Dear LBA Member(s):
The Lieutenants Benevolent Association is now comfortable in advising our members to comply with the request from the NYC Office of Labor Relations to provide verification of eligible dependents. The deadline to provide the proof of eligible dependents is Friday, October 4th. The significant objectionable issues directly related to the NYC Office of Labor Relations Verification of Eligible Dependents Audit, which could have had a negative impact on some of our members, have been rectified.
The “Health Insurance Dependent Verification Audit” the City sent out to employees and retirees was challenged by the Municipal Labor Committee (MLC), because the City failed to negotiate with the MLC over certain mandatory subjects of collective bargaining. The MLC obtained a Temporary Restraining Order from the New York State Supreme Court against the City prohibiting further implementation of the Audit. Thereafter the City and the MLC met and an Agreement was achieved to permit the Audit to continue under the following conditions:
* The deadline to provide proof of eligibility of dependents must be submitted by October 4, 2013. This was extended from September 20, 2013.
* If an employee or retiree self reports dependents who must be removed by October 4, 2013, that employee or retiree will not be subject to:
* Recoupment of monies from premiums or claims incorrectly paid; or
* Disciplinary charges.
* If an employee or retiree submits proof of dependent eligibility by the October 4, 2013 deadline and their dependent's eligibility is denied, there is a three step appeal process that ends with an expedited arbitration. During the appeal process no dependent will lose coverage. If after the appeal process, a dependent is ultimately deemed ineligible the City has indicated that it would not seek recoupment when there was reasonable disagreement or a misunderstanding(s) to eligibility.
* Further, the confidentiality and privacy of the proof that is submitted is protected in that once the proof is accepted it will be destroyed and the City's consultant will verify the destruction of the submitted proof. If there is any breach of confidentiality or privacy the MLC, the individual or his/her employee representative will have a right to file a lawsuit against the City's consultant or its subcontractors that will be receiving the submitted proof.
* In addition, the City will support legislation that will ensure no criminal charges will be brought against any employee/retiree if that employee/retiree self reports dependents who must be removed by October 4, 2013.
Once the Agreement is fully executed by the City, the MLC, and the Board of Collective Bargaining, it will be submitted to the Court to order the settlement.