The bill noted that after the closure of NYC OTB on December 7, 2010, employees who had retired from the corporation were assured they and their dependents would receive health insurance and supplemental benefit coverage under their collective bargaining representative’s welfare benefit program. However, those benefits ceased upon closure of NYC OTB.
According to Addabbo, the State breaking a promise to supply benefits to retired NYC OTB employees and their dependents was one of the many reasons why he voted in favor of this bill and helped sought its passage.
“With the Senate’s commitment to provide health insurance and supplemental benefits to retirees of NYC OTB, the State is reaffirming its commitment to provide due benefits and recognition to former workers and families of NYC OTB. No one should have to endure financial hardships and choose which benefits to leave behind,” said Addabbo.
Former employees received supplemental benefits such as prescription drugs, optical and dental insurance through welfare fund benefit plans funded through employer contributions. Upon benefits ceasing to exist with the closure of NYC OTB, retirees were left to determine which prior benefits they could attain without employer contributions.
Addabbo noted it was illogical how benefits ceased to exist with plans in place to continue funding of benefits for retirees. “This bill is long overdue, and I am proud to stand with my Senate colleagues to provide for all present and future retirees the entitlement of benefits from any city-authorized health insurance or welfare benefit program,” he explained.
Under the proposed measure, the State would have reimbursed the city or its designee for the actual cost of benefits. Ultimately, the bill was vetoed by Governor Cuomo.
"I had written an August 10 letter to the Governor stating that I would be prepared to make additional appropriate budget cuts in spending or seek to further eliminate wasteful allocations in order to absorb the cost of S4489/A5785. I stand with the union members of DC 37 Local 2021 and Teamsters Local 858, who speak for the NYC OTB retirees now in crisis, who cannot continue monthly (COBRA) premiums, which exceed their monthly pension income," stated Senator Addabbo.
"Many of the 900 retirees, unwell and aging but who do not satisfy Medicare age requirements, are in the hospital and under unmanageable stress over how to pay their medical bills. Ineligible to enroll in Medicare, retirees have considered enrolling in Medicaid, only to be told that the average OTB retiree monthly income is slightly higher than the 2011 Medicaid monthly income guideline of $1,410.83 for a family of two. Once again, those retirees were ineligible for Medicaid. So today, these NYC OTB retirees are lying in hospital beds uninsured, through no fault of their own."
Addabbo continued by stating, "I'll fight along with the unions as we next propose a budget amendment, as soon as possible, to dispel the governor's concern that a lack of funding by the legislature to pay for the OTB health benefit was the reason he vetoed the bill. Expect to see the return of this OTB health bill in some form when the Senate convenes early next year. Until we get it right the next time, all OTB retirees under age 65 are between a rock and a hard place. No one should have to endure financial hardships and choose which benefits to leave behind.
"Dear Editor,
His tactics have proven that he is not the man that he claims to be. Quite the contrary, he is another typical politician who has decided to jump-ship at the first sign of inclement weather -- as he had done when he was the Department of Housing and Urban Development (HUD) secretary and spear-headed its irresponsible housing policies, which caused the 2008-2009 Great Depression.
Governor Cuomo is responsible for sending middle-class Americans, to the state Medicaid office, which slammed its door in OTB retirees' faces because their pension income was $9.17 more, than the Medicaid income guideline for a family of two.
Mayor Bloomberg and Governor Cuomo have done a sterling job running middle-class citizens out of town, with nothing more than the shirts on their aching-backs. At the present time, NYC OTB retirees under age 65 are left high and dry, without health benefits.
Too young to enroll in Medicare and exceeding Medicaid income guidelines, OTB retirees have been hung out to dry, in sub-zero weather, and nobody seems to care. What else can I say?"
Image courtesy of nysenate.gov
10 comments:
The human-law is the hope of the people, for it is the avatar of social and economic justice.
It is about time that someone had the conscious volition to speak-out concerning the disaster that had befallen OTB retirees. Although there are retirees' deeply hurting today, I do not hear Dc37 or Teamsters Local 858 dignitaries voicing their outrage regarding the termination of OTB retirees health benefits to City Hall or Albany. Other than Dc37 high ranking officials complaining that they have not received a pay-raise this year, all is quiet.
On November 3rd, the New York City Retiree Health and Welfare Fund added insult to injury. The Welfare Fund mailed (COBRA) application forms--without return envelopes--to OTB retirees. The New York City Retiree Health and Welfare Fund benefits will cost OTB retirees an additional $143.20 a month for prescription, optical, and dental benefits.
