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1
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OPINION
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EXTRACTED KEY WORDS
LAW PENSION GENERAL MUNICIPAL LAW SUPPLEMENTAL ALLOWANCE SOCIAL SECURITY LAW AMOUNT DISABILITY PENSION CITY PAYMENT FARBER STATUTORY FIREFIGHTERS OBLIGATION PURSUANT COUNTERCLAIM LEGISLATURE MATTER APPELLANTS YORK STATE PHRASE FIRE SUPREME COURT WAGES ACCIDENTAL DISABILITY COST AMENDMENT CALCULATING LIVING ADJUSTMENT BASE PENSION |
4 No. 26
In the Matter of Arthur T. Farber,
Respondent,
v.
City of Utica and Barbara B. Barry, &c.,
Appellants.
_________________________________________________________________
2002 NY Int. 24
March 14, 2002
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
Charles N. Brown, for appellants.
Mark A. Wolber, for respondent.
New York State Conference of Mayors and Municipal Officials, amicus
curić.
_________________________________________________________________
CIPARICK, J.:
On this appeal we are asked to determine a municipality's retirement
payment obligation under General Municipal Law § 207-a. More
precisely, the issue is whether the phrase "amounts received," in
section 207-a(2) of the General Municipal Law, includes both base
pension benefits and supplemental entitlements received pursuant to
the Retirement and Social Security Law. We hold that it does.
Arthur T. Farber is a retired City of Utica firefighter. He was hired
in March 1973 and in May 1973 was seriously injured in the line of
duty while fighting a fire. The injury left Farber permanently
disabled and on October 18, 1980, the City involuntarily retired him.
Consequently, Farber receives disability retirement benefits from
three distinct statutory sources.
Pursuant to Retirement and Social Security Law § 363-c, he receives an
annual disability pension from the New York State Retirement System.
Pursuant to General Municipal Law § 207-a, he also receives from
the City the difference between the State disability pension and the
salary of active firefighters.
This appeal centers on the third statutory source of Farber's
benefits. Pursuant to Retirement and Social Security Law § 378, Farber
receives a supplemental allowance from the State.(1) Originally,
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