2006 New York Code - 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.