NY State Top court rules NYC retirees can be moved into controversial Medicare Advantage plan
By
Chris Sommerfeldt |
csommerfeldt@nydailynews.com | New York Daily News UPDATED: June 18, 2025
After years of legal battles, Mayor Adams’ administration got a green light from New York’s highest court Wednesday to shift hundreds of thousands of retired municipal workers into a controversial, cost-cutting
Medicare Advantage plan.
The ruling marks the conclusion of a legal battle that started shortly after Adams became mayor in January 2022, when a group of retired city workers
sued his administration over its effort to eliminate their traditional Medicare coverage and shift them into an Advantage plan.
The retirees, concerned the Advantage plan would diminish the quality of their coverage, alleged in their suit the switch violates local administrative law they say requires the city to provide them with traditional Medicare, consisting of the federal program paired with a city-subsidized supplement.
Lower courts have
repeatedly sided with the retirees, barring Adams’ administration from moving forward with the plan.
But Adams’ administration, adamant the Advantage plan would continue adequate coverage for retirees and save the city hundreds of millions in health care costs annually, has appealed the lower rulings, culminating in Wednesday’s decision from the State Court of Appeals, the top jurisdiction in New York.
In a unanimous 12-page ruling, the top court’s seven judges wrote the retirees were actually mistaken in alleging city administrative law prohibits Adams’ administration from moving them into an Advantage plan.
It was not immediately clear how quickly the city would be able to move on the change or if the plan could fall to the wayside should a new administration be elected in November. Some members of the City Council are also fighting the Advantage push.
Adams’ term is up Jan. 1, 2026, and he’s facing a difficult path to reelection running as an independent in November’s general election amid continued fallout from his federal corruption indictment.
Ex-Gov. Andrew Cuomo, who’s polling as the favorite to replace Adams,
recently committed to killing the Advantage plan and let retirees stay on traditional Medicare should he be elected mayor.
After the Court of Appeals ruling, Cuomo spokesman Rich Azzopardi said the ex-gov will “review the decision,” but added that his position “hasn’t changed.”
Spokespeople for Adams didn’t immediately return requests for comment.
As they pursued their case, the retirees argued the shift would violate the law because health insurance documents provided to them by the city formed a “promise” of lifelong traditional Medicare coverage in retirement.
But the judges found the paperwork didn’t actually make such a promise.
“It does not rise to the level of a clear and unambiguous promise that the city would pay for
Medigap coverage, as opposed to some other form of health insurance coverage, for the rest of every retiree’s life,” they wrote, referring to traditional Medicare.
To that end, the top court reasoned Adams’ administration can move forward with moving the retirees into the Advantage plan, which will be fully subsidized by the city, but administered by a private insurance provider, Aetna.
The retirees opposed to Advantage have raised concern the private administration of the plan subjects them to serious risk. They have pointed to federal studies finding Advantage plans can result in beneficiaries being denied “
medically necessary” care due to the convoluted pre-authorization protocols used by private insurers.
“While we are disappointed in the ruling by the Court of Appeals decision, the solution to protecting seniors’ healthcare has always been with the City Council and the mayor,” said Marianne Pizzitola, a retired FDNY EMT who runs the retiree group that first brought the suit against Adams’ administration.
“The next Council and mayor need to do the right thing and codify protections for seniors in city law.”
Pizzitola was referring to a bill introduced in the Council that would enshrine in local law that retired municipal workers like cops, firefighters and teachers are entitled to traditional Medicare coverage fully subsidized by the city.
The bill currently has 16 co-sponsors. To pass,
the bill would need support from at least half of the Council’s 51 members, and for movement to happen, it would likely also need sign-off from Council Speaker Adrienne Adams.
“The mayor needs to do right by the retirees,” Speaker Adams said walking out of City Hall on Wednesday, adding the incumbent should reconsider and allow retirees to continue their current health insurance. “All of this is the mayor’s job, and he needs to be responsible for what’s going on with our retirees.”
Like Cuomo, the speaker is running in Tuesday’s Democratic mayoral primary.
Brooklyn Councilman
Justin Brannan, one of the anti-Advantage bill’s co-sponsors who’s running for city comptroller in next week’s Democratic primaries, said the State Court of Appeals ruling means the need to pass the legislation “is more urgent than ever.”
“Let’s be clear: this isn’t just about health care. It’s about whether the city keeps its word to the people who built this city,” Brannan said. “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. I didn’t get into this work to break promises and I sure as hell won’t stop fighting.”
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NY’s highest court sides with city over retirees in Medicare Advantage fight
The court found that retirees aren’t entitled to traditional Medicare. The Organization of Public Service Retirees urged the City Council to pass legislation that would change that.
by Annie Mcdonough, June 18, 2025, The first read
New York state’s highest court
ruled against New York City retirees who have been
fighting for years to block a cost-saving switch to Medicare Advantage health care. The Wednesday ruling reversed
lower court rulings that protected the retirees from what they argued is inferior coverage and a deviation from the benefits they were promised as city workers.
In 2018, the city government, in concert with leaders of major public employee unions, reached an agreement to slash $600 million from the city’s health care spending. The method they eventually agreed upon was switching the city’s 250,000 retirees to Medicare Advantage, an alternative to traditional Medicare that typically comes with lower premiums. In March 2023, Mayor Eric Adams’ administration followed through on that, signing a contract with Aetna to provide a Medicare Advantage plan to retirees, triggering a lawsuit filed by retirees. Retirees have said that the switch would result in smaller networks and more out-of-pocket costs, pointing to reports that the plans
can deny necessary care.
But the Court of Appeals ruling found that the retirees who sued to block the switch to Medicare Advantage were not entitled to their “promissory estoppel” cause of action – the argument that they had been promised traditional Medicare benefits upon retirement over the course of their recruitment and employment with the city.
The ruling deals a blow to the city retirees who have organized to fight the switch –
attracting political supporters and elected officials to their cause along the way. A leader in that fight has been the Organization of Public Service Retirees, led by Marianne Pizzitola. In a statement, Pizzitola said the City Council needs to focus on
passing legislation that would require retirees be entitled to traditional Medicare benefits.
“While we are disappointed in the ruling by the Court of Appeals, the solution to protecting seniors’ healthcare has always been with the City Council and the mayor,” Pizzitola said. “The next council and mayor need to do the right thing and codify protections for seniors in city law.”
Spokespeople for Mayor Eric Adams’ office and the city Law Department did not immediately respond to requests for comment on the ruling.
“I support the retirees in their advocacy to maintain their current health insurance, and not force them into Medicare Advantage,” Council Member Gale Brewer, a co-sponsor of the council legislation,
wrote on X. In a statement sent from his comptroller campaign, Council Member Justin Brannan, who also co-sponsors that legislation, decried the ruling, calling it “nonsense.” “When city workers signed up to serve, they were promised traditional Medicare,” he said. “You don’t get to change the deal after they’ve put in 30+ years.”