Martone v. New York State Teachers' Retirement System
Opinion of the Court
Appeal from a judgment of the Supreme Court at Special Term (Cholakis, J.), entered August 30,1983 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, for a recomputation of his retirement allowance.
Petitioner was employed by the Sewanhaka Central High School District as its director of physical education and athletics. In 1980, he elected to collect a bonus known as a “longevity option” which the district provided for those employees with 20 or more years of service and which was the equivalent of 30% of one year’s salary. Petitioner opted to collect this bonus by receiving an additional 10% of his salary over three school years: 1979-1980, 1980-1981 and 1981-1982. Petitioner retired effective June 30, 1982. However, at the request of the district, he worked the first two weeks of July, 1982 in order to provide a smooth transition for his successor.
When respondent calculated petitioner’s retirement benefits by averaging petitioner’s final average salary for the last five years of his employment (see Education Law, § 501, subd 11, par a), it did not factor in the amounts which petitioner received via the longevity option ($10,909) nor the extra pay he received for working two extra weeks in July, 1982 ($1,896.76). Petitioner objected to these omissions and brought the instant CPLR article 78 proceeding for an order directing the recalculation of his benefits with the inclusion of these additional sums. Special Term dismissed the petition and this appeal ensued.
Pursuant to section 501 (subd 11, par b) of the Education Law, retirement benefits are to be based on the applicant’s “final average salary”, which is defined as: “the average regular compensation earned as a teacher during the three years of actual
Similarly, we reject petitioner’s contention that respondent should have included in its calculations his salary for the two extra weeks which he worked in July, 1982. This compensation was extraordinary, as evidenced by the fact that it was unprovided for in petitioner’s contract and was for work which extended beyond the term of the regular school year and was necessitated by petitioner’s retirement. It does not fit the statutory definition of “regular compensation” as required by section 501 (subd 11, par b) of the Education Law.
Since there is a rational basis for respondent’s application of the statutory language on both issues presented, Special Term properly dismissed the petition (see Sherman v New York State Teachers’ Retirement System, 50 NY2d 980; Matter of Howard v Wyman, 28 NY2d 434, 438).
Judgment affirmed, without costs. Mahoney, P. J., Kane, Main, Mikoll and Levine, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.