2006 New York Code - Retirement Of State-paid Full-time Judges Or Justices Of The Unified Court System And Housing Judges Appointed Pursuant To Subdivision (f) Of Section

 
    §  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.