Evaluating the inclusion of "longevity allowance payments" in computing an employee's final average salary for retirement benefit purposes

Posted on August 17, 2018 by lawhukukinet

Evaluating the inclusion of "longevity allowance payments" in computing an employee's final average salary for retirement benefit purposesBohlen v DiNapoli,2018 NY Slip Op 05720, Appellate Division, Third DepartmentIn this action Petitioners ask the court to review the Comptroller determination excluding certain compensation from the final average salary in calculating the retirement benefits of 11 long-term, executive level key employees [Petitioners] of the Port Authority of New York and New Jersey [Authority], all members of New York State and Local Employees' Retirement System [System].After the September 11, 2001 terrorist attack on the World Trade Center that resulted in the destruction of its headquarters, the loss of virtually all of its records and the death of over 70 of its employees, the Authority elected to participate in a temporary retirement incentive program that was passed by the Legislature for employees who were members of the System but…

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