[Download] "Abraham Kranker v. Arthur Levitt" by Court of Appeals of New York ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Abraham Kranker v. Arthur Levitt
• Author : Court of Appeals of New York
• Release Date : January 18, 1972
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

[30 N.Y.2d 574 Page 575] 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.

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