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NUSSBAUM v. NEW YORK CITY EMPLOYEES' RET. SYS.

53 N.Y.2d 1018 (1981)

Aaron Nussbaum, on Behalf of Himself and All Others Similarly Situated, Appellant, v. New York City Employees' Retirement System, Respondent.

Court of Appeals of the State of New York.

Decided June 9, 1981.

Attorney(s) appearing for the Case

Aaron Nussbaum, pro se, and Murray Rudman for Aaron Nussbaum, appellant.

Allen G. Schwartz, Corporation Counsel (Pamela Seider Dolgow and Ronald E. Sternberg of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be modified, with costs to defendant, in accordance with this memorandum, and, as so modified, affirmed.

For the reasons stated by the Appellate Division, plaintiff was not unconstitutionally denied vested pension rights by legislation which created an additional, optional pension plan. Plaintiff could have remained in the existing plan without any of his rights...

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