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New York Court of Appeals Clears Shift of City Retirees to Medicare Advantage

The unanimous decision rejected retirees’ promissory estoppel claim by finding no clear promise of lifelong traditional Medicare.

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Overview

  • The seven‐judge panel unanimously overturned lower court injunctions and ruled that moving roughly 250,000 municipal retirees into a privately administered Medicare Advantage plan complies with city law.
  • In a detailed opinion, judges found that annual HR summaries did not constitute a “clear and unambiguous promise” of lifetime supplemental Medicare coverage.
  • The Advantage plan, administered by Aetna and fully subsidized by the city, is projected to save New York City hundreds of millions of dollars in health‐care costs each year.
  • A pending City Council bill, Intro 1096, would mandate traditional Medicare coverage for retired city employees and could derail the administration’s implementation.
  • The ruling has heightened political stakes in the mayoral and council races, with major unions split over the plan and lawmakers pressing for stronger retiree protections.