Morrissey v. New York State Employees' Retirement System
New York Court of Appeals
I. Article 4 of the Civil Service Law does not permit optional withdrawal from membership by an employee while he remains in the service of the State. II. Respondent validly acquired membership in the Retirement System in 1935. I. The law does not expressly or impliedly prohibit the withdrawal of an optional member of the Retirement System who subsequently qualifies for a pension under another State statute. II.
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I. Article 4 of the Civil Service Law does not permit optional withdrawal from membership by an employee while he remains in the service of the State. II. Respondent validly acquired membership in the Retirement System in 1935. I. The law does not expressly or impliedly prohibit the withdrawal of an optional member of the Retirement System who subsequently qualifies for a pension under another State statute. II. The actuarial position of the Retirement System would not be adversely affected by the judgment below. III. Petitioner is not validly a member of the Retirement System.
1Opinion of the CourtLewis, J.
This case comes to us as a submission of controversy upon agreed facts. (Civ. Prac. Act, §§ 546-548.)
The appeal, by our leave, is from a judgment entered upon the unanimous order of the Division which directs the appellants, New York State Employees’ Retirement System and the Comptroller of the State of New York to accept and-approve the petitioner’s application for his withdrawal from the Retirement System, and to refund to him all moneys standing to his credit in the System’s annuity savings fund.
The action, as directed by the judgment, to be taken by the appellants depends for its validity…
2Cases cited5 opinions
- Lawrence Constr. Corp. v. State of New YorkNew York Court of Appeals · 1944
- People Ex Rel. Brown v. WoodruffNew York Court of Appeals · 1865
- People Ex Rel. City of Olean v. Western New York & Pennsylvania Traction Co.New York Court of Appeals · 1915
- Lafrinz v. . WhitneyNew York Court of Appeals · 1922
- People v. . HewsonNew York Court of Appeals · 1918
3Cited by9 opinions
- Town of Pelham v. City of Mount VernonNew York Court of Appeals · 1952
- In Re AwukuUnited States Bankruptcy Court, E.D. New York · 2000
- Brei v. ReganAppellate Division of the Supreme Court of the State of New York · 1982
- Gammone v. MurphyAppellate Division of the Supreme Court of the State of New York · 2002
- Nationwide Life Insurance v. Superintendent of InsuranceNew York Court of Appeals · 1965
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