Since journalist Upton Sinclair penned his novel "The Jungle" portraying the life of the immigrant in the United States, people have had to fight, tooth and nail, for economic justice. The past 50 years have not been without pain and sacrifice. Let not organized-labor become too complacent about its past and forfeit its future. Do not permit City Hall and Albany to permanently terminate OTB retirees, hard earned, health insurance benefits. (Support OTB health legislation S.4489.)
I read an interesting human interest story on the web today. The title of the story is: Off Track Benefits. The protagonists in the story are Lillian and Bruce, but they could be anyone of the 900 New York City OTB retirees, who lost their health benefits, when the New York City OTBC was closed on December 7th, 2010.
The article informed the reader about Lillian, a woman age 63, who fainted and fell to the floor of her Oakland Church. The church nuns saw Lillian laying on the church floor and called for an ambulance. The ambulance arrived at the church, within minutes, after the call had been received. When the ambulance arrived, Lillian refused to to get into it. Her reasoning was that her medical benefits are terminated, and that she cannot afford to pay for hospital medical treatment.
Bruce, age 60, is in a different position. He is paying for (COBRA) health insurance. (COBRA) health insurance continued his health insurance coverage, which paid for his blood tests, checkups and prescription drugs--so that he could treat his diabetes. Bruce is convinced that he is one of the lucky ones. He is single, and pays for the (COBRA) individual health plan. His fellow retirees have to pay higher (COBRA) insurance premiums because they are married and pay for the family plan, which cost considerably more than the (COBRA) individual plan.
Continuing to pay for his health benefits is quite a struggle for Bruce. Soon he will have to either borrow money to continue to pay for his health insurance, or do without his health benefits, which are necessary to maintain his health and control his diabetes. Even if he could continue to pay for his health insurance, Bruce's(COBRA) health insurance is limited up to 18 months. When Bruce's (COBRA) insurance expires, in 2012, his health insurance cost will significantly-increase. Bruce is a 60 year old, medically challenged individual, and cannot enroll in Medicare for 5 years. What will he do when his (COBRA) health insurance expires in 2012--sound familiar?
Rehashing the whole situation concerning the OTB health benefits catastrophe is unquestionably counter productive, at this time.
The gist of the matter is this: OTB retirees and their dependents have no health benefits, thanks to Mayor Michael Bloomberg, former Governor David Paterson, and Governor Mario Cuomo; the termination of OTB retirees' health benefits is morally reprehensible, by anyone's sense of right or wrong. Many OTB retirees' are refusing urgent medical care because they do not have health insurance; and they cannot afford to pay for a doctor, or hospital benefits. Something has to be done now, not tomorrow, to help these retirees' manage their health care expenses and to cope with this dreadful situation. The solution to this problem is doable.
The establishment of an emergency fund to pay for the OTB health benefits should be established, immediately. The emergency-fund could pay for the OTB retirees' benefits, until the Senate reconvenes, early next year. This action would have a two-fold benefit. The first benefit would be to stop the mental-anguish, OTB retirees are battling daily. The second benefit would be that this fund could begin to pay for the retirees' health insurance, now. Removing the uncertainty of forfeiting on health insurance premiums would be a significant help to OTB retirees and their dependents (in this uncertain economic climate).
The emergency fund would be a life-line for OTB retirees' and give the Senate ample time to draft a revised health bill (without a loophole), which would satisfy Governor Cuomo, who in the past, commented that the original health legislation was flawed. With due diligence, the Senate can resolve this horrible situation, amiably.
John Doe and Mary Doe, the names of the people are not relevant. What is noteworthy is the attitude of New York City and New York State toward OTB retirees. This past year, the shenanigans exhibited by Mayor Bloomberg and Governor Cuomo were unethical, to say the least. Their past actions speak unfavorably about their sense of right and wrong.
The shenanigans began when Mayor Bloomberg moved the New York City OTBC to the domain of former Governor Paterson, who appointed a committee stacked with political hacks, who were clueless in regard to basic business principles. Thereby hangs A Tale of Two Cities. Once upon a time, New York City, decided to go to kangaroo-court. The court was replete with judges, who knew nothing of their duty. Possibly, unaware of the fact that New York City and New York State were in cahoots, the judges voted 'no' for the little-guy and 'yes' for the big-guy, par for the course.
