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Oct 9, 2025

Purchasing membership credit in the New York City Teachers' Retirement System does not change the member's effective date of such membership in the retirement system

Supreme Court denied Petitioner's CPLR Article 78 action appealing the denial of his application for World Trade Center Retirement Benefits [WTCRB] based on his purchasing membership credit in the New York City Teachers Retirement System [NYCTRS] and dismissed the proceeding. The Appellate Division affirmed the Supreme Court's ruling without costs.

Concluding that the Supreme Court's decision was correct and had a rational basis, the Appellate Division said that the record demonstrates that Petitioner was not a member of NYCTRS until 2005, notwithstanding his purchase of prior service retirement credit. Accordingly, Petitioner was not entitled to WTCRB retirement benefits as the applicant for WTCRB must have been a member of NYCTRS on September 11, 2001.

In the words of the Appellate Division, "Petitioner provided no legal authority for his claim that his 2005 purchase of [NYCTRS] service credit backdated his [NYCTRS] membership".

The Appellate Division's decision also notes that Petitioner's activities in the vicinity of the World Trade Center on September 11, 2001 involved assisting people by providing directions on how to get home or out of Manhattan on foot. Such activities, said the Court, were not part of the World Trade Center "rescue, recovery and cleanup operations" nor were they part of his job duties as a teacher.

Click HERE to access the Appellate Division's decision posted on the Internet.


NYPPL Publisher 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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