Kleinfeldt v. New York City Employees' Retirement System

Chief Judge Breitel.

In a class action the New York City Employees’ Retirement System and the State’s Attorney-General, as intervener, appeal from the granting of a summary declaratory judgment to plaintiff, a New York City transit employee. The judgment declared that subdivision 4 of section 431 of the Retirement and Social Security Law, as applied to any civil service employee who became a member of a public retirement system before the statute’s effective date, violates section 7 of article V of the State Constitution.

The issue is whether the recently enacted statutory limitation on the…