As the story unfolds, OTB big-wigs simulate the New York City OTB Restructuring Plan, to satisfy the predetermination of several senators. Eager to dissect the ill-OTB and leave its remaining pieces to the New York Racing Association, the senators voted no. The plan, proposed by the protagonists, was to move the OTB, out of the picture, and its retirees' to the Netherworld. Thus, with the OTB out of the picture and the welcome mat placed directly at the front door of the Aqueduct Racino, unsuspecting patrons are welcome to partake in the activities underway. Not aware that horse-players bet on horse-races, not slot-machines, elected officials threw $750 million to 'The Boys' with funny-faces and flat-noses, who are more than willing to harvest the fruits of the fertile fields, well fertilized, by New York's elected officials.
In a nut shell, the melange of elected officials, political hacks, and beholding judges completed the plan. Some people say that the plan was a successful execution venture. Other people say that the plan was irresponsible and self-serving. Time will tell, as the plot thickens, if this continuation story is predictable, or not. Either way, when this story comes to its rousing climatic finish, it will be interesting to see who remains to pick up the pieces.
People speculate that justice will prevail, eventually; other people do not share that eternal optimism. There is more than meets the optic-nerve of the human eye, concerning the OTB saga. Though the plot has yet to be determined, it is obvious that innocent-people are hurting.
Men, women and children, of all races and religions, all pawns in this catastrophe ask: Why is this nightmare allowed to continue, unremittingly? There is no answer to this question, other than, a total lack of human-caring, by elected-officials.
When people write earnestly about human exploitation and elected officials, their words impact the readership. People who cannot put into words their pains and sorrows appreciate meaningful words.
Thanks for the published essays on this web site. Essays inspiring universal justice and unwavering devotion influence the human heart and mind. The media is obligated to expose the misdeeds of elected officials, who govern unconscionably.
As fellow human beings, we must be concerned about the welfare of disadvantaged people, young and old alike.
The New Year is three weeks away, yet the unfortunate circumstances affecting countless retirees in New York City remain unchanged.
Although modern medicine can work miracles, it is unlikely that OTB retirees under age 65, can experience the benefit of its modern day marvels. The above stories are intriguing. I am a New York City OTBC retiree. The health benefits termination dispute is effecting me dramatically.
I am not willing to write my story as precisely as the above writers; I choose to illustrate my hardships in a creative writing style, with the infusion of allegory and humor. But rest assured, I write about a verifiable experience that can be supported by medical-documentation.
Experiencing dizziness, when walking down the street, I noticed that the sidewalk was moving from the right to left direction. This abnormality caused me to bump into the person to the left-side of me. Although afflicted with this disability, it is not my intention to expound, unnecessarily, on this problem in greater detail. My only intention is to bring to light that when a person is ill, without health benefits, a doctor's visit is not an option. Therefore, I attempted to diagnose the cause of my dizziness.
I am not sitting at a computer solely to write about my physical condition. I am sitting at a computer to write about the cause and effect, of my disability. My problem became evident whenever I would sit at a computer and type words. My ability to hit the A-key on a computer keyboard was impossible; I would frequently miss the A-key and hit the Z or Q key. I did not think seriously about my finger misdirection until, I had become aware that this was not a one-day occurrence. My finger would miss its intended target on a daily basis. I understood that my aim was inaccurate; so, I thought reluctantly that I should go to the doctor's office for a check-up, despite the fact that I did not have health benefits ( thanks to City Hall ).
The doctor's report was favorable: My inability to cope with stress was the cause of my dizziness. After consultation with the doctor, the doctor's secretary handed me the doctor's bill, which totaled $1050.00 for a blood-test and other medical odds and ends. It was at that time, I experienced dizziness. Asked to sit, by the doctor's assistant,I sat slumped in a leather chair until the dizziness abated.
My dizziness caused by poor stress management--triggered by thoughts concerning the termination of my health benefits--was the official medical diagnosis. I did not agree with the doctor's medical findings. Nevertheless, when I looked at the doctor's bill, a second time, my dizziness returned. When my dizziness returned, the nurse took my blood-pressure; my blood-pressure increased substantially from normal to high. Therefore, the doctor's diagnosis was confirmed. The thought of health insurance termination is causing my dizziness ( To be continued ).
"The best laid plans of mice and men often go awry." A maxim from the Robert Burns poem, 'To a Mouse,' the motto summarizes this thought: No matter how carefully a planned project, something may still go wrong with it."
The Supreme Court, Appellate Division, issued a puzzling decision in the Roberts v. Paterson lawsuit, May 26, 2011. The Supreme Court ruled for the defendant, David A. Paterson. Continuing to puzzle New York City OTBC retirees, is the fact, the judge issued that decision without addressing the key-issue: What was the intent and duration of New York City OTBC retirees' health benefits? The failure of the court to address that issue is causing NYC OTBC retirees' to raise their eyebrows, in skepticism.
