Wednesday, February 12, 2014

The four-month statute of limitations set out in Article 78 of the Civil Practice Law and Rules applies when challenging a pubic retirement system’s administrative decision


The four-month statute of limitations set out in Article 78 of the Civil Practice Law and Rules applies when challenging a pubic retirement system’s administrative decision
2013 NY Slip Op 08026, Appellate Division, First Department

The contingent beneficiary [Petitioner] of a member of the New York City Teachers’ Retirement System was advised that she would not receive benefits under the deceased member's qualified pension plan (QPP) because he died prior to his date of retirement and thus the deceased member’s designated in-service beneficiary was entitled to the benefits.

Petitioner then filed an Article 78 petition challenging the Retirement System’s decision, seeking a judgment that she was entitled to either a determination of her rights as contingent beneficiary under the decedent’s qualified pension plan (QPP) or an order   directing the System to pay her benefits as a contingent beneficiary of the deceased member’s QPP.

Supreme Court dismissed her petition as untimely, finding that Petitioner failed to file a proceeding to challenge that determination within the requisite four-month period. The Appellate Division affirmed the lower court’s ruling.

The Appellate Division noted that “The parties agree that the four month statute of limitations controls this action, which challenges an agency determination” and that Petitioner failed to file her action within that four-month period.

The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2013/2013_08026.htm
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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/

Challenging Adverse Personnel Decisions at http://nypplarchives.blogspot.com

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

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

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