The NY Appellate Division Third Department reversed its own prior ruling of November 25, 2015 holding that NYSHIP's policy memorandum concerning negotiated buyout benefits for health coverage is null and void. This is a significant victory by NYSUT.
While the state could appeal the Appellate Court decision to the Court of Appeals Second Curcuit, the court has not generally accepted cases on appeal from the Appellate Courts where a unanimous decision is reached at the Appellate level.(which was the case in this matter)
We are hopeful that this matter can be put to bed, allowing employees waiving coverage with other NYSHIP coverage, to receive the appropriate waiver payment.
We will keep you apprised of the developments.
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