Rosen v. New York City Teachers' Retirement Board

In an action by a retired school teacher for a declaratory judgment determining that she is entitled to have the “ cost of living bonus ” and emergency increases in pay included as salary in computing her pension rights, Special Term granted plaintiff judgment on the pleadings and denied defendants’ motion for summary judgment. Defendants appeal.

The learned Special Term held that salary included cost of living bonus and was one of the benefits guaranteed to plaintiff by the New York State Constitution (art. V, § 7) and that such benefit could be waived only by a written waiver and could not…