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O'DWYER v. NYC RET.

49 N.Y.2d 446 (1980)

In the Matter of Paul O'Dwyer, Appellant, v. New York City Employees' Retirement System, Respondent.

Court of Appeals of the State of New York.

Decided February 20, 1980.

Attorney(s) appearing for the Case

Thomas J. Hughes, Jr., for appellant.

Allen G. Schwartz, Corporation Counsel (Alexander J. Wulwick and Carolyn E. Demarest of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in Per Curiam opinion.

Per Curiam.

A former member of the New York City Employees' Retirement System who at the time his membership was terminated had no statutory right in consequence of his having been a former employee of the city to rejoin that system but who later returned to city-service and again became a member of the retirement system is not entitled to the benefits of the system in effect at the time of his original membership...

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