Livermore lab retirees suing UC over health care benefits

Contra Costa Times ^ | 1/5/11 | Suzanne Bohan

[SmithL]

Joe Requa would love to spend his retirement immersed in woodworking or restoring antique tools.

But instead of honing his 1935 Craftsman jigsaw for public display or building a cherry bookcase for his daughter, he devotes his days to a legal battle to protect his retiree health benefits.

His fight has culminated in a state case now under way in an Oakland courthouse, brought by Requa and three other plaintiffs against the regents of the University of California.

"I've basically been working three years full time on this," the 72-year-old Requa said. "Not having something come out of it would be distressing."

The initial response was ambiguous. Alameda County Superior Court Judge Frank Roesch ruled last month that the four needed to show more written and other evidence that UC had guaranteed their health benefits "in perpetuity." Their lawyers have until Jan. 24 to make their case that such guarantees exist, and they're confident they can do so.

"We're not alarmed by it," said Oakland attorney Tom Sinclair, one of the lawyers representing the retirees.

The case also reveals the vulnerability of retiree health benefits, which lack the ironclad legal protections of pension obligations.

In 1999, Requa retired from Lawrence Livermore Laboratory after a 35-year career as a computer scientist developing codes for testing and designing nuclear weapons. Throughout his tenure, the University of California ran the lab, and he was told that UC would provide his pension and retiree health benefits.

But in 2007, Lawrence Livermore National Security, or LLNS -- a for-profit corporation that includes Bechtel Corporation, Babcock & Wilcox Company, URS Corporation, Battelle and UC -- took over lab management.

The following year, the new operators told Requa and about 5,000 other Livermore lab retirees and some 2,500 spouses and dependents that they would be transferred...

[E. Pluribus Unum]

It's not rocket surgery: The state has spent more money than it has.

[Gaffer]

If you read further, you will see he did not pay SS taxes...that’s the crux of his ‘now-problem’ he took advantage of a ‘risky ventrure’ that saved him money each month, now gets screwed by ‘the man’, etc. etc. etc. Screw him.

[Mobties]

One of millions who will find that their hopes and lives have been built on empty government promises. The promises are worthless. The bonds soon will be worthless. The functions of the state that employed them, their very jobs in many cases .... are all of no value.

The music is stopping and there's no place to sit. The losers have no one to blame but themselves.

Poetic in a way, it's almost like a state full of foolish investors in a huge Hollywood flop. I can almost see the tumbleweeds bouncing through the streets and hear the Rod Serling voice-over.

[Oldexpat]

Many large companies are terminating their health care coverage for retired employees that qualify for Medicare. Some are giving allowances for the retirees to purchase Medicare supplement plans.
This is an option that must be exercised for all public employees. If Medicare is good enough for the private sector it is good enough for our so called “public servants”.
In order to save state and local finances they also need to convert all employees..new and old to 401k plans rather than defined benefit plans.

[Oldexpat]

Many large companies are terminating their health care coverage for retired employees that qualify for Medicare. Some are giving allowances for the retirees to purchase Medicare supplement plans.
This is an option that must be exercised for all public employees. If Medicare is good enough for the private sector it is good enough for our so called “public servants”.
In order to save state and local finances they also need to convert all employees..new and old to 401k plans rather than defined benefit plans.

[fremont_steve]

This guy is one of the worst activist judges in the US. See a small compendium of some of his decisions. One of the biggest reasons I want to move out of Alameda county!

Examples:

“A judge has attacked parents, suggesting they are bigots for seeking to opt-out their elementary-age children from a mandatory controversial pro-homosexual curriculum, according to a non-profit law firm.”

http://www.armyofgod.com/JudgeFrankRoesch.html

“Obama’s SEIU Victorious And California Loses” ...”lameda Superior Court Judge Frank Roesch has taken tools from Governor Arnold Schwarzenegger and the state legislature to keep California afloat. Judge Roesch ruled late New Years Eve in favor of Obama’s thug union SEIU and two other unions preventing the state from 3 day a month furloughs for workers.”

http://speaknowconservatives.org/2010/01/04/is-judge-frank-roesch-running-california.aspx

“Judge Orders State to Shut Down Pumps to Save Delta Smelt, Salmon”

http://dev.calsport.org/4-5-07.htm

[Aunt Polgara]

When my dear husband first started working for a CA agency, Medicare and Social Security were not available to him because of state sovereignty (the feds couldn’t force the states to join those programs ... quaint notion these days, huh?)

When Medicare and Social Security did become available, they cost more and gave lesser benefits, so we stuck with the state system (PERS and the medical benefits provided by his agency)... CA was, in effect, telling its employees to reject Medicare and SS. Back then, CA was an economic powerhouse.

Now that he is retired, we only have the medical benefits that were promised to him through his employment, which is one of the reasons he stuck with the same job for over 40 years instead of seeking higher paying employment in the private sector.

As you may know, many public sector jobs have traditionally paid less than private sector jobs for the same education and experience, but generally had better benefits to compensate for the differences in pay.

If there are changes to be made, they should be made for employees who are far away from retirement, so they can weigh their options, not jerk the rug out from under those who have no ability to make changes.