Legal Opinion

McDermott v. Regan

New York Court of Appeals

Decided November 16, 1993PublishedCited by 19 opinions

1Opinion of the Court

OPINION OF THE COURT

Smith, J.

The issue here is whether chapter 210 of the Laws of 1990, which changes the funding method for New York State Retirement Systems from an Aggregate Cost (AC) method to a Projected Unit Credit (PUC) method, violates article V, § 7 of the New York State Constitution, requiring that a system member’s benefits not be "diminished or impaired.” Supreme Court granted the plaintiffs’ motions for summary judgment declaring sections 1 through 7 of chapter 210 unconstitutional. The Appellate Division affirmed.

The retirement system for public employees in New York State…

2Cases cited2 opinions

  1. Sgaglione v. LevittNew York Court of Appeals · 1975
  2. New York Public Interest Research Group, Inc. v. New York State Thruway AuthorityNew York Court of Appeals · 1990

3Cited by19 opinions

  1. McGinty v. New YorkCourt of Appeals for the Second Circuit · 2001
  2. McGinty v. New YorkCourt of Appeals for the Second Circuit · 2001
  3. McNamee v. StateIllinois Supreme Court · 1996
  4. Kaho'ohanohano v. StateHawaii Supreme Court · 2007
  5. Oregon State Police Officers' Ass'n v. StateOregon Supreme Court · 1996

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