MATTER OF SAUER v. Carey

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Although petitioner, a State trooper, is a member of the Policemen’s and Firemen’s Retirement System described in article 8 of the Retirement and Social Security Law (Retirement and Social Security Law, § 302, subd 11, par a), it is readily apparent from the language of the statute that the special provisions of subdivision c of section 402 contained within that article, are not available to him. Ordinarily, under subdivision c of section 402, a member of the retirement system who has retired as…