Aeneas McDonald Police Benevolent Ass'n v. City of Geneva

Callahan and Balio, JJ. (dissenting).

We disagree with the majority’s conclusion that, “[bjecause petitioner’s retired members do not have any contractual rights with respect to health insurance benefits, they may not challenge the change in benefits.” In our view, Supreme Court properly concluded that the City’s determination to change the health insurance benefits paid to retirees violated the established past practice of providing a certain level of benefits to them.

It is well established that substantive rights may arise not only through collective negotiations, but also through…