Legal Opinion

Hessel v. New York City Employees' Retirement System

New York Court of Appeals

Decided February 20, 1974PublishedCited by 9 opinions

1Opinion of the CourtGabrielli, J.

We are asked to determine whether lump-sum payments made to a retired employee of the New York City Housing Authority, representing accrued annual leave and retirement terminal leave are to he included in the computation of retirement benefits under the formula established by the Administrative Code which uses as its salary base the annual salary or compensation earnable (by an employee) in either his last year of service or, at the retiree’s election, his three-year average compensation.

Petitioner, a lawyer employed by the Housing Authority for 23 years, retired as General Counsel on January…

2Cases cited3 opinions

  1. Rosen v. New York City Teachers' Retirement BoardAppellate Division of the Supreme Court of the State of New York · 1953
  2. Carroll v. GrumetAppellate Division of the Supreme Court of the State of New York · 1952
  3. Brooks v. City of New YorkNew York Supreme Court · 1972

3Cited by9 opinions

  1. Lippman v. Board of EducationNew York Court of Appeals · 1985
  2. Washington Ass'n of County Officials v. Washington Public Employees' Retirement System BoardWashington Supreme Court · 1978
  3. Surowitz v. New York City Employees' Retirement SystemDistrict Court, S.D. New York · 1974
  4. Kosey v. City of Washington Police Pension BoardCommonwealth Court of Pennsylvania · 1983
  5. Bookhout v. LevittAppellate Division of the Supreme Court of the State of New York · 1976

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