Sherman v. New York State Teachers' Retirement System

OPINION OF THE COURT

Memorandum.

*981The order of the Appellate Division should be affirmed, with costs.

Section 512 (subd b, par 2) of the Education Law provides that a death benefit is payable upon the death of a member of the New York State Teachers’ Retirement System who dies prior to the effective date of retirement if "in service” at the time of death. Respondents interpreted the "in service” prerequisite as not met by a teacher who, following leave of absence from the school system without pay, had not yet resumed actual teaching duties.

Based on that interpretation of the statute, respondents…