Applying compensation limitations retroactively

Applying compensation limitations retroactivelyPeople v Edward J. Murphy, 235 A.D.2d 554In 1993 certain limitations on the amount of compensation that a BOCES Superintendent could receive were enacted into law [Chapter 295, Laws of 1993].In the Murphy case the Appellate Division concluded that the limitations set out in Chapter 295 did not apply retroactively.The case arose when the State attempted to recover a portion of what the Appellate Division described as an "overly generous BOCES compensation package (which included extensive sick and vacation leave time and the right to liquidate this leave at full-pay)" granted to its then BOCES Superintendent Edward J. Murphy.The Court said that "while improvident, BOCES' offer to Murphy, and his acceptance of the overly generous BOCES compensation package … did not violate any articulated public policy." Further, the Court ruled that although the law now places a limitation on the amount of…

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