Retiree Win
Some very good news for the retirees:
- Judge Cohen just made his decision regarding Retiree Healthcare. He said that Retiree Healthcare is a Constitutionally protected right and the City cannot walk away from Retiree Healthcare.
The City's motion to dismiss was denied as well.
Judge Cohen will release his written decision on December 11, 2015.
Now, can the retirees expect some refunds for the out-of-pocket they were saddled with?
Labels: general
36 Comments:
Is Rahm going to make the pension payment?
FOP and the retiree associations funded this with little help from the firemen, labors, and municipal employees. The Sgt and Lt's gave almost nothing either. I guess they didn't want to piss off the mayor. The courtroom was packed with a bus loaded with people that came from the FOP hall. If the city losses too big on 11 Dec 15 look for them to appeal all the way to the Illinois State Supreme Court to prolong the battle as long as possible.
I'm confidant in the ISSC and Bob Thomas. Got to love those 85 Bears.
Praise the Lord! This is certainly an answer to prayer.
We can expect an appeal in 35 days. More buses with clean undercarriage are on the way.
I love seeing Rahm get bitch slapped by the courts!
How about raising the minimum retirement age to 55?
Outstanding!!!! THANK YOU Judge Cohen! Hey Rahm, suck it, you nine fingered dwarf.
Can bankruptcy for Chicago be far off? Rahm will find a way to screw you out of your benefits.
I suppose that I will have to wait and read the decision myself, but, based on the information that you, SCC, has, can you answer the following question?
Does this ruling apply only to the sweetheart 55 and out deal or does it also include we retirees who are not part of that group? Those of us who retired before the age of 60 and paid premiums to continue the city sponsored BCBS insurance until we hit Medicare age and then it became the secondary insurance that we have been told will stop at the end of 2016. This is a question for SCC since they know enough about the decision to write this post.
If you don't know, you don't know, but please respond.
How does this affect us retirees who purchase our Medicare Supplement insurance via the city's group plan? The city stated that effective Jan 1 2017 they will not be offering this group coverage anymore. The cost for spousal dependent coverage is high and a lot cheaper in the open market.
I hope Rahm choked on his latkes when he got that news
We always have to support those who can, but won't work.
Refunds? You bet. How about upholding the contract I signed in 1989 that stated that I would receive free healthcare when I retire? I thought that retiree rights were deemed not to be collectively bargained.
I wrote earlier with the question of whether ALL healthcare issues were resolved by this court decision.
After read ing the decision on the FOP website, I question whether all retiree benefits are addressed by this court decision.
Page 10 of the order:"plaintiffs contend there is an argument that the rates set forth in the 1989,1997,and 2003 amendments cannot be diminished or impaired. Plaintiffs, however, fail to develope this argument. Furthermore, the court disagrees that such an argument is valid".
The next paragraph goes on to state that since these agreements were time limited, that there is nothing to diminish or impair.
Page 14, Conclusion:Count I states a cause of declaritory relief as to the funds'obligations under the 1983 and 1985 amendments, but fails to state a cause of action for declaritory relief as to the city's and funds' obligations under the 1989, 1997, and 2003 amendments to the Illinois Pensio Code".
The 1983 and 1985 amendments are written in stone since there was an offer, acceptance, and consideration that had NO time limitations.
Apparently 89, 97, and 03, offer no such protections beacause there were time limitations put in place.
I'm no lawyer but I know how to read. I hope I missed something.
The FOP DOES have lawyers.
Why couldn't they have put together a simple explanation of the meaning of the decision, as best they understand it, and included it on their website???
I think that, for the most part, we retirees, for the most part, still fucked.
FOP;What say you???
Yes hopefully and not IOU's,wait didn't t they stop paying the lottery winners? It's really a shame the city has to be told what is illegal and to pay up,if citizens decided to do the same there would be penalties,fines and repercussions! That double edged sword is cutting off more greedy digits than Rham expected!
$$$$$$$$$ Has head of finance eddie burke prepared refund checks yet? get them ready sir we could use our money back for Christmas!
It's everyone's fault but rham's. Resign you prick.
Nicely done Judge.
Thank you to Attorney Krislov for all your hard work. I doubt that it's over yet because Rahm will try to appeal this ruling but the end may be in sight. Thank you also to Judge Cohen. A great Christmas gift to all the retirees.
Ret.177
Mr. Mayor, did you forget to send that judge a fish wrapped in newspaper. I thought you were tougher then this!
This sounds as if everyone hired before '89 is entitled to free health care upon retirement, correct?
I'm on medicare. My wife had a few yrs to go so she and my dependant sob will pay 1500.00 starting 1 Jan.16. This is outrageous. It is taking about 30 percent of my pension.
the big thing that's missing is although the city has to offer the health care coverage...at what price? "Aye, there's the rub!"
Congrats. You are going to receive what you were promised everyday for 20+ years, up until the day that you walked out the door that is.
