Best Lawblog Contest for 2017 now being conducted by The Legal Institute

From now until
September 15th, 2017, Lawblog fans can nominate their favorite blogs and bloggers for inclusion in the voting round of 2017. As in previous years, the nomination process is competitive, meaning the more nominations a blog receives, the more likely it is to be included in the public voting stage of the contest.

To access the link to the nomination form, click on:

https://www.theexpertinstitute.com/blog-contest/?utm_source=email&utm_medium=email&utm_content=CTA&utm_campaign=blog-contest-8.14.2017-general

Monday, June 27, 2011

Request for reconsideration of an administrative determination does not toll the running of the statute of limitation

Request for reconsideration of an administrative determination does not toll the running of the statute of limitation
Matter of Bahr v MTA N.Y. City Transit Authority, Supreme Court, Kings County, 14 Misc.3d 1215(A)

The decision by Supreme Court Justice Francois A. Rivera in the Bahr case again points out that:

1. A proceeding pursuant to the statute of limitations set out in Article 78 of the Civil Practice Law and Rules (CPLR §217[1]) must be commenced within four months of the date that the decision complained of became final and binding; and

2. An administrative determination is considered final and binding for purposes of CPLR §217[1] when it has an impact on the aggrieved party and when the aggrieved party knows of the determination; and

3. An aggrieved party's requests for reconsideration of the administrative decision neither extends the statute of limitations nor tolls the statute of limitations from running.

Richard Bahr, Tier 4 member of the New York City Employees’ Retirement System [CERS] resigned from his position with the Metropolitan Transit Authority (MTA) in August 2000. CERS advised Bahr that he could vest his membership in the Retirement System if he had five years of credited member service and was within five years of normal retirement age when he left employment. Bahr qualified for vesting by purchasing enough service credit to meet the five years of member service requirement to be eligible to vest his retirement benefits..

New York City Transit Authority [NYCTA] provided employees such as Bahr with health insurance coverage through the New York State Health Insurance Program (NYSHIP). NYCTA also provided Tier 4 retirees with health insurance coverage upon retirement if the individual had at least ten years of service in NYCERS and was 62 years old or had five years of service in NYCERS and was 70 years old.

In August 2000, Bahr was not eligible to retire and resigned instead. He “vested” his eligibility for a retirement allowance upon attaining the minimum age for retirement.

When Bahr retired a few years later, the Employee Benefits Division of the New York State Department of Civil Service, which administers NYSHIP, wrote Bahr to advise him that he was eligible to continue his health insurance coverage with NYSHIP during his retirement. NYSHIP also told Bahr that he had been enrolled in the Empire Plan with dependent coverage. The cost Bahr’s health insurance coverage was paid by the participating employer, NYCTA.

As it turned out, the information NYSHIP sent to Bahr was incorrect.

NYCTA wrote to Bahr and told him that his post employment health benefits were granted in error. NYCTA explained that although Bahr qualified for a retirement allowance, having had five years of credited member service in CERS, he was ineligible for “retiree health insurance coverage” because his did not have at least ten years of credited service in the System. NYCTA then terminated Bahr’s health coverage with NYSHIP..

Supreme Court dismissed Bahr’s Article 78 petition as untimely.

According to the decision, in a letter dated July 23, 2004, NYCTA informed Bahr that his health coverage would end on August 1, 2004. The court pointed out that Bahr’s unsuccessful attempts to have NYCTA reconsider its decision did not extend or toll the four-month statute of limitations to commence an Article 78 proceeding.

The court said that although Bahr knew of NYCTA’s final determination on July 29, 2004, his petition challenging that decision served and filed more than four months after he knew of the final administrative determination. Accordingly, it was untimely.

Handbooks focusing on State and Municipal Public Personnel Law continue to be available for purchase via the links provided below:

The Discipline Book at http://thedisciplinebook.blogspot.com/

A Reasonable Penalty Under The Circumstances at http://nypplarchives.blogspot.com

The Disability Benefits E-book: at http://section207.blogspot.com/

Layoff, Preferred Lists at http://nylayoff.blogspot.com/

Caution:

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.

THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.

Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material in this blog is presented with the understanding that the publisher is not providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader should seek such advice from a competent professional.

Items published in NYPPL may not be used for commercial purposes without prior written permission to copy and distribute such material. Send your request via e-mail to publications@nycap.rr.com

Copyright© 1987 - 2017 by the Public Employment Law Press.



___________________



N.B. From time to time a political ad or endorsement may appear in the sidebar of this Blog. NYPPL does not have any control over such posting.

_____________________

.