As you know, the litigation surrounding the NYSHIP Policy Memorandum which prohibited payment of an insurance opt-out benefit to anyone whose spouse is covered by a NYSHIP policy is ongoing.  As of today, the Memorandum has been deemed to be unenforceable.

The Attorney General has filed a motion for permission to appeal to the Court of Appeals in these cases. That motion was denied by the appellate court and the Attorney General now has 35 days to appeal directly to the Court of Appeals. If the AG’s office elects not to appeal, the lower Court decision that found policy memo 122r3 unenforceable will remain in effect. If they do elect to appeal directly into the Court of Appeals, and are denied, the lower court decision will be become final with no further appeals.

There is also legislation that has been passed by both houses that has yet to go to the Governor’s desk for signature that would reinstate NYSHIP contractual buyout provisions.

We will, of course, keep you informed as to further developments.