Legal Opinion

Public Employees Federation v. Cuomo

New York Court of Appeals

Decided June 29, 1984PublishedCited by 14 opinions

POINTS OF COUNSEL I. Because article 14 of the Retirement and Social Security Law was enacted for a limited duration, no contractual benefits were established under the New York State Constitution (art V, § 7). (Matter of Central School Dist.

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POINTS OF COUNSEL I. Because article 14 of the Retirement and Social Security Law was enacted for a limited duration, no contractual benefits were established under the New York State Constitution (art V, § 7). (Matter of Central School Dist. No. 2 u New York State Teachers’ Retirement System, 23 NY2d 213; Cook v City of Binghamton, 48 NY2d 323; Camardo v Board ofEduc., 79 AD2d 864; Patterson v Carey, 41 NY2d 714; United States Trust Co. v New Jersey, 431 US 1; Birnbaum v New York State Teachers Retirement System, 5 NY2d 1; Roddy v Valentine, 268 NY 228; Kleinfeldt v New York City Employees’…

1Opinion of the Court

OPINION OF THE COURT

Simons, J.

These appeals challenge the constitutionality of subdivision c of section 613 and subdivision c of section 606 of article 15 of the Retirement and Social Security Law (L 1983, ch 414, § 1, eff Sept. 1,1983). Subdivision c of section 613 limits the rights of State employees hired on or after July 1, 1976 (commonly referred to as Tier III employees) to withdraw contributions from the retirement system made by them after July 1, 1976. Subdivision c of section 606 amends the formula for determining the amount of ordinary death benefits payable to the estates of Tier…

2Cases cited8 opinions

  1. Birnbaum v. New York State Teachers Retirement SystemNew York Court of Appeals · 1958
  2. Roddy v. ValentineNew York Court of Appeals · 1935
  3. Kleinfeldt v. New York City Employees' Retirement SystemNew York Court of Appeals · 1975
  4. Kranker v. LevittNew York Court of Appeals · 1972
  5. Weber v. LevittNew York Court of Appeals · 1974

3 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. McDermott v. McDermottAppellate Division of the Supreme Court of the State of New York · 1986
  2. Curiale v. Peat, Marwick, Mitchell & Co.Appellate Division of the Supreme Court of the State of New York · 1995
  3. Lippman v. Board of EducationNew York Court of Appeals · 1985
  4. Baker v. ReganNew York Court of Appeals · 1986
  5. Civil Service Employees Ass'n v. ReganNew York Court of Appeals · 1988

9 more not listed; retrieve them via the Exa API.

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