Carroll v. New York City Employees' Retirement System

OPINION OF THE COURT

Bentley Kassal, J.

issue

The issues raised on this CPLR article 78 proceeding are (1) whether a former municipal pension provision, which permitted retired employees to re-enter city service and subsequently re-retire with an additional pension, grants the employee a constitutionally protected vested right which may not be impaired by subsequent changes in the pension system, and (2) whether, upon such re-retirement, he is unconditionally entitled to additional benefits which were enacted between his two periods of service.

FACTS

Petitioner is the former Commissioner of the…