Kaslow v. City of New York

Petitioner worked at the New York City Department of Environmental Protection (DEP) until April 1991. While employed at DEP, Petitioner was a Tier 4 New York City Employees’ Retirement System (NYCERS) member. Later in April 1991, Petitioner was appointed a correction officer at the New York City Department of Correction (DOC). Accordingly, Petitioner became a member of the Tier 3 CO-20 retirement plan established by N.Y. Retire. & Soc. Sec. Law 504-a(c)(2). In July 2009, Petitioner retired from DOC. NYCERS subsequently approved Petitioner’s retirement but refused to credit his DEP service. Petitioner filed a petition against the City and NYCERS asking the court to direct NYCERS to recalculate his pension to include his DEP service. Supreme Court granted Kaslow’s petition, and the Appellate Division affirmed. The Court of Appeals reversed, holding (1) Petitioner’s pension was defined in its entirety by section 504-a(c)(2); and (2) as a result, NYCERS properly did not consider Petitioner’s previous civilian service with DEP when calculating Petitioner's pension benefit.View "Kaslow v. City of New York" on Justia Law