The court picked those claims apart, asserting that the city’s annual HR materials summarizing health insurance options “contain nothing that could be construed as a clear and unambiguous promise of Medicare supplemental insurance coverage for life.”
Wrote Troutman: “Absent a clear and unambiguous promise, any possible promissory estoppel claim must fail.”
The case has its roots in deals made with public sector unions and former mayor Bill de Blasio as a means to secure more than $600 million in annual savings, dollars directed to a union health care stabilization fund that covers some premiums for active city workers and some retirees. As the saga has played out in court, that fund has run dry, and in April the unions sued the Adams administration over the issue.
The NYC Organization of Public Service Retirees filed suit in May 2023 to stop the switch. That summer, Manhattan Supreme Court Judge Lyle Frank sided with the group and ordered the Adams administration to stop the switch. Jake Gardener, an attorney for the retirees, said that they intend to appeal Wednesday’s decision.
Marianne Pizzitola, president of the retiree group, said in a statement that members are “disappointed” by the decision and urged city lawmakers to push for legislation that would stop the switch. A pending bill in the City Council, Intro 1096, would require city government to provide traditional Medicare to retired city employees.
“The solution to protecting seniors’ healthcare has always been with the City Council and the Mayor,” said Pizzitola. “The next Council and Mayor need to do the right thing and codify protections for seniors in City law.”
A City Hall spokesperson did not immediately respond to a request for comment about the Court of Appeals’ decision.
Council Speaker Adrienne Adams, who is running for mayor, told THE CITY that she believes the ball is in the mayor’s court.
“I feel the way that I’ve felt since day one, with the court, that it’s the mayor’s job. All of this is the mayor’s job, and he needs to be responsible for what’s going on with our retirees,” said the Speaker. “The mayor needs to do right by the retirees.”
The retirees’ group packed the Court of Appeals’ courtroom in Albany last month as the seven-judge panel heard final arguments in the case.
The ongoing saga has struck a nerve in this year’s Democratic primaries. The switch to Medicare Advantage is supported by many of the city’s major unions, which have vowed all-out war against lawmakers running for re-election who support the Council bill championed by Pizzitola and her group. The unions oppose that bill because they say it infringes on their collective bargaining rights.
The prime sponsor of Intro 1096, lower Manhattan Council member Christopher Marte, pushed back on the speaker’s assertions that the matter is solely the mayor’s responsibility and urged his colleagues to pass his bill: “For decades, the Council has legislated on retiree health benefits — not the courts, not the unions, and certainly not the Mayor.”
And the retiree group has waged a scorched-earth campaign against three candidates who have not signed their anti-Medicare Advantage petition. Pizzitola has accused Speaker Adams, along with state lawmakers Zohran Mamdani and Zellnor Myrie, of being beholden to their endorsement by District Council 37, the city’s largest municipal workers’ union and a major champion of the switch.
Mamdani has said he opposes the switch on principle, and Speaker Adams told THE CITY on Wednesday that the mayor should “absolutely” allow the retirees to preserve their current health insurance.
And both Democratic candidates for Comptroller — Brooklyn Council member Justin Brannan and Manhattan Borough president Mark Levine — sparred over the issue in a June 10 televised debate. Brannan called Medicare Advantage a “scam” and said he supports efforts to block the switch, while Levine declined to say whether he would move forward with the plan as Comptroller and that he would make a decision “based on the facts.”
On Wednesday, Brannan, who chairs the Council’s budget committee, said in a statement that the Court of Appeals’ decision was “nonsense” and vowed to continue pushing to legislation that would block the city from changing retirees’ health care.
“I’m not going to shrug and treat this ruling as the end of the story just because a court said it’s legal. Legal doesn’t mean right,” said Brannan. “I didn’t get into this work to break promises and I sure as hell won’t stop fighting.”
Additional reporting by Mia Hollie.