Board of Cooperative Educational Services for the Sole Supervisory District v. State

OPINION OF THE COURT

Cardona, P. J.

Plaintiffs commenced three declaratory judgment actions, later consolidated, to challenge the constitutionality of Retirement and Social Security Law § 803 (L 1993, ch 437). That statute permits current members of a public retirement system, who did not join when they first became eligible because they were unaware of their right to do so, to obtain retroactive membership to the date when they first became eligible.* For members in continuous service since the 1970’s, enhanced retirement benefits may include, besides additional service *87credit, a change in…