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McDERMOTT v. REGAN

82 N.Y.2d 354 (1993)

624 N.E.2d 985

604 N.Y.S.2d 890

Joseph E. McDermott, Individually and as President of the Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO, et al., Respondents, v. Edward V. Regan, as Comptroller of the State of New York, et al., Respondents, and State of New York, Appellant. Edward W. Guzdek, Individually and as President of the Police Conference of New York, Inc., et al., Respondents, v. Edward V. Regan, as Comptroller of the State of New York, et al., Respondents, and State of New York, Appellant. Joseph P. Puma, Individually and as Executive Director of the New York State Inspection, Security and Law Enforcement Employees, District Council 82, American Federation of State, County and Municipal Employees, AFL-CIO, et al., Respondents, v. Edward V. Regan, as Comptroller of the State of New York, et al., Respondents, and State of New York, Appellant.

Court of Appeals of the State of New York.

Decided November 16, 1993.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General, Albany (Peter G. Crary, Jerry Boone and Peter H. Schiff of counsel), for appellant in the three above-entitled actions.

Nancy E. Hoffman, Albany, and Robert Reilly for Joseph E. McDermott and others, respondents in the first above-entitled action.

Dreyer, Boyajian & Tuttle, Albany (James B. Tuttle of counsel), for Edward W. Guzdek and others, respondents in the second above-entitled action.

Rowley, Forrest, O'Donnell & Hite P. C., Albany (Richard R. Rowley, Mark S. Pelersi and Kevin S. Casey of counsel), for Joseph P. Puma and others, respondents in the third above-entitled action.

John F. Black, Albany, and Paula L. Chester for Edward V. Regan and others, respondents in the three above-entitled actions.

Richard E. Casagrande, Albany, Jeffrey G. Plant and Elizabeth R. Schuster for Howard A. Shafer, respondent in the first above-entitled action.

Chief Judge KAYE and Judges SIMONS, TITONE, HANCOCK, JR., and BELLACOSA concur; Judge LEVINE taking no part.

SMITH, J.

The issue here is whether chapter 210 of the Laws of 1990, which changes the funding method for New York State Retirement Systems from an Aggregate Cost (AC) method to a Projected Unit Credit (PUC) method, violates article V, § 7 of the New York State Constitution, requiring that a system member's benefits not be "diminished or impaired." Supreme Court granted the plaintiffs' motions for summary...

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