N.Y. JUD Law § 207 — New York Code / Act JUD / Article 7 / Section 207
Retirement of officers and employees by the judges of the county court of Kings county
Status: in_force

§ 207. Retirement of officers and employees by the judges of the\ncounty court of Kings county. 1. The judges of the county court of the\ncounty of Kings are hereby authorized, in their discretion, to retire\nany clerk, deputy clerk, assistant clerk, record clerk, stenographer,\ninterpreter, chief court attendant, assistant chief court attendant,\ncourt attendant, probation officer, detective, warden of the grand jury,\nmessenger, or any other attache of said court, who shall have served as\nsuch in the said court and who shall have become physically or mentally\nincapacitated for the further performance of the duties of his position,\nprovided, however, that such person shall have been employed prior to\nsuch retirement for at least twenty years in the aggregate in one or\nmore of such positions heretofore mentioned, or provided that such\nperson immediately prior to such retirement shall have been employed\ncontinuously for at least ten years in one or more of such positions and\nin addition thereto shall have also served or been employed at any time\nprior thereto in one or more places or positions in any court,\ndepartment or office of the state or of the county of Kings or city of\nNew York, provided, however, such combined employment shall aggregate at\nleast twenty years. Any person or persons retired from service pursuant\nto this subdivision shall be paid out of the funds apportioned to the\nsaid court an annual sum for annuity to be determined by the said judges\nof the court, but not exceeding one-half of the average amount of his\nannual salary or compensation for a period of two years preceding the\ntime of such retirement. Such annuity shall be paid in equal monthly\ninstallments during the lifetime of the person or persons so retired.\n  2. Any clerk, deputy clerk, assistant clerk, record clerk,\nstenographer, interpreter, chief court attendant, assistant chief court\nattendant, court attendant, probation officer, detective, warden of the\ngrand jury, messenger, or any other attache of the county court of Kings\ncounty, who shall have served as such in the said court and who shall\nhave been employed for at least twenty-five years in the aggregate in\none or more of such positions or who shall have immediately prior to\nretirement been employed continuously for at least twelve and one-half\nyears in one or more of such positions and in addition thereto shall\nhave also served or been employed at any time prior thereto in one or\nmore places or positions in any court, department or office of the state\nor of the city of New York or county of Kings, provided, however, that\nsuch combined employment shall aggregate at least twenty-five years,\nshall upon his own application in writing to the said judges of the\ncounty court of Kings county be retired by the said judges, and shall be\nawarded, granted and paid an annual sum for annuity equal to one-half of\nthe average amount of his annual salary or compensation for a period of\ntwo years preceding the time of such retirement. Any employee heretofore\nmentioned in this section who after twenty years' service in the manner\nheretofore prescribed in subdivision one of this section loses such\nposition or employment without any fault or misconduct on his part,\nshall be retired by such judges as of the date of the loss of his\nposition or employment, provided, however, the said employee so losing\nhis position or employment shall have within one full calendar month\nafter the loss of such position or employment, made, or had application\nmade on his behalf in writing for such retirement, and shall be awarded,\ngranted and paid an annual sum for annuity equal to as many\ntwenty-fifths of one-half of the average amount of his annual salary or\ncompensation for a period of two years preceding the date of the loss of\nhis position or employment as he has served aggregate years. Such\nannuity shall be paid in equal monthly installments during the lifetime\nof the person or persons so retired. Any person or persons retired from\nservice pursuant to this section, shall be paid by the comptroller of\nthe city of New York, upon the order of the judges of said court in the\nsame manner that the salaries or wages of his former position were\ncustomarily paid to him, and the same shall be a charge upon the funds\nor moneys in the custody of the said comptroller, in like manner as are\npayments to the employees of said court: provided, however, that the\nfunds or moneys in his custody, to the credit of the retirement fund, as\nhereinafter mentioned, and any funds apportioned to the county court of\nKings county, be first applied to such payments.  No employee in service\nat the time this section takes effect shall be retired pursuant to this\nsubdivision unless within one full calendar month after this section\ntakes effect he shall have signified his intention in writing to the\nsaid judges that he desires to take advantage of this section. The said\njudges of the county court of Kings county shall forthwith upon receipt\nof such notice or notices forward to the comptroller of the city of New\nYork the names of all persons who have signified their intention to take\nadvantage of this subdivision pursuant to the provisions thereof. The\ncomptroller of the city of New York shall at the end of the second full\ncalendar month after this section takes effect and at the end of each\nfull calendar month thereafter deduct and retain monthly from the salary\nor compensation of each employee entitled to take advantage of this\nsubdivision who has signified in the manner aforesaid his intention to\ntake advantage thereof, and of each employee entitled to take advantage\nof the subdivision who may hereafter be employed or appointed, three per\ncentum of his monthly salary. Such moneys so deducted or retained as\naforesaid shall by the said comptroller be paid into what shall be known\nas the retirement fund, which fund and all moneys which shall form a\npart thereof as hereinafter provided, or thereafter accrue to it, shall\nbe held by said comptroller for the purposes of this section with his\nusual powers of disposition and investment, subject, however, to the\ndirection, control and approval of the said judges of the county court\nof Kings county. Every person to whom this subdivision applies who shall\nhave signified his intention to take advantage thereof, who shall\ncontinue in his employment after this section takes effect, as well as\nevery person to whom this subdivision applies, who may hereafter be\nemployed or appointed to a position or place, shall be deemed to consent\nand agree to the deduction made and provided for herein and shall\nreceipt in full for his salary or compensation and such payment shall be\na full and complete discharge and acquittance of all claims or demands\nwhatsoever for the services rendered by such person during the period\ncovered by such payment.\n  3. Upon the death of a member of this retirement system, there shall\nbe paid to his estate, or to such person having an insurable interest in\nhis life as he shall have nominated by written designation, duly\nexecuted and filed with the comptroller of the city of New York, his\naccumulated deductions.\n