This is one of many reasons you never vote for a democrat. I taught my children this, and you would do well to teach yours the same. They are the enemy of a free and decent people.
FOP;What say you???
******
They say they have been the major funder of the legal battle with everyone else (other unions - Jimmy Ade, Firemen and everyone else) sitting on their wallets. They supply the buses to load out the courtrooms. What have YOU done?
Anonymous Anonymous said...
$$$$$$$$$ Has head of finance eddie burke prepared refund checks yet? get them ready sir we could use our money back for Christmas!
12/04/2015 12:03:00 PM
$$$$$
This was only one of a half a dozen issues. Long way to go yet but a good first step. Look for there to be an appeal after this judge make his full decision final.
Don't look for a 100% win in the end at this level.
The judge's background:
Cohen is the husband of Susan Sher, who served as former Mayor Richard M. Daley’s corporation counsel, then chief of staff to First Lady Michelle Obama. After leaving the White House, Sher returned to the University of Chicago, where she is spearheading the university’s plan to build the Obama Presidential Library in either Washington or Jackson Parks.
"The Sgt and Lt's gave almost nothing either. I guess they didn't want to piss off the mayor."
The all about mes? Who would've thought.
Free healthcare for life is not sustainable. A contract is just that, and can in fact be amended for various reasons. It is not a financial suicide pact.
Until the constitution starts printing money, it's all just a bunch of words.
If this is the same judge Cohen that was out in the Maybrook courthouse, he is the real deal, and a judge worth retaining. He had no problem reading the riot act to coppers who brought in a f'ed up case, but he had even less tolerance to defendants who came in with b.s. He once told a guy in misdemeanor court "You are pleading guilty? No, you are pleading stupid!" Still one of my favorite moments in court after a decade on the job.
I'm totally confused. Is this legal battle about providing free healthcare for retirees and spouses for life, or only up until age 65 at which time one goes on Medicare ? If the final legal decision rules in our favor, then at age 65 does one have to still pay the premiums for the Medicare Supplemental insurance ??
Judge Cohen was a Asst States Attorney back in the 80's. I remember him when he was in Felony Review. He was a no nonsense guy. What I liked about him was when you called him for a charge HE WORKED WITH YOU. When he got a court room he was very diligent in his preparations for the trail. I remember most of the Detectives had a very favorable opinion of him. After he left the Office he went into private practice. I didn't doubt he told someone who took a plea that he was pleading stupid. He did have a sense of humor. Good for him and good for us. Nice going Neil.
I'm totally confused. Is this legal battle about providing free healthcare for retirees and spouses for life, or only up until age 65 at which time one goes on Medicare ? If the final legal decision rules in our favor, then at age 65 does one have to still pay the premiums for the Medicare Supplemental insurance ??
I think you answered your own question. If it is supplemental insurance, why would they have to pay, its SUPPLEMENTAL, that your choice of having it. and I'm not sure about providing health insurance for life. If that was so, why doesn't the city pay your medicare premiums. Because they only pay for health insurance until you reach medicare age and if you CHOOSE to take the supplemental insurance that is your choice
Anonymous Anonymous said...
the big thing that's missing is although the city has to offer the health care coverage...at what price? "Aye, there's the rub!"
12/04/2015 03:31:00 PM
Yup. Illinois is a "Guaranteed Issue" state which means that you can apply and be accepted by any Insurance company offering coverage in Illinois. It's a lot cheaper to cover your spouse via an individual plan of insurance compared to what it costs on the city's group plan. Shop around and compare prices.
Confused said...
I'm totally confused. Is this legal battle about providing free healthcare for retirees and spouses for life, or only up until age 65 at which time one goes on Medicare ? If the final legal decision rules in our favor, then at age 65 does one have to still pay the premiums for the Medicare Supplemental insurance ??
12/05/2015 09:11:00
The full ruling has yet to come down, however, at this point, if you came on the job before 1989, your current BCBS will become your seconday health insurer and you will also keep your drug plan. You will have to pay Medicare some amount of money for part A and B. If you have any amount of Social Security coming your way, the Medicare premium will be deducted from that. You will also have a certain amount taken out of your pension to pay for your new BCBS secondary insurance. Whether you and your wife are both Medicare eligible will also come into play with regards to how much you are billed.
Anonymous said...
"The Sgt and Lt's gave almost nothing either. I guess they didn't want to piss off the mayor."
The all about mes? Who would've thought.
12/04/2015 08:39:00 PM
I am a Lieutenant and I wrote several checks to Clinton Krislov Law at luncheons at Biagio's on Central Avenue. I know many other Lieutenants as well as Sergeants who gave to this cause from their personal funds.
P.S> to that. If you go to any of these luncheons you may hear a pitch from a financial advisor working with the Credit Union to help you with your retirement planning. You may also hear this at Retirement Seminars. CHECK OUT WHAT THEY CHARGE! The one I asked at the "Free Consultation" told me and it was a percentage of my deferred comp account. That percentage would amount to about $4,000 a year or a $350 hourly rate.
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