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MATTER OF WALLON v. NEW YORK STATE TEACHERS' RETIREMENT SYSTEM

294 A.D.2d 644 (2002)

741 N.Y.S.2d 597

In the Matter of THOMAS WALLON, Appellant-Respondent, v. NEW YORK STATE TEACHERS' RETIREMENT SYSTEM, Respondent-Appellant.

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

Decided May 2, 2002.

Rose, J.

Petitioner, a member of respondent since 1965, retired from his position as an elementary school principal with the Avon School District in July 1998. In September 2000, respondent excluded the District's payments of $21,500 to petitioner's tax-sheltered annuity and $14,793.43 in lieu of health insurance from its calculation of his final average salary (hereinafter FAS). Although these payments were made pursuant to a 1996 collective bargaining agreement...

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