You are here: / / MUNICIPAL RESOLUTION DID NOT CREATE A VESTED CONTRACTUAL RIGHT TO HEALTH...
,

MUNICIPAL RESOLUTION DID NOT CREATE A VESTED CONTRACTUAL RIGHT TO HEALTH INSURANCE BENEFITS FOR RETIRED TOWN EMPLOYEES (SECOND DEPT).

The Second Department determined a 1983 municipal resolution health insurance for non-union town employees did not create a vested contractual right for continued benefits. Therefore the 2012 reduction of the town’s contributions to the retirees health insurance was valid, although the contributions could not be reduced below the levels mandated by the Civil Service Law:

​

“A municipal resolution is, in general, a unilateral action that is temporary in nature and, thus, does not create any vested contractual rights” … . Nothing in the language of the October 13, 1983, resolution indicates that the Town intended to create a contractual or vested right … . Moreover, the appellants failed to submit any evidence, beyond the resolution, of a right to retirement health insurance benefits … .

Additionally, the Supreme Court properly found that the Town was not barred by the doctrine of promissory estoppel from reducing the appellants’ retirement health insurance benefits … . To establish promissory estoppel, a party must prove a clear and unambiguous promise, reasonable and foreseeable reliance by the party to whom the promise is made, and an injury sustained in reliance on that promise … . Here, even assuming the appellants proved a clear and unambiguous promise, they failed to establish reliance thereon … .

However, the Supreme Court erred in determining that the Town was not required to contribute any amount for the retirement health insurance benefits of former Board members who retired prior to July 1, 2012. Civil Service Law § 167(2) provides, in relevant part, that participating employers, such as the Town, are required to contribute 50% of the cost of premiums for retired employees, and 35% of the cost of coverage for their dependents. … [T]he Town may not reduce its contribution rates below the legally mandated minimums … . Matter of Weaver v Town of N. Castle, 2017 NY Slip Op 05960, Second Dept 8-2-17

 

MUNICIPAL LAW (HEALTH INSURANCE, MUNICIPAL RESOLUTION DID NOT CREATE A VESTED CONTRACTUAL RIGHT TO HEALTH INSURANCE BENEFITS FOR RETIRED TOWN EMPLOYEES (SECOND DEPT))/EMPLOYMENT LAW (MUNICIPAL LAW, HEALTH INSURANCE, MUNICIPAL RESOLUTION DID NOT CREATE A VESTED CONTRACTUAL RIGHT TO HEALTH INSURANCE BENEFITS FOR RETIRED TOWN EMPLOYEES (SECOND DEPT))/HEALTH INSURANCE (MUNICIPAL LAW, EMPLOYMENT LAW, MUNICIPAL RESOLUTION DID NOT CREATE A VESTED CONTRACTUAL RIGHT TO HEALTH INSURANCE BENEFITS FOR RETIRED TOWN EMPLOYEES (SECOND DEPT))

You might also like
IN A FORECLOSURE ACTION THE BANK MUST PROVE COMPLIANCE WITH RPAPL 1306 WHICH REQUIRES PROOF PAPERS WERE FILED WITHIN THREE BUSINESS DAYS OF MAILING THE RPAPL 1304 NOTICE OF DEFAULT; HERE THERE WAS NO PROOF WHEN THE RPAPL 1304 NOTICE WAS MAILED, SO THE PROOF OF COMPLIANCE WITH RPAPL 1306 WAS INSUFFICIENT (SECOND DEPT).
Criteria for a Valid Warrantless Search of a Home Pursuant to the Emergency Exception Described—The Court Noted that One of the Criteria, i.e., that the Police Not Be Primarily Motivated by Intent to Arrest and Seize Evidence, No Longer Applies to Claims Under the US Constitution and May Only Apply to Claims Under the New York Constitution
ATTORNEY WHO DRAFTED THE 2005 WILL APPOINTING THE ATTORNEY AS EXECUTOR WAS REQUIRED TO HAVE THE TESTATOR ACKNOWLEDGE THE TESTATOR HAD BEEN INFORMED THAT FAILURE TO COMPLY WITH THE DISCLOSURE REQUIREMENTS WOULD RESULT IN THE ATTORNEY-EXECUTOR’S ENTITLEMENT TO ONLY ONE-HALF THE STATUTORY EXECUTOR’S COMMISSIONS (SECOND DEPT).
10-Year-Old Plaintiff’s Testimony Should Have Been Considered—No Need for Hearing to Determine Testimonial Capacity
THE RESTAURANT’S INSURANCE POLICY COVERED INJURY INCURRED IN THE OPERATION OF THE “PREMISES” AND THEREFORE DID NOT COVER INJURY CAUSED BY A RESTAURANT EMPLOYEE WHO WAS DELIVERING FOOD BY BICYCLE; IF THE POLICY HAD USED THE WORD “BUSINESS” RATHER THAN “PREMISES,” THE OFF-PREMISES INJURY WOULD HAVE BEEN COVERED (SECOND DEPT). ​
Supreme Court Properly Denied a Motion to Approve a Settlement of a Proposed Non-Opt-Out Class Action—Shareholders Who Objected to the Settlement Were Entitled to Opt Out to Preserve Their Damages Claims
THE NEW JERSEY TRAFFIC ACCIDENT INVOLVED NEW YORK RESIDENTS (PLAINTIFFS), A TRUCK LEASED BY DEFENDANT NEW JERSEY CORPORATION AND THE DEFENDANT TRUCK DRIVER FROM PENNSYLVANIA; NO GENERAL PERSONAL JURISDICTION OVER THE CORPORATION OR THE DRIVER; POSSIBLE LONG-ARM JURISDICTION OVER THE CORPORATION, BUT NOT THE DRIVER, BASED UPON BUSINESS CONDUCTED IN NEW YORK (SECOND DEPT).
TENANT DID NOT DEMONSTRATE IT DID NOT EXACERBATE THE CONDITION OF THE SIDEWALK BY ITS EFFORTS TO REMOVE SNOW AND THE PROPERTY OWNER AND MANAGER DID NOT DEMONSTRATE THEY DID NOT HAVE CONSTRUCTIVE NOTICE OF THE CONDITION, DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT IN THIS SLIP AND FALL CASE SHOULD NOT HAVE BEEN GRANTED (SECOND DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

ONE DEFENDANT ENTITLED TO HOMEOWNER’S EXEMPTION, THE OTHER DID NOT EXERCISE... MUNICIPALITY CAN BE LIABLE FOR NEGLIGENT MAINTENANCE OF A DRAINAGE SYSTEM, NUISANCE...