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New York City’s Decision Not to Apply Increased Take Home Pay Benefit to Police Officers and Firefighters Struck Down

In a full-fledged opinion by Justice Acosta, the First Department determined that the “City of New York’s decision to not apply an increased-take-home-pay (ITHP) benefit to police officers and firefighters placed into Tier III of the retirement system after July 1, 2009, and to continue deducting 3% of their wages towards their retirement benefits, violates Retirement and Social Security Law (RSSL) [section] 440(b)” and supports a cause of action for “common-law conversion of the deducted wages.”  Lynch v City of New York, 2013 Slip Op 03581, 1st Dept, 5-16-13

 

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