Nussbaum v. New York City Employees' Retirement System

New York Court of Appeals

Nussbaum v. New York City Employees' Retirement System

425 N.E.2d 869, 53 N.Y.2d 1018, 442 N.Y.S.2d 481, 1981 N.Y. LEXIS 2547

New York Court of Appeals·Decided June 9, 1981·Published·Cited by 1 cases

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified, with costs to defendant, in accordance with this memorandum, and, as so modified, affirmed.

For the reasons stated by the Appellate Division, plaintiff was not unconstitutionally denied vested pension rights by legislation which created an additional, optional pension plan. Plaintiff could have remained in the existing plan without any of his rights being impaired. It was his decision not to do so that caused the alleged change in his rights. Instead of dismissing the complaint in this declaratory judgment action, however, the Appellate Division should have declared the rights of the parties. Accordingly, the order of that court should be modified to declare the challenged legislation constitutional.

[1021] Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.

Order modified, etc.

Free access — add to your briefcase to read the full text and ask questions with AI

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified, with costs to defendant, in accordance with this memorandum, and, as so modified, affirmed.

For the reasons stated by the Appellate Division, plaintiff was not unconstitutionally denied vested pension rights by legislation which created an additional, optional pension plan. Plaintiff could have remained in the existing plan without any of his rights being impaired. It was his decision not to do so that caused the alleged change in his rights. Instead of dismissing the complaint in this declaratory judgment action, however, the Appellate Division should have declared the rights of the parties. Accordingly, the order of that court should be modified to declare the challenged legislation constitutional.

[1021] Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.

Order modified, etc.

Nussbaum v. New York City Employees' Retirement System, 425 N.E.2d 869, 53 N.Y.2d 1018, 442 N.Y.S.2d 481, 1981 N.Y. LEXIS 2547 (N.Y. 1981).

Pincite

425 N.E.2d 869 (Nussbaum v. New York City Employees' Retirement System) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related