§ 108 — Retirement of officers and employees by the justices of the appellate division, first department

§ 108. Retirement of officers and employees by the justices of the\nappellate division, first department. 1. The appellate division of the\nsupreme court in the first department is authorized in its discretion to\nretire any clerk, assistant clerk, clerk to a justice, general law\nassistant to justices, stenographer, typewriter, interpreter, librarian,\nassistant librarian, crier, assistant crier, telephone operator or\nattendant who shall have served as such in such appellate division or in\nthe supreme court in and for the first judicial district or in any court\nwhich has been consolidated with the supreme court, or as an appointee\nof a justice of such court or courts, or in the court of general\nsessions, or who has had charge of the records of any such court in the\noffice of the clerks of the counties of New York and Bronx, and who\nshall have become physically or mentally incapacitated for the further\nperformance of the duties of his position. Such person, however, shall\nhave been employed prior to such retirement for at least twenty years in\nthe aggregate in one or more of such positions heretofore mentioned, or\nsuch person immediately prior to such retirement shall have been\nemployed continuously for at least ten years in one or more of such\npositions including service in the court of general sessions, and in\naddition thereto shall have also served or been employed at any time\nprior thereto in one or more places or positions in any court,\ndepartment or office of the state or of the county or city of New York,\nor as an appointee of a justice of such court or courts. Such combined\nemployment, however, shall aggregate at least twenty years. Any person\nor persons retired from service pursuant to this subdivision shall be\npaid out of the funds apportioned to the supreme court of the first\ndepartment an annual sum for annuity to be determined by such appellate\ndivision but not exceeding one-half of the average amount of his annual\nsalary or compensation for a period of two years preceding the time of\nsuch retirement.\n Such annuity shall be paid in equal monthly installments during the\nlifetime of the person or persons so retired.\n 2. Any clerk, assistant clerk, clerk to a justice, stenographer,\ntypewriter, interpreter, librarian, assistant librarian, crier,\nassistant crier, telephone operator or attendant who shall have served\nas such in such appellate division or in the supreme court in and for\nthe first judicial district or in any court which has been consolidated\nwith the supreme court in and for the first judicial district, or as an\nappointee of a justice of such court or courts, or who has had charge of\nthe records of any such court in the office of the clerks of the\ncounties of New York and Bronx, who shall have been employed for at\nleast twenty-five years in the aggregate in one or more of such\npositions or who shall have immediately prior to retirement been\nemployed without interruption of more than six months for at least\ntwelve and one-half years in one or more of such positions, and in\naddition thereto shall have also served or been employed at any time\nprior thereto in one or more places or positions in any court,\ndepartment or office of the state or of the county or city of New York,\nor as an appointee of a justice of such court or courts. Such combined\nemployment, however, shall aggregate at least twenty-five years. Upon\nhis own application in writing to the appellate division of the supreme\ncourt in the first department, he shall be retired by such appellate\ndivision and shall be awarded, granted and paid an annual sum for\nannuity equal to one-half of the average amount of his annual salary or\ncompensation for a period of two years preceding the time of such\nretirement. Any such employee or officer who loses such position or\nemployment without any fault or misconduct on his part after fourteen\nyears' total service in one or more of the positions or employments\nheretofore specified in or connected with such appellate division or\nsupreme court in and for the first judicial district or in any court\nwhich has been consolidated with the supreme court in and for the first\njudicial district, or as an appointee of a justice of such court or\ncourts, or as a clerk to a justice of such appellate division or the\nsupreme court, or who has had charge of the records of any such court in\nthe office of the clerks of the counties of New York and Bronx, shall be\nentitled forthwith to retirement and to an annual sum or annuity as\nhereinafter provided and shall be retired by such appellate division as\nof the date of the loss of such position or employment. Such employee or\nofficer, however, so losing his position or employment shall have,\nwithin one full calendar month after the loss of such position or\nemployment, made or had application made on his behalf in writing to\nsuch appellate division for such retirement, and shall be awarded,\ngranted and paid an annual sum for annuity equal to as many\ntwenty-fifths of one-half of the average amount of his annual salary or\ncompensation for a period of two years preceding the date of the loss of\nhis position or employment as he has served aggregate years. Any\nadditional service rendered, prior to such services last above\nspecified, in one or more places or positions in any court, department\nor office of