The Matter of Patrick J. Lynch v. City of New York

Summary

The Court held that tier 3 New York City police officers may not count prior non‑police public employment toward retirement eligibility because the plain language of Retirement and Social Security Law § 513(c)(2) limits creditable service to that available to tier 2 officers before July 1, 1976. The Court also affirmed that the 2002 settlement agreement does not extend such benefits to tier 3 officers and that the Supreme Court properly converted the action to an article 78 proceeding.