New York Supreme Court July 26, 1979 (Carroll v. New York City Employees' Retirement System)

OPINION OF THE COURT

Bentley Kassal, J.

issue

The issues raised on this CPLR article 78 proceeding are (1) whether a former municipal pension provision, which permitted retired employees to re-enter city service and subsequently re-retire with an additional pension, grants the employee a constitutionally protected vested right which may not be impaired by subsequent changes in the pension system,