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Judge dismisses Livermore lab retirees' lawsuit
Transfer of retiree health plan deemed legal
By Suzanne Bohan
Contra Costa Times
Posted: 06/07/2011 03:17:40 PM PDT
Updated: 06/08/2011 06:18:40 AM PDT
A three-year legal battle by Lawrence Livermore Laboratory retirees over medical benefits has sustained a major setback, according to a spokesman for the plaintiffs.
In a lawsuit against the regents of the University of California, four lab retirees argued that UC illegally transferred them into the health care plan of the entity that took over lab management from the university in 2007.
But on May 27, an Oakland judge dismissed the lawsuit.
The four plaintiffs, including a former associate lab director, are deciding whether they'll appeal.
"This is, of course, very disappointing news for the retiree group," said Carl Whitaker, the group's spokesman.
The group asserted that UC promised them lifetime health benefits comparable to other university retirees.
The plaintiffs, along with other lab retirees, pooled $150,000 for legal fees. They'll need another $75,000 to appeal, according to Joe Requa, a former lab computer scientist who has led the legal challenge.
Lawrence Livermore National Security -- a for-profit corporation that includes Bechtel Corp., Babcock & Wilcox Co. and others -- assumed lab management in 2007. Before that, UC had run the lab since its inception in 1952.
About 5,000 Livermore lab retirees and 2,500 spouses and dependents were transferred to the new lab management's retiree health plan. The retirees argue that LLNS's plan is inferior to that of other UC retirees, and that they should be reinstated into UC's plan.
Alameda County Superior Court Judge Frank Roesch disagreed.
The plaintiffs didn't deliver evidence of "a binding contract" guaranteeing them health benefits "equal to those provided to other UC retirees," the judge wrote. Nor was their assertion of major financial injury upheld. Roesch wrote that the switch from one retiree health plan to another isn't "an injury so severe" as to require court intervention.
Charles Robinson, UC's vice president and general counsel for legal affairs, stated in an email that UC "is pleased that the judge acknowledged that the university's transfer of responsibility" for retiree medical benefits "was legal and appropriate."
Nuclear warriors shafted again. Asked by the leaders in DC to dedicate their lives and careers to protecting the country (sometimes at great peril to personal safety and health), and operating in relative anonymity for the entire time, UC (and DOE and LANS and LLNS), with the blessing of the courts, have decided our contribution wasn't worthy of making good on the promises they made to us. They decided that WE UC retirees weren't worth as much as other UC retirees at other campuses, like the professors who teach ridiculous and irrelevant subjects (Sanskrit?). Just imagine what the public reaction would be if the VA reneged on promises to veterans, or if cities reneged on promises to firefighters, police, or even teachers. Why, there would be an outpouring into the streets, protests, and general outrage. But the nuclear warriors? Tough shit, I guess. Maybe we SHOULD have had a union, with a giant PR machine, just like the firefighters, police, and teachers have, after all.
Judge dismisses Livermore lab retirees' lawsuit
Transfer of retiree health plan deemed legal
By Suzanne Bohan
Contra Costa Times
Posted: 06/07/2011 03:17:40 PM PDT
Updated: 06/08/2011 06:18:40 AM PDT
A three-year legal battle by Lawrence Livermore Laboratory retirees over medical benefits has sustained a major setback, according to a spokesman for the plaintiffs.
In a lawsuit against the regents of the University of California, four lab retirees argued that UC illegally transferred them into the health care plan of the entity that took over lab management from the university in 2007.
But on May 27, an Oakland judge dismissed the lawsuit.
The four plaintiffs, including a former associate lab director, are deciding whether they'll appeal.
"This is, of course, very disappointing news for the retiree group," said Carl Whitaker, the group's spokesman.
The group asserted that UC promised them lifetime health benefits comparable to other university retirees.
The plaintiffs, along with other lab retirees, pooled $150,000 for legal fees. They'll need another $75,000 to appeal, according to Joe Requa, a former lab computer scientist who has led the legal challenge.
Lawrence Livermore National Security -- a for-profit corporation that includes Bechtel Corp., Babcock & Wilcox Co. and others -- assumed lab management in 2007. Before that, UC had run the lab since its inception in 1952.
About 5,000 Livermore lab retirees and 2,500 spouses and dependents were transferred to the new lab management's retiree health plan. The retirees argue that LLNS's plan is inferior to that of other UC retirees, and that they should be reinstated into UC's plan.
Alameda County Superior Court Judge Frank Roesch disagreed.
The plaintiffs didn't deliver evidence of "a binding contract" guaranteeing them health benefits "equal to those provided to other UC retirees," the judge wrote. Nor was their assertion of major financial injury upheld. Roesch wrote that the switch from one retiree health plan to another isn't "an injury so severe" as to require court intervention.
Charles Robinson, UC's vice president and general counsel for legal affairs, stated in an email that UC "is pleased that the judge acknowledged that the university's transfer of responsibility" for retiree medical benefits "was legal and appropriate."
Nuclear warriors shafted again. Asked by the leaders in DC to dedicate their lives and careers to protecting the country (sometimes at great peril to personal safety and health), and operating in relative anonymity for the entire time, UC (and DOE and LANS and LLNS), with the blessing of the courts, have decided our contribution wasn't worthy of making good on the promises they made to us. They decided that WE UC retirees weren't worth as much as other UC retirees at other campuses, like the professors who teach ridiculous and irrelevant subjects (Sanskrit?). Just imagine what the public reaction would be if the VA reneged on promises to veterans, or if cities reneged on promises to firefighters, police, or even teachers. Why, there would be an outpouring into the streets, protests, and general outrage. But the nuclear warriors? Tough shit, I guess. Maybe we SHOULD have had a union, with a giant PR machine, just like the firefighters, police, and teachers have, after all.
Comments
http://courthouseforum.com/forums/evaluationtrial.php
On the other hand, UC continues to recklessly allow the “Double Dippers” to take advantage of the system, (e.g. the now retired UC Berkeley Chief who took a lump sum retirement, changed her mind and switched to monthly allotments, while at the same time remaining at Berkeley under contract. That situation resulted in the involvement of the California State Legislation… What a travesty of justice)!
Yes, the “Ivy Tower” is steadfast in their efforts to take care of their own and the chosen ones, while the rest of us stockholders continue to suffer.
Under UC, as now for LANS and LLNS, when you reach 65, you must sign up for Medicare. There aren't many pre-for profit retirees who aren't yet eligible for Medicare. All those over 65 are now in Medicare with some supplemental program, either LANS/LLNL or private. The result is essentially the same no matter which. If you think the UC supplemental program is so much better than any other available to you, I haven't heard evidence.
The big problem here is that there is probably a significant number of retirees that do not qualify for Medicare. Those that started prior to 1977 were not contributing to SS and Medicare.
June 12, 2011 9:04 PM is correct that under UC when you reached 65 you were required to sign up for Medicare. The important distinction here is that UC would fill in the gap for what Medicare did not cover, and if you didn't qualify for Medicare the UC plan was covering the entire burden.
I am one of those that started before 1977 and did not pay into Medicare. Since the contract change I have been doing so, and combined with credits I earned before starting with the lab, I HOPE that I'll qualify for Medicare by the time I retire. If not, I'll be in the same boat as the current retirees. And all of this assumes that Medicare will be there in the future, something else that we thought that was a guarantee which might go poof.
Next on the chopping block -- the gold plated pensions of weapon lab workers. Yeah, it's coming. Deal with it.