Maillard v. New York State Teachers' Retirement System
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMalone Jr., J.
Fetitioners are retired administrators from the William Floyd Union Free School District in Suffolk County. All are members of respondent New York State Teachers’ Retirement System (hereinafter NYSTRS), with petitioner Glenn Maillard being in *1300tier II and petitioners John Raptis and John Pidgeon being in tier I due to their differing dates of service. In calculating Mail-lard’s final average salary for purposes of determining his retirement benefit, NYSTRS excluded 2% of income received as an expense allowance under the applicable collective bargaining agreements. NYSTRS concluded that such…
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