Legal Opinion · Dissent
Mainello v. McCall
Appellate Division of the Supreme Court of the State of New York
Decided January 21, 1999Published
1DissentCardona, P. J.
I respectfully dissent. It is settled law that “[t]he Nonimpairment Clause of the NY Constitution was adopted in order to prevent the reduction of an individual’s retirement benefits after he or she had joined a retirement system operated by the State or one of its civil divisions” (Lake v Regan, 135 AD2d 312, 314, appeal dismissed 72 NY2d 840, lv denied 72 NY2d 807). In the instant case, once petitioner elected to join the retirement plan prior to March 31, 1972 pursuant to Retirement and Social Security Law § 381-b, his individual retirement benefits contained in that plan could not be…
2Cases cited7 opinions
- Cook v. City of BinghamtonNew York Court of Appeals · 1979
- Birnbaum v. New York State Teachers Retirement SystemNew York Court of Appeals · 1958
- Kleinfeldt v. New York City Employees' Retirement SystemNew York Court of Appeals · 1975
- Public Employees Federation v. CuomoNew York Court of Appeals · 1984
- Brown v. New York State Teachers Retirement SystemNew York Court of Appeals · 1967
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