N.Y. Judiciary Law § 25-a: Retirement of judicial officers

§ 25-a. Retirement of judicial officers. 1. A judicial officer retired

from office for disability 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.

2. Any such judicial officer 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

judicial officer 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.

In the case of a justice of the supreme court, 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 from

office.

3. The special disability allowance or appropriate portion thereof

shall begin to accrue on the same date that his retirement from the

retirement system of which he is a member becomes effective. In the

case of a judicial officer ineligible to retire, the special disability

allowance shall begin to accrue on the date of the entry of the order by

the court of appeals.

4. The special disability allowance provided for in subdivision two

shall be payable to each such judicial officer on the first day of each

month 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.

5. The special disability allowance provided for in this section shall

not reduce or suspend any retirement allowance of any such judicial

officer, notwithstanding any other provision of law.