N.Y. Judiciary Law § 208: Retirement of officers and employees by the judges of the court of general sessions of the county of New York

§ 208. Retirement of officers and employees by the judges of the court

of general sessions of the county of New York. 1. The judges of the

court of general sessions of the county of New York are hereby

authorized, in their discretion, to retire any clerk, deputy clerk,

assistant clerk, record clerk, stenographer, interpreter, warden to the

grand jury, chief court attendant, attendant or an appointee of a judge

of such court, who shall have served as such in the court of general

sessions 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 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. 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 such court an annual sum for annuity to be determined by

such judges, 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, warden to the grand jury, chief court

attendant, attendant, or appointee of a judge of the court of general

sessions, who shall have served as such in the court of general

sessions, 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 or county of New York,

provided, however, that such combined employment shall aggregate at

least twenty-five years, upon his own application in writing to such

judges, shall be retired by the 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 such employee heretofore

mentioned 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.

Such employee, 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 judges 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 out of the funds apportioned to such court, and

from the contributions to the retirement fund in such manner as such

judges shall provide by order upon such retirement. The comptroller of

the city of New York shall deduct and retain monthly from the salary or

compensation of each employee three per centum of his monthly salary.

Such moneys so deducted or retained shall be paid into what shall be

known as the retirement fund by the comptroller, 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 judges. Every person to whom this subdivision 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. The accumulated deductions since the first day of October, nineteen

hundred twenty, of any member of the general sessions court pension

fund, who may join or become a member of the New York city employees'

retirement system, shall be transferred to such New York city employees'

retirement system, and be there credited to the account of such member

on account of payment due from him into such New York city employees'

retirement system.