NY Jud L § 108 (2021)
2021 New York Laws JUD - Judiciary Article 4 - Appellate Division 108 - Retirement of Officers and Employees by the Justices of the Appellate Division, First Department.

§  108.  Retirement  of  officers and employees by the justices of the   appellate division, first department. 1. The appellate division  of  the   supreme court in the first department is authorized in its discretion to   retire  any  clerk,  assistant  clerk,  clerk  to a justice, general law   assistant to justices, stenographer, typewriter, interpreter, librarian,   assistant librarian,  crier,  assistant  crier,  telephone  operator  or   attendant who shall have served as such in such appellate division or in   the supreme court in and for the first judicial district or in any court   which  has  been consolidated with the supreme court, or as an appointee   of a justice of such court  or  courts,  or  in  the  court  of  general   sessions,  or who has had charge of the records of any such court in the   office of the clerks of the counties of New  York  and  Bronx,  and  who   shall  have  become physically or mentally incapacitated for the further   performance of the duties of his position.  Such person, however,  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   such person  immediately  prior  to  such  retirement  shall  have  been   employed  continuously  for  at  least  ten years in one or more of such   positions including service in the court of  general  sessions,  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 or city of New York,   or as an appointee of a justice of such court or courts.  Such  combined   employment,  however,  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 supreme court of the first   department an annual sum for annuity to be determined by such  appellate   division  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, assistant  clerk,  clerk  to  a  justice,  stenographer,   typewriter,   interpreter,   librarian,   assistant   librarian,  crier,   assistant crier, telephone operator or attendant who shall  have  served   as  such  in  such appellate division or in the supreme court in and for   the first judicial district or in any court which has been  consolidated   with  the supreme court in and for the first judicial district, or as an   appointee of a justice of such court or courts, or who has had charge of   the records of any such court  in  the  office  of  the  clerks  of  the   counties  of  New  York  and  Bronx, 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 without interruption of more  than  six  months  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 county or city of New  York,   or  as an appointee of a justice of such court or courts.  Such combined   employment, however, shall aggregate at least twenty-five years.    Upon   his  own application in writing to the appellate division of the supreme   court in the first department, he shall be  retired  by  such  appellate   division  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 such employee or officer  who  loses  such  position  or   employment  without  any  fault or misconduct on his part after fourteen   years' total service in one or more  of  the  positions  or  employments    heretofore  specified  in  or  connected with such appellate division or   supreme court in and for the first judicial district  or  in  any  court   which  has been consolidated with the supreme court in and for the first   judicial  district,  or  as  an  appointee of a justice of such court or   courts, or as a clerk to a justice of such  appellate  division  or  the   supreme court, or who has had charge of the records of any such court in   the office of the clerks of the counties of New York and Bronx, shall be   entitled  forthwith  to  retirement  and  to an annual sum or annuity as   hereinafter provided and shall be retired by such appellate division  as   of the date of the loss of such position or employment. Such employee or   officer,  however,  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 to   such appellate division 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. Any   additional  service  rendered,  prior  to  such  services   last   above   specified,  in  one or more places or positions in any court, department   or office of the state or of the county  or  city  of  New  York  by  an   employee  or officer so losing such position or employment shall also be   credited in estimating such aggregate years  of  service.  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 subdivision of this section shall be paid  out  of  the   funds apportioned to the supreme court of the first department, and from   moneys to be apportioned to such court for such purposes to be raised as   hereinafter  provided, and from the contributions to the retirement fund   in such manner as the appellate division shall  provide  by  order  upon   such  retirement.  Such annuities shall be a charge upon the counties of   New York and Bronx and the board of estimate of the  city  of  New  York   shall  provide  for  the raising of the necessary funds therefor and for   paying the same in accordance with the order  made  on  retirement.  The   comptroller of the city of New York shall deduct and retain monthly from   the salary or compensation of each employee or officer one per centum of   his  monthly  salary.  Such moneys so deducted or retained shall 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  such  comptroller  for  the   purposes  of  this  section  with  his  usual  powers of disposition and   investment, subject, however, to the direction, control and approval  of   such  appellate  division.  