He told WPCNR he was filing a Notice of Claim today, Friday, and would be seeking an injunction to stop the city from collecting the new medical premiums until after his upcoming suit is adjudicated.
Pirro said the Mayor’s Office had indicated there was no time to hold a Special Meeting until after July 1 to amend the legislation, in effect, making the payments effective.
97 Police Retirees in Suit.
Pirro reported that 97 retired police personnel had signed on to be apart of the class action to date.
He said that many of those persons he has talked to are unable to afford the $1,000 to $2,396 premium share of the medical premiums the new city policy requires. He added that many said they could not afford to pay the premium share (from $275 to $600 every three months depending respectively on single person or family plan coverage) given a month’s notice.(The new requirement was enacted just two weeks ago, March 24.)
Fear of Loss of Insurance
Mr. Pirro pointed out that in interviewing retirees, they had advised him that many had pre-existing conditions, which if their medical insurance was cancelled by the city, they felt they would not be able to find insurance with another provider.
The city in letters sent out the end of last week to retirees affected said unless the first quarter premium is received by the retiree by July 10, “may result in the cancellation of your health insurance with the City of White Plains.”
Before 1995 Hires in CSEA and Teamsters Protected
Originally, the Mayor’s Office reported to WPCNR that all retirees working for the city before July 1, 1995, would be required to pay 15% of their health insurance premiums.
Thursday afternoon, in checking out reports from retirees who went to work for the city before that day, that they did not have to pay the 15% because they were part of the recent CSEA and Teamsters union contract settlement, WPCNR was told by the Mayor’s Office that this is correct.
As part of the retroactive CSEA and Teamsters contracts, those retirees (hired by city before July 1, 1995) were granted immunity from the 15% hit the police and fire union retirees are taking, in effect, making the police and fire retirees who joined the city before July 1, 1995 taking a direct hit ($1,102 to $2,396 average) on their pension incomes.
The CSEA and Teamster unions, though, by settling with the city agreed to forego most of the negotiated raises in 2008-2009, 2009-10 and 2010-11, and agreed that new employees joining the city henceforth would pay 15% of medical premiums.
It was not disclosed at the time of those settlements that retirees who started working for the city before July 1, 1995, who retired in 2008 or 2009 were not forced to pay the 15% as were their union counterparts in the police and fire ranks.
Pirro informed WPCNR that neither the police nor fire unions have copies of the union contracts in effect prior to mid-1995, the key date the new medical premium requirement works from, and is seeking copies of those contracts from the city. As of Friday, Pirro said the city had not furnished the old contracts.