(DOWNLOAD) "Matter Michael Limongelli v. New York State Employees' Retirement System Et Al." by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: Matter Michael Limongelli v. New York State Employees' Retirement System Et Al.
- Author : Supreme Court of New York
- Release Date : January 02, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 79 KB
Description
Petitioner was employed by the Old Brookville Police Department in Nassau County from June 1957 until January 1978, when he commenced employment with the Town of Hempstead. As a member of respondent State Policemen's and Firemen's Retirement System (hereinafter PFRS), petitioner had the option, upon accepting employment with the Town, of transferring his PFRS membership to respondent State Employees Retirement System (hereinafter SERS) on retaining his PFRS membership and have all but the annuity portion of his PFRS pension held in abeyance during his employment with the Town (see, Retirement and Social Security Law ? 40 [c] ). The latter choice required petitioner, who was then 43 years old, to opt for ""retired status"" in the PFRS, which allowed him to receive his PFRS pension immediately after his employment with the Town ended regardless of his age. Petitioner subsequently undertook to officially retire under the PFRS and began to receive the annuity portion of his PFRS pension. Had petitioner not chosen retirement status but instead transferred his PFRS membership to SERS, he would have been ineligible to receive his pension until he reached age 55. Petitioner subsequently worked for the Town until December 1987. Petitioner then obtained employment with a local school district in May 1988 and worked there until January 1989. At that time, petitioner allegedly was advised by his accountant that had he chosen to transfer his PFRS membership to the SERS, his pension would be $10,000 greater than the combination of the two individual pensions he would presently receive. Petitioner sought to have the PFRS membership transferred retroactively, claiming he was never given that option and that ""the Retirement System informed me [in 1978] that I should officially retire from the police"". Respondent Comptroller responded that there was no evidence that petitioner was misinformed of his options at the time of his retirement in 1978 and that respondents lacked the authority to alter his current status.