City of Chicago Retiree Healthcare Program

[cdillon]

Attorney/Client Communication with Participants in the City of Chicago Retiree Healthcare Program




Dear Clients/Participants:





We’re on a very fast-track schedule in the federal Underwood retiree healthcare litigation.





Our motions (1) to certify the case to proceed on a class basis, and (2) for a preliminary injunction, to enjoin the City from changing the terms and rates of the current healthcare program while the case is pending are now fully briefed. Our replies in support of these motions are attached to this email. For a full version of each one with all exhibits, including participants’ statements in support of the injunction, click on our website and download what you wish to look at.





Class Certification





We are asking the court to certify the case to proceed for all participants, with the following SubClasses:




· SubClass 1-Participants as or by 12/31/1987 retirees (the original “Korshak” class)




· SubClass 2-Participants as or by persons who retired before 8/23/1989 (the “Window” or “Jacobson” class)




· SubClass 3-Participants whose service with the City began before 8/23/1989 (“Pre-8/23/1989 hires”)

· Possible SubSubClass 3a-those whose service began before 4/1/1986 (City employment does not qualify for Medicare)

· Possible SubSubClass 3b-hire date 4/1/86 or later (City employment qualifies for Medicare)




· SubClass 4-Participants first hired 8/23/1989 or later.





The logic to this structure is based on the applicable statutes. SubClass 3 are the people whose entitlement is determined prior to the passage of state statute PA86-273, which purports to define all four (Police, Fire, Municipal and Laborers’) healthcare benefits as not protected by the Illinois constitution. Within that subclass, the federal COBRA statute precludes government employees’ service from Medicare qualification if the person was already working for the City on April 1, 1986, but requires Medicare contribution and qualification for those who began April 1, 1986 or later.





SubClass 4 participants for the most part, are challenging the legality of PA86-273’s purported creation of benefits of participation outside the Illinois Constitution’s protection.





Preliminary Injunction





For those who submitted statements for us to use in the Motion, a big thank you from us, and for all of the participants. We received many compelling statements of the sacrifices you’ve all made, as well as the candid descriptions of your current challenges, both health and financial. We had to pick the ones we thought best suited to show the court the need for an injunction, but limit the quantity so the court might actually be able to read through them. We’ve put a lot of time into these briefs, so far; and we hope you’ll read through them, and give us any comments or suggestions.





If we did not submit your statement, don’t think it didn’t have an impact. We’ve read every single one of them, and they helped us to focus on many issues that needed to be addressed; but we wanted to limit the submission to a strategic sampling that presented all the issues in a way that didn’t wind up overwhelming the Court just by quantity. Thank you each one of you. Your submission helped.





Still to Come





Our Response to the City’s Motion to Dismiss the Claims is due Monday October 28, 2013.





The City’s response will be due November 5, 2013, and we’re back before Judge Holderman that morning, so we should then have a better idea on how this will be playing out.





So in short: We’re “out of the blocks” and rounding the first turn (for a track and field metaphor),


but not out of the woods, by a long way.


And as you all know, we’re in Chicago, not in Kansas; and this is not beanbag.





In the Meantime





If you have questions, please email us if possible, rather than calling. We can and do respond to the emails pretty quickly, and it reduces the time diverted from briefing.





Thank you to all who have contributed. If you wish to make another contribution to the cause, it will be appreciated.





Regards,





Clint





Clint Krislov


Krislov & Associates, Ltd.


Civic Opera Building, Suite 1300


20 North Wacker Drive


Chicago, Illinois 60606


Telephone: 312-606-0500


Facsimile: 312-606-0207


Website: www.krislovlaw.com


Email: clint@krislovlaw.com











Attorney/Client Communication with Participants in the City of Chicago Retiree Healthcare Program




Dear Clients/Participants:





We’re on a very fast-track schedule in the federal Underwood retiree healthcare litigation.





Our motions (1) to certify the case to proceed on a class basis, and (2) for a preliminary injunction, to enjoin the City from changing the terms and rates of the current healthcare program while the case is pending are now fully briefed. Our replies in support of these motions are attached to this email. For a full version of each one with all exhibits, including participants’ statements in support of the injunction, click on our website and download what you wish to look at.





Class Certification





We are asking the court to certify the case to proceed for all participants, with the following SubClasses:




· SubClass 1-Participants as or by 12/31/1987 retirees (the original “Korshak” class)




· SubClass 2-Participants as or by persons who retired before 8/23/1989 (the “Window” or “Jacobson” class)




· SubClass 3-Participants whose service with the City began before 8/23/1989 (“Pre-8/23/1989 hires”)

· Possible SubSubClass 3a-those whose service began before 4/1/1986 (City employment does not qualify for Medicare)

· Possible SubSubClass 3b-hire date 4/1/86 or later (City employment qualifies for Medicare)




· SubClass 4-Participants first hired 8/23/1989 or later.





The logic to this structure is based on the applicable statutes. SubClass 3 are the people whose entitlement is determined prior to the passage of state statute PA86-273, which purports to define all four (Police, Fire, Municipal and Laborers’) healthcare benefits as not protected by the Illinois constitution. Within that subclass, the federal COBRA statute precludes government employees’ service from Medicare qualification if the person was already working for the City on April 1, 1986, but requires Medicare contribution and qualification for those who began April 1, 1986 or later.





SubClass 4 participants for the most part, are challenging the legality of PA86-273’s purported creation of benefits of participation outside the Illinois Constitution’s protection.





Preliminary Injunction





For those who submitted statements for us to use in the Motion, a big thank you from us, and for all of the participants. We received many compelling statements of the sacrifices you’ve all made, as well as the candid descriptions of your current challenges, both health and financial. We had to pick the ones we thought best suited to show the court the need for an injunction, but limit the quantity so the court might actually be able to read through them. We’ve put a lot of time into these briefs, so far; and we hope you’ll read through them, and give us any comments or suggestions.





If we did not submit your statement, don’t think it didn’t have an impact. We’ve read every single one of them, and they helped us to focus on many issues that needed to be addressed; but we wanted to limit the submission to a strategic sampling that presented all the issues in a way that didn’t wind up overwhelming the Court just by quantity. Thank you each one of you. Your submission helped.





Still to Come





Our Response to the City’s Motion to Dismiss the Claims is due Monday October 28, 2013.





The City’s response will be due November 5, 2013, and we’re back before Judge Holderman that morning, so we should then have a better idea on how this will be playing out.





So in short: We’re “out of the blocks” and rounding the first turn (for a track and field metaphor),


but not out of the woods, by a long way.


And as you all know, we’re in Chicago, not in Kansas; and this is not beanbag.





In the Meantime





If you have questions, please email us if possible, rather than calling. We can and do respond to the emails pretty quickly, and it reduces the time diverted from briefing.





Thank you to all who have contributed. If you wish to make another contribution to the cause, it will be appreciated.





Regards,





Clint





Clint Krislov


Krislov & Associates, Ltd.


Civic Opera Building, Suite 1300


20 North Wacker Drive


Chicago, Illinois 60606


Telephone: 312-606-0500


Facsimile: 312-606-0207


Website: www.krislovlaw.com


Email: clint@krislovlaw.com