HUGHEY v. METROPOLITAN TRANSP. AUTH.

654427/16 6099 6098.

159 A.D.3d 596 (2018)

74 N.Y.S.3d 16

2018 NY Slip Op 02129

EDWARD HUGHEY, Appellant, v. METROPOLITAN TRANSPORTATION AUTHORITY et al., Respondents.

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

Decided March 27, 2018.


Plaintiff retired at age 63.49 in 2013, from a position with the Long Island Rail Road, an MTA subsidiary. Commuter rail employees, such as plaintiff, receive Tier II pension benefits after the requisite years of service under the Railroad Retirement Act. In addition, MTA employees receive pension benefits from the MTA Pension Plan. The MTA Pension Plan, at article 3.07 (a) (ii), had an offset provision that reduced the amount of benefits payable under the Plan by the benefits...

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