N.Y. Judiciary Law § 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.