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MTR LIPPMAN v. BD. OF EDUC.

104 A.D.2d 123 (1984)

In the Matter of Blossom Lippman et al., Respondents, v. Board of Education of the Sewanhaka Central High School District, Appellant, et al., Respondents

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

November 29, 1984

Attorney(s) appearing for the Case

Douglas E. Libby for appellant.

Robert D. Clearfield (Harold G. Byer, Jr., of counsel), for Blossom Lippman and others, respondents.

Robert Abrams, Attorney-General (John Q. Driscoll and William J. Kogan of counsel), for Edward V. Regan, State Comptroller, amicus curiae.

MAIN, J. P., MIKOLL, YESAWICH, JR., and HARVEY, JJ., concur.

CASEY, J.

At issue on this appeal is whether the contributions by respondent Board of Education of the Sewanhaka Central High School District to its retired teachers' health insurance premiums constitute contractual pension benefits which may not be impaired under section 7 of article V of the New York State Constitution. We hold that such contributions are not constitutionally protected pension benefits and...

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