Legal Question in Education Law in New York

Health Insurance Overpayment

My school district has agreed to retirement condiitons

negotiated by NYSUT.As an employed teacher I have

paid between $50-$60 per paycheck for health benefits.

Now, the district has included me for the remainder of the 2003-2004 school year on a paid leave of absence and is charging me an an individual rate of over $600+ a month

for my medical coverage. The school district never properly

disclaimed the conditions of medical payments at the time

of the negotiated settlements. What charges can be brought

against the district for this overpayment of medical coverage premiums? In addition , they falsified a legal

document which placed me on ''sick leave'' instead of a paid

leave of absence, which was negtioated at the time of settlement.


Asked on 2/06/04, 11:56 pm

1 Answer from Attorneys

Arnold Nager Arnold H. Nager, Esquire

Re: Health Insurance Overpayment

Your union should help you. If they don't, file a PERB complaint, grievances or whatever you can under your district's agreement.

If all that fails, sue the district and the union.

Watch out for time deadlines under the contract and the law.

My comments are based on treating your question as a hypothetical. Accordingly, my comments could be substantially and materially different were I advised of all of the relevant facts and circumstances. My comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with me or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.

I am not hired to be your attorney, and no attorney-client relationship exists between us, unless and until you enter into a written retainer agreement with me, tender the agreed amount for a retainer and it is accepted by me. I reserve the right to decline representation should circumstances change.

As you are aware, in New York there are various deadlines for filing a complaint, filing an answer to a complaint, or taking other action in order to preserve your legal rights, and avoid a complete loss of those rights. You should retain counsel immediately in order to be fully advised of your rights, and to be fully informed of the applicable time period within which those rights must be asserted. If you were to delay in doing so, it might result in your potential cause of action being forever barred.

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Answered on 2/10/04, 7:43 am


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