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July 24, 2024

A member of the New York City's Education Retirement System retired based on the System's erroneous representation she was eligible to do so must file a timely CPLR Article 78 seeking retirement benefits denied her

The New York City Board of Education Retirement System [Retirement System] initially placed the Plaintiff in its "Age 57 Early Retirement Program". Plaintiff retired on April 21, 2019, allegedly based upon representations by the Retirement System that she was eligible to retire and started receiving retirement benefits.

The Retirement System subsequently notified Plaintiff that it had determined that placing Plaintiff in the 57/5 program was an error, and that she should have been placed in the "25-Year Early Retirement Program". As Plaintiff was not yet eligible to retire, Retirement System gave the Plaintiff several options to address her premature retirement. Plaintiff elected to return to service for approximately 10 months until she was credited with 25 years of service and then file for retirement under the 55/25 program.

In October 2021, Plaintiff commenced an action seeking a judgment declaring that Retirement System was estopped from denying the Plaintiff's entitlement to retirement benefits "for the period from April 21, 2019, to the date that she returned to service or, in the alternative, to recover damages for breach of fiduciary duty, negligent misrepresentation, and negligence." Supreme Court granted Retirement Systems motion to dismiss Plaintiff's action as "time barred" and Plaintiff appealed Supreme Court's ruling.

Citing Walton v New York State Dept. of Correctional Servs., 8 NY3d 186, the Appellate Division sustained the Supreme Court's decision, noting "where [the] proceeding could have been brought pursuant to CPLR Article 78, the four-month statute of limitations applicable to such proceedings applies". In the words of the Appellate Division, "although the complaint sought declaratory relief or monetary damages, the gravamen of the complaint concerned [Plaintiff's] challenge to the Retirement System's determination dated August 7, 2019, that her retirement as of April 21, 2019, was premature due to her erroneous placement in the 57/5 program...."

As the damages sought by Plaintiff concerning her unpaid retirement benefits for the period from her retirement on April 21, 2019, to the date that she returned to service arose from and were incidental to the Retirement System's determination dated August 7, 2019, Plaintiff could have commenced a CPLR Article 78 proceeding to challenge the Retirement System's determination dated August 7, 2019, and "the four-month statute of limitations applicable to such proceedings applies".

Click HERE to access the Appellate Division's 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. 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 posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
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