Summary
In Matter of Aitken v City of Mount Vernon (200 AD2d 667, 668), this Court stated that: "The Court of Appeals has held that the phrase `regular salary or wages', as employed in General Municipal Law § 207-a (2), 'includes prospective salary increases given to active fire fighters subsequent to the award of an accidental disability retirement allowance or pension' (Matter of Mashnouk v Miles, 55 NY2d 80, 88).
Summary of this case from In re Sandi SchadeOpinion
January 24, 1994
Appeal from the Supreme Court, Westchester County (LaCava, J.).
Ordered that the judgment is affirmed, with costs.
The petitioners were firefighters employed by the City of Mount Vernon who had become disabled as a result of injuries sustained in the performance of their duties and, consequently, were receiving their "regular salary or wages" pursuant to General Municipal Law § 207-a (2). The petitioners claimed that they were entitled to longevity pay increases as part of their "regular salary or wages". The collective bargaining agreement between the city and the petitioners' union provided for rate increases after a firefighter had been employed a certain number of years. The city denied the petitioners' request and the petitioners commenced the instant proceeding. The Supreme Court held that longevity pay was part of the petitioners' "regular salary or wages" and ordered the city to pay each petitioner full benefits including longevity pay. We agree.
The Court of Appeals has held that the phrase "regular salary or wages", as employed in General Municipal Law § 207-a (2), "includes prospective salary increases given to active fire fighters subsequent to the award of an accidental disability retirement allowance or pension" (Matter of Mashnouk v. Miles, 55 N.Y.2d 80, 88). Other courts have repeatedly held that the term "regular salary or wages" includes any subsequent raises in salary given to active firefighters in the same grade or title held by the injured firefighter at the time of the injury (see, Matter of Drahos v. Village of Johnson City, 80 A.D.2d 106; Pease v. Colucci, 59 A.D.2d 233; Matter of Barber v. Lupton, 282 App. Div. 100 8, affd 307 N.Y. 770; Matter of Birmingham v. Mirrington, 284 App. Div. 721). Moreover, an Opinion of the State Comptroller has specifically concluded that a disabled retired firefighter receiving payments pursuant to General Municipal Law § 207-a (2) is entitled to longevity salary increments (1991 Opns St Comp No. 91-25). Accordingly, we find that longevity pay constitutes "regular salary or wages" under General Municipal Law § 207-a (2) and the petitioners are entitled to such increases. Mangano, P.J., Balletta, Santucci and Hart, JJ., concur.