Determining the compensation to be included when calculating the final average salary of a New York City Employees Retirement System member

Determining the compensation to be included when calculating the final average salary of a New York City Employees Retirement System memberBenjamin v New York City Employees Retirement Sys., 2019 NY Slip Op 01593, Appellate Division, Second DepartmentWhen the New York City Employees Retirement Systems [NYCERS] failed to included the compensation Plaintiff had received from the City University of New York [CUNY] in addition to his compensation from the New York City Housing Authority [Authority] in the calculation of his final average salary for the purposes of determining the pension portion of his  retirement allowance, Plaintiff file a CPLR Article 78 petition naming NYCERS, the City of New York Department of Citywide Administrative Services, and CUNY as respondents [hereinafter jointly Defendants]. Plaintiff contended that NYCERS should have included his CUNY compensation in the determination of his final average…

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