Brookhaven-Comsewogue Union Free School District v. McCall

**School District Loses Challenge to Employee's Retirement Benefits** This case involved a dispute over whether employee Elinor Wiskoff was entitled to retroactive membership in New York's public employee retirement system. The Brookhaven-Comsewogue Union Free School District had challenged a decision by the state Comptroller that granted Wiskoff the right to join the retirement system with benefits dating back to an earlier period in her employment. The court sided with Wiskoff and upheld the Comptroller's decision. The school district had tried to overturn the ruling that gave her retroactive retirement system membership, but the court rejected their petition and confirmed that Wiskoff was entitled to the retroactive benefits. **What this means for workers:** This ruling reinforces that employees have strong protections when it comes to retirement benefits they've earned. When a state agency determines that a worker is entitled to retroactive retirement system membership, employers cannot easily challenge those decisions in court. Workers who believe they may have been wrongfully excluded from retirement benefits during part of their employment should know that they may have legal recourse to recover those benefits, even years later.