Kruger v. New York City Employees' Retirement System

This suit involves a construction of section B3-46.0 of the Administrative Code of the City of New York which, insofar as applicable herein, provides as follows:

“ Until the first payment on account of any benefit is made, the beneficiary * * * may elect to receive such benefit in a retirement allowance payable throughout life * * * with the provision that:

‘ ‘ Option 1. * * *

“ Option 2. * * * ”

The facts are not in dispute. On March 18, 1952, plaintiff, then general medical superintendent of the department of hospitals, and a member of the New York City Employees’ Retirement System, applied for…