2006 New York Code - 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.

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