Every  person  to whom this section applies,   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. If any employee or officer who is eligible for retirement  pursuant   to  this  section  shall  have served for a period of fifty years in the   aggregate in one or more of the positions enumerated  in  this  section,   and  shall  be  retired  after  such period of service, pursuant to this   section, he shall be awarded, granted and paid an annual sum for annuity   equal to the salary received by him at the time of his retirement.4. If any officer or employee who is eligible for retirement  pursuant   to  this section shall have served for a period of more than twenty-five   years but less than fifty years in the aggregate in one or more  of  the   positions  enumerated  in this section, and shall be retired, after such    period of service, pursuant  to  this  section,  he  shall  be  awarded,   granted  and paid in addition to the annuity provided in subdivision two   of this section an annual sum for annuity equal to one per cent  of  the   salary  received  by  him at the time of his retirement for each year of   such service in excess of twenty-five years but not  to  exceed  in  all   three-quarters  of  the  salary  received  by  him  at  the  time of his   retirement.5. The board of estimate of the city of  New  York  is  authorized  to   adopt  a  resolution  providing  that  the  deduction from the salary or   compensation of an employee or officer made  pursuant  to  this  section   need  not  be made and that no contribution in lieu thereof need be made   by such an employee or officer during the  one  year  period  commencing   with  July  first,  nineteen  hundred  sixty and, by similar resolution,   provide that no such deduction need be made and that no contribution  in   lieu  thereof need be made by such an employee or officer during the one   year period commencing with July first, nineteen hundred sixty-one.6. The board of estimate of the city of  New  York  is  authorized  to   adopt  a  resolution  providing  that  the  deduction from the salary or   compensation of an employee or officer made  pursuant  to  this  section   need  not  be made and that no contribution in lieu thereof need be made   by such an employee or officer during the  one  year  period  commencing   with July first, nineteen hundred sixty-two.7.  The  mayor  of  the  city  of  New  York is authorized to adopt an   executive  order  providing  that  the  deduction  from  the  salary  or   compensation  of  an  employee  or officer made pursuant to this section   need not be made and that no contribution in lieu thereof need  be  made   by  such  an  employee  or officer during the one year period commencing   with July first, nineteen hundred sixty-three.8. The mayor of the city  of  New  York  is  authorized  to  adopt  an   executive  order  providing  that  the  deduction  from  the  salary  or   compensation of an employee or officer made  pursuant  to  this  section   need  not  be made and that no contribution in lieu thereof need be made   by such an employee or officer during the  one  year  period  commencing   with July first, nineteen hundred sixty-four.9.  The  mayor  of  the  city  of  New  York is authorized to adopt an   executive  order  providing  that  the  deduction  from  the  salary  or   compensation  of  an  employee  or officer made pursuant to this section   need not be made and that no contribution in lieu thereof need  be  made   by  such  employee or officer during the one-year period commencing with   July first, nineteen hundred sixty-five.10. The mayor of the city of  New  York  is  authorized  to  adopt  an   executive  order  providing  that  the  deduction  from  the  salary  or   compensation of an employee or officer made  pursuant  to  this  section   need  not  be made and that no contribution in lieu thereof need be made   by such employee or officer during the one-year period  commencing  with   July first, nineteen hundred sixty-six.11.  The  mayor  of  the  city  of  New York is authorized to adopt an   executive  order  providing  that  the  deduction  from  the  salary  or   compensation  of  an  employee  or officer made pursuant to this section   need not be made and that no contribution in lieu thereof need  be  made   by  such  employee or officer during the one-year period commencing with   July first, nineteen hundred sixty-seven.12. The mayor of the city of  New  York  is  authorized  to  adopt  an   executive  order  providing  that  the  deduction  from  the  salary  or   compensation of an employee or officer made  pursuant  to  this  section   need  not  be made and that no contribution in lieu thereof need be made   by such employee or officer during the one-year period  commencing  with   July first, nineteen hundred sixty-eight. 13.  The  mayor  of  the  city  of  New York is authorized to adopt an   executive  order  providing  that  the  deduction  from  the  salary  or   compensation of a employee or officer made pursuant to this section need   not  be  made  and  that no contribution in lieu thereof need be made by   such employee or officer during the one-year period commencing with July   first, nineteen hundred sixty-nine.14.  The  mayor  of  the  city  of  New York is authorized to adopt an   executive  order  providing  that  the  deduction  from  the  salary  or   compensation  of  an  employee  or officer made pursuant to this section   need not be made and that no contribution in lieu thereof need  be  made   by  such  employee or officer during the one year period commencing with   July first, nineteen hundred seventy.