N.Y. Judiciary Law § 25: Retirement of state-paid full-time judges or justices of the unified court system and housing judges appointed pursuant to subdivision (f...

§ 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.