New York Court of Appeals

Robert H. Kleinfeldt v. New York City…

February 18, 197536 N.Y.2d 95

Summary

The New York Court of Appeals held that subdivision 4 of section 431 of the Retirement and Social Security Law, when applied retroactively to members who entered the public retirement system before June 17, 1971, violates section 7 of article V of the State Constitution. The Court affirmed the modified judgment directing that the statutory limitation not be applied to those prior members.