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ELMIRA TEACHERS' ASSN. v. ELMIRA CITY SCHOOL DIST.

504289.

2008 NY Slip Op 06010

ELMIRA TEACHERS' ASSOCIATION, by its President, DOUGLAS S. MARTIN, ET AL., Respondents-Appellants, and ROBERT BAILEY ET AL., Respondents, v. ELMIRA CITY SCHOOL DISTRICT ET AL., Appellants-Respondents. (Action No. 1.) DONALD W. MORSE, Respondent, v. ELMIRA CITY SCHOOL DISTRICT et al., Appellants. (Action No. 2.)

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

Decided and Entered: July 3, 2008.

Attorney(s) appearing for the Case

Webster Szanyi, L.L.P., Buffalo (Jeremy A. Colby of counsel), for Elmira City School District and others, appellants.

James R. Sandner, New York State United Teachers, Latham (James D. Bilik of counsel), for respondents-appellants.

Hutchison & Maio, Elmira (Mark P. Hutchison of counsel), for Donald W. Morse, respondent.

Arthur P. Scheuermann, School Administrators Association of New York State, Latham (Robert T. Fullem of counsel), for Robert P. Bailey and others, respondents.

Before: Cardona, P.J., Mercure, Lahtinen, Kane and Kavanagh, JJ.

MEMORANDUM AND ORDER

CARDONA, P.J.

In February 2001, defendant Elmira City School District entered into a contract with Horizon Benefits Administration, Inc. to act as the third-party administrator of the District's retirement savings plan offered to employees under section 403 (b) of the Internal Revenue Code. Although participation in the plan was voluntary, employees who chose to participate were required to enter into a salary reduction agreement (hereinafter...

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