2006 New York Code - 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.