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July 03, 2015

Determining the effective date of a “9-11 related” accidental disability retirement allowance established by "reclassification"


Determining the effective date of a “9-11 related” accidental disability retirement allowance established by "reclassification"
2015 NY Slip Op 05584, Appellate Division, First Department

When a retiree’s [Retiree] retirement status was reclassified to “accidental disability retirement” [ADR] he asked that the change in his retirement allowance be made retroactive and his disability retirement allowance be adjusted accordingly. Citing New York City’s Administrative Code §13-252.1[2][b],* the New York City Police Pension Fund [NYCPPF] denied Retiree's request.

Retiree filed a petition pursuant to CPLR Article 78 seeking a court order directing NYCPPF to recalculated his ADR s benefits based on it having being made “retroactive” rather than being based on the date of NYCPPF's decision to reclassify his retirement status to ADR.

The Appellate Division sustained the denial of Retiree’s request for retroactive benefits. The court explained that the statute prohibited the retirement system from providing such relief, observing that the “remedy, if any, lies with legislative action.”

§13-252.1[2][b] provides that “The NYCPPF board of trustees shall consider a reclassification of the member's retirement as an accidental disability retirement effective as of the date of such reclassification” [emphasis supplied].

* New York City’s Administrative Code §13-252.1[2][b] addresses “Accidental disability retirement; World Trade Center presumption.”

The decision is posted on the Internet at:


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