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Court: No arbitration for government retirement plan disputes

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in Employment Law,Human Resources

by Christopher T. Kurtz and Subhash Viswanathan, Esqs., Bond, Schoeneck & King, PLLC

A state appeals court has reversed a lower court ruling and held that the city of Yonkers’ refusal to reimburse new employees for their statutorily required Tier V retirement plan contributions was not subject to arbitration.

Our firm—Bond, Schoeneck & King—represented the city of Yonkers in the litigation.

Retirement plan at issue

The dispute arose in connection with the 2009 enactment of Article 22 of New York’s Retirement and Social Security Law (Tier V). Among other changes, Tier V provides that those who join the Police and Fire Retirement System (PFRS) on or after Jan. 10, 2010, must “contribute 3% of their salary towards the ... retirement [plan] in which they are enrolled.” 

Before enactment of Tier V, the city and the Yonkers Firefighters union were parties to a collective-bargaining agreement that expired on June 30, 2009. Like man...(register to read more)

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