NY Jud L § 207 (2021)
2021 New York Laws JUD - Judiciary Article 7 - County Court 207 - Retirement of Officers and Employees by the Judges of the County Court of Kings County.

§  207.  Retirement  of  officers  and  employees by the judges of the   county court of Kings county. 1. The judges of the county court  of  the   county  of  Kings  are hereby authorized, in their discretion, to retire   any clerk, deputy clerk, assistant clerk,  record  clerk,  stenographer,   interpreter,  chief  court  attendant,  assistant chief court attendant,   court attendant, probation officer, detective, warden of the grand jury,   messenger, or any other attache of said court, who shall have served  as   such  in the said court and who shall have become physically or mentally   incapacitated for the further performance of the duties of his position,   provided, however, that such person shall have been  employed  prior  to   such  retirement  for  at  least twenty years in the aggregate in one or   more of such positions  heretofore  mentioned,  or  provided  that  such   person  immediately  prior  to  such retirement shall have been employed   continuously for at least ten years in one or more of such positions and   in addition thereto shall have also served or been employed at any  time   prior  thereto  in  one  or  more  places  or  positions  in  any court,   department or office of the state or of the county of Kings or  city  of   New York, provided, however, such combined employment shall aggregate at   least  twenty years. Any person or persons retired from service pursuant   to this subdivision shall be paid out of the funds  apportioned  to  the   said court an annual sum for annuity to be determined by the said judges   of  the  court,  but not exceeding one-half of the average amount of his   annual salary or compensation for a period of two  years  preceding  the   time  of  such  retirement.  Such annuity shall be paid in equal monthly   installments during the lifetime of the person or persons so retired.2.  Any  clerk,  deputy  clerk,   assistant   clerk,   record   clerk,   stenographer,  interpreter, chief court attendant, assistant chief court   attendant, court attendant, probation officer, detective, warden of  the   grand jury, messenger, or any other attache of the county court of Kings   county,  who  shall  have served as such in the said court and who shall   have been employed for at least twenty-five years in  the  aggregate  in   one  or  more  of  such positions or who shall have immediately prior to   retirement been employed continuously for at least twelve  and  one-half   years  in  one  or  more of such positions and in addition thereto shall   have also served or been employed at any time prior thereto  in  one  or   more places or positions in any court, department or office of the state   or  of  the city of New York or county of Kings, provided, however, that   such combined employment shall aggregate  at  least  twenty-five  years,   shall  upon  his  own  application  in writing to the said judges of the   county court of Kings county be retired by the said judges, and shall be   awarded, granted and paid an annual sum for annuity equal to one-half of   the average amount of his annual salary or compensation for a period  of   two years preceding the time of such retirement. Any employee heretofore   mentioned  in this section who after twenty years' service in the manner   heretofore prescribed in subdivision one  of  this  section  loses  such   position  or  employment  without  any  fault or misconduct on his part,   shall be retired by such judges as of  the  date  of  the  loss  of  his   position  or  employment, provided, however, the said employee so losing   his position or employment shall have within  one  full  calendar  month   after  the loss of such position or employment, made, or had application   made on his behalf in writing for such retirement, and shall be awarded,   granted  and  paid  an  annual  sum  for  annuity  equal  to   as   many   twenty-fifths  of one-half of the average amount of his annual salary or   compensation for a period of two years preceding the date of the loss of   his position or employment  as  he  has  served  aggregate  years.  Such   annuity  shall be paid in equal monthly installments during the lifetime   of the person or persons so retired. Any person or persons retired  from   service  pursuant  to  this section, shall be paid by the comptroller of    the city of New York, upon the order of the judges of said court in  the   same  manner  that  the  salaries  or  wages of his former position were   customarily paid to him, and the same shall be a charge upon  the  funds   or  moneys in the custody of the said comptroller, in like manner as are   payments to the employees of said court:  provided,  however,  that  the   funds or moneys in his custody, to the credit of the retirement fund, as   hereinafter  mentioned, and any funds apportioned to the county court of   Kings county, be first applied to such payments.  No employee in service   at the time this section takes effect shall be retired pursuant to  this   subdivision  unless  within  one  full calendar month after this section   takes effect he shall have signified his intention  in  writing  to  the   said  judges that he desires to take advantage of this section. The said   judges of the county court of Kings county shall forthwith upon  receipt   of  such notice or notices forward to the comptroller of the city of New   York the names of all persons who have signified their intention to take   advantage of this subdivision pursuant to the  provisions  thereof.  The   comptroller  of the city of New York shall at the end of the second full   calendar month after this section takes effect and at the  end  of  each   full calendar month thereafter deduct and retain monthly from the salary   or  compensation  of  each  employee  entitled to take advantage of this   subdivision who has signified in the manner aforesaid his  intention  to   take  advantage thereof, and of each employee entitled to take advantage   of the subdivision who may hereafter be employed or appointed, three per   centum of his monthly salary. Such moneys so  deducted  or  retained  as   aforesaid shall by the said comptroller be paid into what shall be known   as  the  retirement  fund,  which fund and all moneys which shall form a   part thereof as hereinafter provided, or thereafter accrue to it,  shall   be  held  by  said comptroller for the purposes of this section with his   usual powers of disposition and investment,  subject,  however,  to  the   direction,  control  and approval of the said judges of the county court   of Kings county. Every person to whom this subdivision applies who shall   have signified his  intention  to  take  advantage  thereof,  who  shall   continue  in  his employment after this section takes effect, as well as   every person to whom this subdivision  applies,  who  may  hereafter  be   employed or appointed to a position or place, shall be deemed to consent   and  agree  to  the  deduction  made  and  provided for herein and shall   receipt in full for his salary or compensation and such payment shall be   a full and complete discharge and acquittance of all claims  or  demands   whatsoever  for  the  services rendered by such person during the period   covered by such payment.3. Upon the death of a member of this retirement system,  there  shall   be paid to his estate, or to such person having an insurable interest in   his  life  as  he  shall  have  nominated  by  written designation, duly   executed and filed with the comptroller of the city  of  New  York,  his   accumulated deductions.