Summary
The New York State and Local Employees' Retirement System denied a former correction officer's application for performance of duty disability retirement benefits because he had resigned from his DOCCS position to work for a village and subsequently retire under a different benefit scheme. The petitioner challenged the denial via a CPLR article 78 proceeding, arguing that the relevant statutes do not preclude consecutive applications for service and disability retirement. The Appellate Division, Third Department, affirmed the respondent's determination, holding that eligibility for performance of duty disability benefits under Article 14 requires the applicant to be actively employed as a correction officer at the time of retirement. The court further concluded that the Legislature did not intend to allow former correction officers to claim these benefits after electing service retirement under Article 15.
Topics
Practice areas
Questions Presented
- Whether a former correction officer who retired under article 15 is eligible for performance‑of‑duty disability retirement benefits under article 14.
- Whether the respondent’s statutory interpretation of the Retirement and Social Security Law is reasonable and supported by substantial evidence.
Holdings
- Petitioner is ineligible for article 14 performance‑of‑duty disability retirement because eligibility requires current employment as a correction officer; the respondent’s denial is affirmed.
- The respondent’s interpretation is reasonable and supported by substantial evidence; the determination is affirmed.
Key quotations
“When respondent's determination turns upon a question of statutory interpretation, this Court's principal responsibility "is to ascertain and give effect to the intention of the Legislature".” (at 1)
“The doctrine of estoppel will not provide eligibility to retirement benefits where by statute a person clearly does not qualify, even if the advice of the administrative employees was erroneous.” (at 1)
Factual background
Petitioner Charles Mussaw was a correction officer with the Department of Corrections and Community Supervision (DOCCS) who took a part‑time village job in 2015, retired under article 15 based on that village employment, and later applied for a performance‑of‑duty disability retirement under article 14, which was denied because he was no longer a correction officer at the time of retirement.
Procedural history
Petitioner applied for service retirement under article 15, later applied for disability retirement under article 14; the Retirement System denied the disability claim, a Hearing Officer affirmed, and the matter was appealed to this Court under CPLR article 78.