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Kranker v. Levitt

281 N.E.2d 840, 30 N.Y.2d 574, 330 N.Y.S.2d 791, 1972 N.Y. LEXIS 1475
CourtNew York Court of Appeals
DecidedFebruary 18, 1972
StatusPublished
Cited by37 cases

This text of 281 N.E.2d 840 (Kranker v. Levitt) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kranker v. Levitt, 281 N.E.2d 840, 30 N.Y.2d 574, 330 N.Y.S.2d 791, 1972 N.Y. LEXIS 1475 (N.Y. 1972).

Opinions

Per Curiam.

The 1957 decision of the Comptroller—in accordance with section 23.1 of the Rules and Regulations of the Department of Civil Service (4 NYCRR 23.1) — to include cash payments for accumulated vacation credits in determining the salary base for the computation of retirement benefits constitutes a valid contract between the State Employees’ Retirement System and its members. In addition, such payments represent compensation for services actually rendered and are, therefore, properly includable in the computation of a member’s final average salary. Accordingly, the plaintiff and all others similarly situated have acquired a vested right to the aforesaid benefit, and that benefit may not now be constitutionally impaired. This being so, it follows that subdivision 1 of section 431 of the Retirement and Social Security Law (as added by L. 1971, ch. 503), which eliminates inclusion of cash payments for accumulated vacation credits, violates section 7 of article V of our State Constitution if retroactively applied to the plaintiff and others similarly situated.

The judgment appealed from should be affirmed, without costs.

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Bluebook (online)
281 N.E.2d 840, 30 N.Y.2d 574, 330 N.Y.S.2d 791, 1972 N.Y. LEXIS 1475, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kranker-v-levitt-ny-1972.