Watson v. Manhattan & Bronx Surface Transit Operating Authority

OPINION

BIUNNO, District Judge.

The facts before the court are relatively simple and straightforward. One James Watson, a New York resident and citizen, was a bus driver for defendant Manhattan and Bronx Surface Transit Operating Authority (MaBSTOA), a public benefit corporation created under § 1203-a of the New York Public Authorities Law.

Under a collective bargaining agreement between MaBSTOA and the Transport Workers Union of America, Mr. Watson was a participant in a “presumed” retirement benefit plan, also called a “death gamble”, this being a right afforded to New York City governmental…