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HEATH v. NEW YORK STATE TEACHERS' RET. BD.

79 A.D.2d 838 (1980)

Robert C. Heath, Appellant, v. New York State Teachers' Retirement Board, Respondent

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

December 31, 1980

Plaintiff, a member of the New York State Teachers' Retirement System, commenced this action seeking a judgment declaring that sections 533 and 535 of the Education Law, as amended, violate section 7 of article V of the State Constitution, which provides that membership in the retirement system "shall be a contractual relationship, the benefits of which shall not be diminished or impaired". The challenged provisions of the Education Law altered the pension formula by increasing...

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