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eBook details

• Title: Matter Dorothea Moore v. Arthur Levitt
• Author : Supreme Court of New York
• Release Date : January 20, 1980
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court at Special Term, entered in Albany County) to review a determination of the Comptroller, which denied the inclusion of overtime benefits in the computation of the final average salary of petitioners decedent. The petitioners husband, who died while this action was pending, was employed as the General Counsel to the Power Authority of the State of New York (PASNY) from April 15, 1954 until his retirement on September 16, 1971. Upon his retirement, the decedent was awarded a lump-sum payment of $12,082.17 by PASNY. One half of that amount was compensation for 30 days of unused vacation time credited to the decedent. The balance was compensation for 30 days of overtime. In computing the decedents three-year final average salary for purposes of determining his retirement, the respondent included the moneys paid for unused vacation time, but excluded from the computation the moneys paid for overtime. The exclusion of those moneys reduced the decedents final average salary and, consequently, his retirement allowance. Thereafter, the decedent requested a hearing and redetermination of the computation of his retirement allowance pursuant to subdivision d of section 74 of the Retirement and Social Security Law. After the hearing, the respondent determined that the decedent, as General Counsel to PASNY, had a basic work week which consisted of the number of hours required each week to perform his job satisfactorily. This being so, the respondent concluded that the decedents conceded long hours of employment throughout [74 A.D.2d 971 Page 972]

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