Hammitt v. Gaynor, 144 A.D. 368 (1911)
Before bringing a legal action to recover pension arrears, a retired city employee must first challenge the initial pension determination through a direct proceeding (e.g., mandamus) to compel the responsible official to make a correct determination.
Summary
A retired firefighter sued the trustee of the fire department relief fund, claiming he was entitled to a larger pension than he was receiving. The fire commissioner initially fixed the firefighter’s pension. The court held that the firefighter could not sue for arrears without first challenging the fire commissioner’s determination through a direct proceeding like mandamus. The court reasoned that the fire commissioner’s initial determination was a condition precedent to a legal action and that allowing suits without such a challenge would create administrative chaos within the relief fund.
Facts
The plaintiff, a member of the New York City Fire Department, retired after more than ten years of service. The fire commissioner ordered his retirement and fixed his pension at $533.33 per annum. The plaintiff claimed he was entitled to $800 per annum under the law, representing half of his previous salary. He sued the defendant, the trustee of the fire department relief fund, to recover the difference between the amount received and the amount claimed.
Procedural History
The trial court ruled in favor of the plaintiff, finding that the burden of proof was on the defendant to show that the plaintiff’s pension could be fixed at a sum less than half of his previous salary. The Appellate Division affirmed this judgment by a divided court. This appeal followed.
Issue(s)
Whether a retired member of the fire department can bring a legal action to recover arrears in pension payments without first initiating a direct proceeding (e.g., mandamus) to challenge the fire commissioner’s initial determination of the pension amount.
Holding
No, because the fire commissioner’s determination of the pension amount is a condition precedent to maintaining a legal action for arrears; the proper remedy for challenging the determination is a direct proceeding like mandamus to compel the commissioner to make a correct determination.
Court’s Reasoning
The court emphasized that the fire commissioner is responsible for determining the pension amount when a member retires. According to the court, “In every case the said fire commissioner is to determine the circumstances thereof, and said pension or allowance so allowed is to be in lieu of any salary received by such officer or member.” The court found that the firefighter should have used a direct proceeding to challenge the fire commissioner’s decision instead of directly suing for arrears. While the commissioner doesn’t have arbitrary power, their initial determination must be challenged directly before suing. Permitting lawsuits for arrears without challenging the initial determination would create administrative chaos, making it difficult to manage the relief fund and determine the legal charges against it. The court noted that “suits might be brought at any time by retiring members of the force on the claim that the retiring pension had been fixed too low.” The court stated that an administrative action, such as mandamus, is the proper route to address disputes regarding pension calculations. The court emphasized the importance of allowing the fire commissioner to consider the condition of the relief fund and outstanding pensions when determining pension amounts. The court concluded that a direct proceeding is necessary to correct any errors in the commissioner’s determination and to protect the rights of all members of the department.