NY Jud L § 25 (2021)
2021 New York Laws JUD - Judiciary Article 2 - General Provisions Relating to Courts and Judges 25 - Retirement of State-Paid Full-Time Judges or Justices of the Unified Court System and Housing Judges Appointed Pursuant to Subdivision (F) of Section

§  25.  Retirement  of  state-paid full-time judges or justices of the   unified  court  system  and  housing  judges   appointed   pursuant   to   subdivision  (f)  of  section one hundred ten of the New York city civil   court act for disability. 1. A state-paid full-time judge or justice  of   the  unified  court  system  or  housing  judge  appointed  pursuant  to   subdivision (f) of section one hundred ten of the New  York  city  civil   court act may apply for the special disability allowance provided for in   this  section by filing with the appellate division of the supreme court   in which he resides (a) his petition, duly verified,  stating  that  for   reasons  specified  he  is  incapacitated  to  perform the duties of his   office; and  (b)  his  resignation.  If  the  appellate  division  shall   determine  that  such judge or justice is incapacitated, it may make and   enter an order retiring such judge or  justice  from  office.  Upon  the   filing in the office of court administration of a certified copy of such   order and such resignation, the office of such judge or justice shall be   vacant.2.  Such a judge or justice so retired from office shall, if eligible,   apply for retirement and shall retire  from  the  retirement  system  or   systems  of  which  he  is  a  member.  All such retirements shall be in   accordance with and take effect pursuant to law governing such system or   systems.3. Any such judge or justice shall receive from the unit or  units  of   government   responsible  for  the  payment  of  his  salary  a  special   disability allowance, which together with his pension  or  pensions,  if   any,  from  such retirement system or systems, computed without optional   modification, shall equal two-thirds of the  annual  salary  which  such   judge  or  justice  was  receiving  at  the  time of his retirement from   office; provided, however, that in no event shall the special disability   allowance exceed an amount which together with his retirement  allowance   or  allowances  computed  without  optional modification will equal such   annual salary.The cost of  providing  the  special  disability  allowance  shall  be   apportioned  among  the  units  of  government in the same ratio as such   units contributed to the total annual salary he  was  receiving  at  the   time of his retirement.4. In the case of a judge or justice ineligible to retire, the special   disability  allowance shall begin to accrue on the date of filing of the   certified copy of the order together with his resignation in the  office   of  court  administration. In the case of a judge or justice eligible to   retire, the special disability allowance or appropriate portion  thereof   shall  begin  to  accrue  on  the  same  date as his retirement from the   retirement system of which he is a  member  becomes  effective,  or  the   filing of the certified copy of the order together with his resignation,   whichever shall last occur.5.  The special disability allowance provided for in subdivision three   shall be payable on the first day of each month to each  such  judge  or   justice  until  the expiration of the term for which he had been elected   or appointed or the last day of December next after he shall be  seventy   years of age or his death, whichever shall first occur.6. The special disability allowance provided for in this section shall   not  reduce  or  suspend  any  retirement allowance of any such judge or   justice, notwithstanding any other provision of law.