Robak v. Regan

Casey, J. (dissenting).

Concededly, since December, 1971 and in each year thereafter, petitioner worked at least 26 weeks in legislative employment that qualified him as an “annual employee” under section 80-a (subd a, par 2) of the Retirement and Social Security Law. However, because he so qualified, he was not ipso facto entitled to the retirement benefits of the section 80-a plan. Since the majority’s holding is based principally on this premise, I respectfully dissent. 11 In my opinion, petitioner was required to comply with the other provisions of that statute as well, and the fact is…