It appears the computer is back to normal and I'm in business again. Amazing how we get to depend on the tech stuff available nowadays.
I also decided to wait until after Thanksgiving to present this. Nobody wants to even think about how we've been treated by the BJ's failure to live up to their retirement/separation agreements. Could tend to put a damper on the holiday.
I also want to revisit the Rx situation before I present some areas of medical/hospitalization. And realize our previous exploration into the situation was mainly into those over 65 that were "forced" to sign up for the Aetna Medicare part D. A group plan partially funded by the BJ and partially funded by Medicare.
To go past those parameters somewhat; let me first say that if you had Rx coverage while you were working at the BJ up to the time you retired/separated you (according to several legal opinions I have heard...(both first hand and indirectly)...you are entitled to those benefits even though they were/are not in the union contract you were working under at the time you left the BJ. And I'm not aware of ANY contract with the BJ that states the Rx coverage. Over the past couple of years I have become aware of many situations where the Rx benefits have been cut off...even after the BJ had paid them for various periods of time after the employees' separation.
Think about this. Especially with the present ownership of the BJ. Do you think for a moment that the BJ would pay out a dime of Rx coverage if they didn't have to? Of course not. That, I believe, backs up our counsel's belief that, indeed, there is an obligation on the part of the BJ to give Rx coverage even though it's not in writing in any contract.
Recall my report of Bob Brown's success with his small claims court petition against the BJ in regard to their failure to continue to pay for him and his wife's medical/hospital/Rx coverage. He collected thousands and the BJ tried to "give" him more thousands if he signed off on future claims. He didn't. And the BJ's appeal as to the legality of small claims court to award Mr. Brown claims is still working through the system. I plan to contact Mr. Brown in Jan. as to the status of the action, if he doesn't get in touch with me first.
Here's what we need to do in the meantime. Try to get in touch with as many legal people as possible to see if they can give us a new viewpoint. And we need to talk to as many other retirees as possible. Our group is very small and we need more input and more feet on the ground. And if we can get into the hospitalization/medical aspect with a class action we'll need many more retirees involved.
If you get to talk to a labor lawyer...I suggest you take a copy of the union contract in effect at the time of your retirement/separation. Make sure the lawyer knows that the medical/Rx coverage in effect at that time was the big reason for your retiring/separating. If possible, have some statements that weren't...but should have been...paid by the BJ's insurance. I think most of us have a retirement/separation letter stating what we could expect upon our leaving active employment with the BJ...present that of course.
The small claims court approach is very interesting. I don't think the present owners of the BJ have attorneys on a retainer throughout the country. And we retirees are scattered all over the place. When it costs less to live up to their obligations than pay attorney fees in various states they will look at things differently. Until that happens they will do nothing. Unless they are ordered by a "regular" court to straighten up. And, even then, they will probably just keep appealing until we either die of old age or go broke filing papers for the appeals process. Think about small claims!!
Feel free to contact me if you have any questions and definitely get in touch after you talk to any counsel...with both good news or bad news.
THIS IS VERY IMPORTANT!!
Those that are approaching 65 years of age. The BJ will be getting in touch with you to sign an agreement to go with Aetna Medicare Rx group plan. BE CAREFUL!! I suggest you contact an attorney, the BJ human resources people, before you sign anything. Ask the human resources people if you REALLY have to sign that. The letter will probably state that either you sign it or lose all Rx benefits. Maybe not!! Let me know what those meetings boil down to.
In a week or so I will share with you some information about the possibility of a class action that might be valid against the BJ in some areas.
hang tough
bob abbott
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1 comment:
Bob, I admire your tenacity on this and I know that many of our retirees will welcome any help they can get on their medical needs.
I just want to explain why I am not on the bandwagon and am quite happy with the Aetna Advantage coverage we have.
Maybe because I picket the right parents, certainly not because I lead what is called a healthy lifestyle, though I don't smoke, I am healthy at 76 and don't need to take any medication and so far this year I have only had to pay $13 for some doctor I've not met to read the tests of my annual physical. That amount was applied toward my $250 deductible which I wont reach this year for sure unless something drastic happens.
My wife has chronic sinusitis and a few other things she takes medicine for but only one is the $40 kind which she gets three month worth paying for two and cuts them in half, the others are generic and she doesn't bother to get them from Aetna just buys them in the drug store.
With the $40 pills and the four generics her total outlay for medication was less than $300.
I am posting this because many others may be in the same boat of having manageable dollar outlay for medical needs and thus may not have joined your small group fighting the BJ.
On the other hand my presumption may be way off, it is simply based on my own experience.
....Ott
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