06/10/2026
June 2026 - In response to the filing of an Article 78 Proceeding by Chet Lukaszewski, the Board of Education Retirement System (BERS), chose not to litigate the matter, and willingly took back an Accident Disability Retirement (ADR) application for reconsideration. The case involved a School Nurse who was exposed to COVID-19 in the line of duty while performing out of the ordinary job duties and rendered disabled for her job title as a result. BERS and its Medical Board found the applicant not to be entitled to an ADR pension, but instead only a less valuable Ordinary Disability Retirement pension. Upon receipt of the Notice of and Verified Petition, and Memorandum of Law, the New York City Law Department on behalf of BERS, stipulated to take the case back and not put it before a Judge for decision. On reconsideration, BERS changed its opinion and granted an ADR pension.