April 10, 2020

Challenges to the exclusion of certain compensation in the calculation of a member of a retirement system's pension benefit must be timely filed

Supreme Court granted the New York City Teachers' Retirement System's [CTRS] motion to dismiss an Article 78 action brought by a teacher [Educator] challenging its calculation of his retirement allowance. CTRS had argued that the Educator's action was untimely filed. 

Educator had challenged CTRS' calculation of the pension portion of his retirement allowance that had excluded his 2011 summer pay compensation in determining his retirement allowance in August, 2011. 

The Appellate Division unanimously affirmed the lower court's ruling, explaining that Educator was required to have filed his Article 78 petition challenging CTRS' decision within the applicable four-month statute of limitations, which began to run when CTRS' decision concerning the pension portion of Educator's retirement benefit became "final and binding on him" in October 2011 when Educator received "his benefits letter" from CTRS.

Further, said the Appellate Division, Educator's receipt of a letter from CTRS dated February 22, 2017 responding to his inquiry concerning his pension benefit stating that "there is nothing further than can be done" did not serve to extend the limitations period for Educator's bringing a timely Article 78 action.

The decision is posted on the Internet at:



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