LEVITT v. CITY OF UTICA


57 A.D.2d 693 (1977)

Arthur Levitt, as Comptroller of The State of New York, Respondent, v. City of Utica, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 28, 1977


In 1939, upon the insolvency of its employee pension plan, the defendant City of Utica voluntarily joined the New York State Employees' Retirement System. To cover past service liability it was determined that the city would make an annual deficiency contribution at the rate of 25.033% of its payroll. Although the original deficiency contribution period was 30 years, the period was extended to 40 years to accommodate increased retirement benefits. In 1967, however, the city...

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