N.Y. Judiciary Law § 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.