Seeking credit for non-police service toward eligibility for Police Pension Fund retirement benefits
At issue here is whether Tier 3 police officers in the New
York City Police Pension Fund (PPF) who otherwise might be eligible for
retirement credit under the statutory provisions discussed in the decision may use those
provisions to apply prior non-police service toward their eligibility for retirement.
The Court of Appeals held that they may not. The court noted that plain language of Retirement and
Social Security Law §513(c)(2) limits eligible prior service for those
officers to police service.
Accordingly the Court of Appeals concluded the proceeding should be dismissed.
Click HERE to access the Court of Appeals'
decision posted on the Internet.
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NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard.
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