Legal Opinion

Ballentine v. Koch

New York Court of Appeals

Decided October 22, 1996PublishedCited by 24 opinions

1Opinion of the Court

OPINION OF THE COURT

Levine, J.

Plaintiffs, retired New York City police officers who receive or are eligible to receive payments from the Police Officer’s Variable Supplements Fund (POVSF), challenge chapter 247 of the Laws of 1988, which changed the funding and benefit structure of the POVSF, as an unconstitutional impairment of contractual pension rights in violation of article V, § 7 of the New York Constitution and the Federal Contract Clause (US Const, art I, § 10, cl [1]).

The POVSF was created (as the Patrolmen’s Variable Supplements Fund) in 1970 as a result of collective bargaining…

2Cases cited20 opinions

  1. Allied Structural Steel Co. v. SpannausSupreme Court of the United States · 1978
  2. Energy Reserves Group, Inc. v. Kansas Power & Light Co.Supreme Court of the United States · 1983
  3. General Motors Corp. v. RomeinSupreme Court of the United States · 1992
  4. Board of Education of Union Free School District No. 3 of Huntington v. Associated Teachers of Huntington, Inc.New York Court of Appeals · 1972
  5. Birnbaum v. New York State Teachers Retirement SystemNew York Court of Appeals · 1958

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3Cited by24 opinions

  1. Castellano v. City of New YorkCourt of Appeals for the Second Circuit · 1998
  2. Consumers Union of U.S., Inc. v. StateNew York Court of Appeals · 2005
  3. Jones v. Municipal Employees' Annuity & Benefit FundIllinois Supreme Court · 2016
  4. DeLuca v. DeLucaNew York Court of Appeals · 2001
  5. Rosenthal v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2001

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