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.