Kelly v. New York State Teachers' Retirement System

OPINION OF THE COURT

Mikoll, J.

Decedent had been a teacher at the Deer Park Union Free School District and a member of the respondent system. On September 24, 1976, he was granted sick leave status. Subsequently, his previously earned sick leave ran out and he applied to "borrow” and was granted 59 additional days which would terminate on May 20, 1977. On April 21, 1977 he died from causes unrelated to the source of his sick leave. Decedent had signed an agreement to reimburse the school district if he left the district still owing any borrowed sick days.

The union contract with the district…