The commencement or maintenance of an action for the recovery of payments which have become due under the terms of a written agreement providing for the payment of a pension or retirement compensation or deferred compensation for a period of years or for life, whether or not such agreement is part of an employment contract, shall not be deemed to bar subsequent actions to recover payments thereafter becoming due under the terms of such agreement.
§ 3003.Action for periodic payments due under pension or retirement contract no bar to action for future installments
Article 30. Remedies and Pleading · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 3003 makes clear that suing to collect pension, retirement, or deferred compensation payments already due does not bar a later suit for installments that come due afterward, whether or not the arrangement is part of an employment contract.
Full Text of CPLR 3003
Plain-English Summary
Pension, retirement, and deferred compensation agreements often pay out over years, sometimes for life. Without a rule like this, a defendant could argue that a plaintiff who already sued once to collect past-due installments has used up its one chance to sue on that agreement, and that later installments should have been claimed the first time around.
CPLR 3003 forecloses that argument. Suing for payments that have already become due under such an agreement does not bar a later action to recover installments that become due afterward. Each round of payments can be pursued as it comes due, regardless of whether the agreement is part of an employment contract or stands on its own.
Frequently Asked Questions
Can I sue again for pension payments that came due after my first lawsuit?
Yes. CPLR 3003 says suing for payments already due under a pension or retirement agreement does not bar later actions to recover installments that become due afterward.
Does CPLR 3003 apply to deferred compensation plans?
Yes. The section covers written agreements paying a pension, retirement compensation, or deferred compensation for a period of years or for life.
Will a court say I split my claim if I sue for pension installments twice?
No. CPLR 3003 exists specifically to prevent that argument, allowing separate suits for installments as they successively come due.
Does it matter if my pension is part of an employment contract under CPLR 3003?
No. The section applies whether or not the agreement providing for the pension or retirement compensation is part of an employment contract.
What is the point of CPLR 3003 for retirees collecting periodic payments?
It lets someone owed periodic pension or retirement payments sue as each installment falls due, without risking that an earlier suit already used up the right to collect later installments.
Advisory Committee Notes
Except for minor language changes, this section is the same as CPA § 112-i, added in 1956. Laws 1956, c 918. The former section was erroneously numbered “121-i” at the time of its enactment.
Amendment History
Add, L 1962, ch 308, § 1, eff Sept 1, 1963.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
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