Nassau CSEA retirees win temporary halt on health insurance change

A state Supreme Court judge has put a temporary hold on a new health plan for retired Nassau employees who said they can't afford the change that resulted from the county's new contract with its largest union.

The employees — former members of the Civil Service Employees Association Local 830 — sued to stop County Executive Bruce Blakeman's administration from moving them from the Empire Plan to the Excelsior Plan on Jan. 1. They won an emergency temporary restraining order on Tuesday.

The plaintiffs argue the health plan negotiated as part of the union's new collective bargaining agreement would cause " immediate irreparable harm" by exponentially increasing their costs for prescription drugs, doctors' visits and therapies for chronic and critical illnesses. 

Peter Bee, attorney for the county, told Judge Conrad Singer that Nassau continues to fulfill its obligation to the retirees by funding 100% of their health insurance premiums and is within its rights to offer a different state health plan. Blakeman declined to comment.

Adam Cohen, attorney for the plaintiffs, said in a statement: "County leaders can still do the right thing by restoring the Empire Plan permanently for its retirees. The difference in cost is minimal and the County should keep its promise to care for these men and women who dedicated their careers to public service.”

Unlike the union's active employees, retirees do not have voting rights and had no input over the change included in the county and CSEA's new contract in August.

Around 500 of an estimated 4,700 CSEA retirees filed suit. Neither the union nor its active members are named in it. CSEA Local 830 President Ron Gurrieri declined to comment. 

Cohen said the Excelsior plan provides CSEA members with less coverage, shifting the cost burden onto retirees even as they continue to pay 100% of the premiums. 

"These are seniors on fixed incomes and they will need to make difficult choices about whether to keep their health care or give up basic necessities," Cohen said. 

It was unclear Tuesday how many CSEA retirees rely on a separate health plan offered by the county as their primary insurance. Cohen confirmed many are eligible for Medicare.  

The overall CSEA contract, which raises wages nearly 25% for 4,200 active employees, costs Nassau about $765 million, according to a September report by the county's Office of Legislative Budget Review. 

Switching all employees and retirees to the Excelsior plan is an estimated cost savings of $230 million and represents 75% of the county's overall savings in the contract, according to the report. 

The cost of allowing retirees to stay on the Empire plan is an estimated $2 million annually, Cohen said. 

Under the Excelsior plan, the county would create a health care reimbursement account and contribute $4,000 annually to offset the differences in co-pay from the Empire plan. Both are part of a state program for public employees. 

Bruce Raskin, 71, of Melville, who worked as a county fire marshal for 25 years, said he and many county employees were told they would keep the benefits that were in place at the time of their retirement. 

"The county had no right to change our benefits after we retired. We took a lower pay in the public sector in order to gain excellent health benefits and retirement benefits — and that's the trade-off — and that's what we were told in an official capacity and in every discussion we've ever had for 25 years," Raskin said. 

By Candice Ferrette

candice.ferrette@newsday.comcandiceferrette

Candice Ferrette covers Nassau County government and politics on Long Island. She has been a reporter at Newsday since 2011.