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Retirement Board?s failure to make an independent evaluation of an individual?s application for disability retirement fatal to the process

Retirement Board?s failure to make an independent evaluation of an individual?s application for disability retirement fatal to the process
Schlesinger v New York City Employees' Retirement System, 2010 NY Slip Op 20123, Decided on April 7, 2010, Supreme Court, Kings County, Judge Martin Schneier

In this Article 78 action Michael Schlesinger asked the court to annul, the action of the [New York City Employees? Retirement System] denying his application for a disability retirement pursuant to Retirement and Social Security Law Section 507-c and to direct, "the respondents to retire petitioner with accident disability retirement pursuant to Retirement and Social Security Law Section 507-c."

Characterizing Schlesinger?s complaint as ?an issue of first impression in this state,? Justice Schneier granted Schlesinger?s petition.

The primary issue to resolve: was the determination by the Board of Trustees of the New York City Employees' Retirement System denying Schlesinger, a former Corrections Officer, an "accident disability retirement" pension based on a meeting of the Board of Trustees where there was no recorded vote on this request.

Judge Schneier ruled that the Board?s action under the circumstances was arbitrary, capricious, unreasonable and in violation of the law and, therefore, must be annulled.

The decision states that there was not, in fact, any vote by the Board of Trustees on Schlesinger's request for an "accident disability retirement" pension.

Although, said the court, it is well-settled that courts may not substitute their own judgment for that of administrative bodies, courts must insist that administrative bodies do, in fact, exercise their discretion.

Here, said the court, by relying, without discussion of the Medical Board's opinion concerning Schlesinger claimed disability, ?the Board of Trustees abdicated its responsibility instead of exercising it. This failure to independently consider [Schlesinger's] application meant that the decision [was] made without regard to the facts and is, therefore, arbitrary and capricious.?

Where, as here, an applicant is found disabled, the Board of Trustees is required to make an independent evaluation of causation.

Judge Schneier granted Schlesinger?s petition ed to the extent that the Board of Trustee's determination on February 12, 2009 is annulled and the matter is remanded to the Board to make an independent evaluation of whether the Schlesinger 's disability was a natural and proximate result of an accidental injury received in the "line of duty".

The decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2010/2010_20123.htm

Full post as published by New York Public Personnel Law on April 14, 2010 (boomark / email).