IN RE: Application of Arthur AHR (1997)

Order, Supreme Court, New York County (Phyllis Gangel-Jacob, J.), entered May 17, 1996, which, upon the parties' respective motions for summary judgment, declared that the provisions of the subject collective bargaining agreements confirming nonpensionable longevity bonuses do not diminish or impair plaintiffs' pension benefits in violation of article V, § 7 of the N.Y. Constitution, and are not otherwise illegal, unanimously affirmed, without costs.

The IAS court correctly declared the subject agreements legal on the ground that plaintiffs' collective bargaining agents, defendants unions, were free to waive article V, § 7's protections as to funds ordinarily included in the calculation of pension benefits in exchange for higher annual longevity bonuses, and that plaintiffs are bound by the actions taken on their behalf by defendant unions in the negotiating process (see, Ballentine v. Koch, 89 N.Y.2d 51, 58, 651 N.Y.S.2d 362, 674 N.E.2d 292;  City of New York v. MacDonald, Sup.Ct.N.Y.County, June 20, 1993, Evans, J., index No. 45920/92, affd. 213 A.D.2d 287, 624 N.Y.S.2d 827, app. dismissed, lv. denied 86 N.Y.2d 773, 631 N.Y.S.2d 600, 655 N.E.2d 696).

MEMORANDUM DECISION.