A former New York Police Department detective who quit after being charged with sex offenses is not entitled to 9/11-related pension benefits afforded to active and retired members of the Police Pension Fund, a Manhattan judge has held.

Acting Supreme Court Justice Kathryn Freed (See Profile) in Tuitt v. State of New York, 400133/2013, upheld the constitutionality of a provision in the New York City Administrative Code creating the so-called “WTC-presumption” that an injury arising from search and recovery efforts following the terrorist attacks on the World Trade Center were incurred “in the performance and discharge of [one's] duty.” She also refused to certify a class action.