Bookhout v. Levitt, 43 N.Y.2d 612 (1978)
Elected public officials who head their own departments and determine their own hours are generally not entitled to additional retirement service credit for accumulated unused sick leave, as sick leave is considered a term and condition of employment inapplicable to such offices.
Summary
This case concerns retired elected officials from Otsego County seeking additional service credit for unused sick leave to enhance their retirement allowances. The Comptroller denied their claims, arguing that sick leave benefits are not applicable to elected officials. The Appellate Division modified this decision, granting credit for sick leave but not for unused vacation time. The New York Court of Appeals reversed, holding that elected officials, who control their own work hours, are not entitled to sick leave credit because sick leave is a condition of employment, not an attribute of elected office.
Facts
Petitioners Bookhout, Jones, Loomis, and Atwell were retired elected public officials of Otsego County, serving as Surrogate, County Treasurer, County Judge/Family Court Judge, and County Clerk, respectively. Upon retirement, they sought to include accumulated unused sick leave in the calculation of their pension benefits. The New York State Employees’ Retirement System denied their requests. Otsego County had adopted a resolution in 1970 electing to provide benefits under Section 41(j) of the Retirement and Social Security Law, which concerned allowance for unused sick leave.
Procedural History
The petitioners sought hearings and redeterminations of their retirement allowances under Section 74 of the Retirement and Social Security Law, which were denied by the Comptroller. They initiated an Article 78 proceeding for recomputation of their retirement allowances. The Appellate Division modified the Comptroller’s determination, granting additional service credit for unused sick leave but denying credit for lump-sum payments for unused vacation time. The Comptroller appealed the sick leave credit portion to the Court of Appeals.
Issue(s)
Whether retired elected public officials who headed their own departments are entitled to additional service credit for accumulated unused sick leave in the calculation of their retirement allowances.
Holding
No, because sick leave is a term and condition of employment inapplicable to elected officials who have broad discretion over their work schedules and are not subject to the same attendance rules as typical employees.
Court’s Reasoning
The Court of Appeals reasoned that while Section 33 and Section 41(j) of the Retirement and Social Security Law allow participating employers to elect to provide benefits for unused sick leave, these provisions do not apply to elected officials. The court emphasized that the nature of the petitioners’ offices allowed them to determine their own hours of work within broad limits. They were compensated for performing the duties of their respective offices, not under a contract of employment, but as an incident of holding the office. The court stated, “Sick leave is a term and condition of employment (see Civil Service Law, § 204) which is not an attribute of or applicable to public offices held by elected officials.” The court noted the inconsistency of granting credit for unused sick leave when there was no maximum time allowable for their absences due to sickness. The court emphasized, “Since there was no maximum time allowable for their sick leaves, or more correctly for their absences because of sickness, an instance would not have arisen requiring reimbursement by them for an excess of sick leave taken and, by the same token, credit should not be granted for any claimed unused sick leave.”