In 1983, UAW v. Yard-Man, Inc., the United States Court of Appeals, Sixth Circuit, relied on employee expectations, to verify that the parties to the (UAW, Local 134) collective bargaining agreement intended retirees health benefits to 'vest.' The Yard-Man lawsuit challenged the 'notion' that retirees health benefits terminate, with the collective bargaining agreement. Unions argued that retiree health benefits are lifetime benefits, limited only, by the lifetime of the retiree.
At trial, the employer said that the contract terms clearly limit the health benefits, to the life of the collective bargaining agreement. The union maintained that the collective bargaining agreement language was evidence of intent, to provide lifetime health benefits. The District-Court ruled for the (UAW, Local 134) retirees. The United States Court of Appeals, Sixth Circuit, affirmed the District-Court's decision ( the retirees' health benefits vested; and, therefore, lifetime benefits).
Forward this information to Mayor Bloomberg, Michael Cardozzo, and Governor Cuomo for comment.
The time has come for lawmakers to send a revised NYC OTB healthcare bill to Governor Cuomo.
Senator Joseph Addabbo informed the media that the NYC OTB healthcare bill will be entering a revision process, and when the revision process has successfully been completed, the bill will be returning to the governor for signage into law, as early as January, 2012.
It is obvious that this dispute is about where the money is to come from to pay for the healthcare benefits, not OTB retirees entitlement to healthcare benefits.
Governor Cuomo's office admitted that OTB retirees' are entitled to health benefits; after, the governor vetoed the healthcare bill; because, the bill contained no money to pay for the cost to maintain those benefits.
Prior collective bargaining agreements contain language confirming that the parties who signed earlier CBAs intended that the healthcare benefits vest.
Consequently, the healthcare benefits are lifetime benefits and should not have terminated.
Thus, it is just that NYC OTB retirees' health benefits be fully reinstated from May 27, 2011 until bill passage.
Modifying and terminating retiree healthentsy benefits without determining whether or not the benefits vested is a travesty of justice. Reading the Appellate Division, First Department decision, the Court had determined only that the City should not be forced to pay for retirees' health benefits because, the bankrupt NYC OTBC no longer contributes money, to pay for those benefits. The Appellate Division never addressed the issue of whether or not, the benefits had vested.
The crux of the Roberts v Paterson litigation hinges on whether or not, the health benefits vested; the City's obligation to pay for those benefits is dependent upon the benefits status.
Allowing, the media and the City, to sidestep the "benefits status" issue entirely is astounding and, needs to be redressed.
The City's attorney, Michael Cardozzo, said that " the duty to pay for the benefits rested with the OTB," and that "there was no requirement for the City to 'bailout' the State or the OTB without the assurance of repayment. Mr. Cardozzo concluded that the situation was unfortunate and called on the State, to protect OTB retirees, from losing their benefits. Mr. Cardozzo never mentioned the benefits status.
The issue of "benefit status" is a topic that neither Mr. Cardozzo nor the Appellate Division, First Circuit, had intended to address because the time required to verify that issue was more than they had been willing to expend. Lingering undetermined, this litigation, has been a side-show so far.
Obtaining any creditable information as to why, New York City OTB retirees' health benefits terminated is like looking for a needle in the haystack. But what little information can be obtained amounts to a collage of inconsistencies which, thus far, have been brushed aside by the media.
The approved state budget not including health insurance continuation for 900 OTB retirees' is a human betrayal (especially, after Governor Cuomo, pledged that he would support a restoration provision if a clear funding source was included in the budget).Speculations, why, the funding was removed from the budget, change. One speculation is that the Governor had slipped the funds to a 911 call center, if so, that says a mouthful regarding the Governor's pledge (little which is praiseworthy). President of OTB Local 2021, Lenny Allen, offered a thoughtful response concerning the Governor's action: "I'm a little disappointed because I had been extremely optimistic that it would be part of a budget amendment." Mr. Allen's words reveal his true sentiments. Obviously he had been hoping for the best possible outcome, but deep down inside, he knew that the spirit of his hopes would be extinguished, once again.
Legislators who have recognized that they have a moral obligation to fix this problem have taken steps in the right direction; but the Governor has not followed in their footsteps. Months have come and gone, but there is no clear sign when this problem will be resolved. Retirees' have been witnessing defeat after defeat, yet they continue to hope and pray that Legislators will eventually correct this wrong and end, once and for all, the human carnage that has been draining the life-blood out of elderly retirees, who only ask that their health benefits be
restored to them.
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