April 24, 2020

A CPLR challenge to an administrative determination is subject to a four-month statute of limitations

Challenges to the Retirement Systems' calculation of a member's pension benefit, an administrative determination, may be challenged to CPLR Article 78 but such a challenge is subject to a four-month statute of limitations.

In this Article 78 action a member of the New York City Teachers' Retirement System objected to the exclusion of his 2011 summer pay from the calculation of his pension benefit.* The member did not initiate a judicial challenge to the Retirement System's decision, which decision became final and binding upon member in October 2011, when he received his benefits letter from the Retirement System. 

In 2017 the member received a response to the member's inquiry concerning his pension benefit stating the "there is nothing further than can be done." 

In dismissing the member's Article 78 decision the Appellate Division opined that the Retirement System's response to the member's letter in 2017 "did not extend the [Article 78] limitations period" for bringing a timely action.

As the Appellate Division held in Baloy v Kelly, 92 AD3d 521, a request for reconsideration of an administrative determination neither extends nor enlarges the statute of limitation for filing a timely Article 78 petition.


* Essentially the retirement allowance payable to a retired member of a New York public retirement system consists of two part, a pension portion determined by the members "final average salary" and "years of service credit" and an annuity portion to which the member has made employee contributions.

The decision is posted on the Internet at:

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. AGAIN, 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 neither the publisher nor members of the staff are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is advised to seek such advice from a competent professional.