Legal Opinion

Schechter v. New York State Employees' Retirement System

Appellate Division of the Supreme Court of the State of New York

Decided June 15, 1978PublishedCited by 6 opinions

1Opinion of the Court

*544OPINION OF THE COURT

Mikoll, J.

Petitioner joined the New York State Employees’ Retirement System in 1938. In November, 1974, he applied for retirement, effective January 1, 1975, selecting Option 3, as provided in section 90 of the Retirement and Social Security Law. Petitioner is covered by the retirement plan contained in section 75-h of the Retirement and Social Security Law. In order to determine his retirement allowance under Option 3, it was first necessary to determine what he would receive under Option 0, which was done by multiplying his final average salary (the highest average…

2Cases cited4 opinions

  1. Birnbaum v. New York State Teachers Retirement SystemNew York Court of Appeals · 1958
  2. Shook v. LavineAppellate Division of the Supreme Court of the State of New York · 1975
  3. Hogan v. CallahanAppellate Division of the Supreme Court of the State of New York · 1975
  4. Newman v. LevittNew York Supreme Court · 1976

3Cited by6 opinions

  1. Consumer Protection Board v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1982
  2. Tutino v. PeralesAppellate Division of the Supreme Court of the State of New York · 1990
  3. Kutas v. New York State Employees' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 1989
  4. Schechter v. New York State Employees' Retirement SystemNew York Court of Appeals · 1979
  5. National Fuel Gas Distribution Corp. v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1982

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