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MATTER OF McGARRIGLE v. CITY OF NEW YORK

23 A.D.3d 196 (2005)

803 N.Y.S.2d 529

In the Matter of DAVID McGARRIGLE et al., Respondents, v. CITY OF NEW YORK et al., Appellants.

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

November 3, 2005.

In 1990, the Legislature created a 20-year retirement program for New York City correction members below the rank of captain (Retirement and Social Security Law § 504-a). McGarrigle became a member of that program in 1991, after electing to join it rather than the distinct retirement program he had joined in 1982. In 1991, and at all times thereafter, one of the benefits of McGarrigle's membership in the 20-year retirement program was the right to a pension of 50% of...

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