the state or of the county or city of New York by an\nemployee or officer so losing such position or employment shall also be\ncredited in estimating such aggregate years of service. Such annuity\nshall be paid in equal monthly installments during the lifetime of the\nperson or persons so retired. Any person or persons retired from service\npursuant to this subdivision of this section shall be paid out of the\nfunds apportioned to the supreme court of the first department, and from\nmoneys to be apportioned to such court for such purposes to be raised as\nhereinafter provided, and from the contributions to the retirement fund\nin such manner as the appellate division shall provide by order upon\nsuch retirement. Such annuities shall be a charge upon the counties of\nNew York and Bronx and the board of estimate of the city of New York\nshall provide for the raising of the necessary funds therefor and for\npaying the same in accordance with the order made on retirement. The\ncomptroller of the city of New York shall deduct and retain monthly from\nthe salary or compensation of each employee or officer one per centum of\nhis monthly salary. Such moneys so deducted or retained shall be paid\ninto what shall be known as the retirement fund, which fund and all\nmoneys which shall form a part thereof as hereinafter provided, or\nthereafter accrue to it, shall be held by such comptroller for the\npurposes of this section with his usual powers of disposition and\ninvestment, subject, however, to the direction, control and approval of\nsuch appellate division. Every person to whom this section applies,\nshall be deemed to consent and agree to the deduction made and provided\nfor herein and shall receipt in full for his salary or compensation and\nsuch payment shall be a full and complete discharge and acquittance of\nall claims or demands whatsoever for the services rendered by such\nperson during the period covered by such payment.\n 3. If any employee or officer who is eligible for retirement pursuant\nto this section shall have served for a period of fifty years in the\naggregate in one or more of the positions enumerated in this section,\nand shall be retired after such period of service, pursuant to this\nsection, he shall be awarded, granted and paid an annual sum for annuity\nequal to the salary received by him at the time of his retirement.\n 4. If any officer or employee who is eligible for retirement pursuant\nto this section shall have served for a period of more than twenty-five\nyears but less than fifty years in the aggregate in one or more of the\npositions enumerated in this section, and shall be retired, after such\nperiod of service, pursuant to this section, he shall be awarded,\ngranted and paid in addition to the annuity provided in subdivision two\nof this section an annual sum for annuity equal to one per cent of the\nsalary received by him at the time of his retirement for each year of\nsuch service in excess of twenty-five years but not to exceed in all\nthree-quarters of the salary received by him at the time of his\nretirement.\n 5. The board of estimate of the city of New York is authorized to\nadopt a resolution providing that the deduction from the salary or\ncompensation of an employee or officer made pursuant to this section\nneed not be made and that no contribution in lieu thereof need be made\nby such an employee or officer during the one year period commencing\nwith July first, nineteen hundred sixty and, by similar resolution,\nprovide that no such deduction need be made and that no contribution in\nlieu thereof need be made by such an employee or officer during the one\nyear period commencing with July first, nineteen hundred sixty-one.\n 6. The board of estimate of the city of New York is authorized to\nadopt a resolution providing that the deduction from the salary or\ncompensation of an employee or officer made pursuant to this section\nneed not be made and that no contribution in lieu thereof need be made\nby such an employee or officer during the one year period commencing\nwith July first, nineteen hundred sixty-two.\n 7. The mayor of the city of New York is authorized to adopt an\nexecutive order providing that the deduction from the salary or\ncompensation of an employee or officer made pursuant to this section\nneed not be made and that no contribution in lieu thereof need be made\nby such an employee or officer during the one year period commencing\nwith July first, nineteen hundred sixty-three.\n 8. The mayor of the city of New York is authorized to adopt an\nexecutive order providing that the deduction from the salary or\ncompensation of an employee or officer made pursuant to this section\nneed not be made and that no contribution in lieu thereof need be made\nby such an employee or officer during the one year period commencing\nwith July first, nineteen hundred sixty-four.\n 9. The mayor of the city of New York is authorized to adopt an\nexecutive order providing that the deduction from the salary or\ncompensation of an employee or officer made pursuant to this section\nneed not be made and that no contribution in lieu thereof need be made\nby such employee or officer during the one-year period commencing with\nJuly first, nineteen hundred sixty-five.\n 10. The mayor of the city of New York is authorized to adopt an\nexecutive order providing that the deduction from the salary or\ncompensation of an employee or officer made pursuant to this section\nneed not be made and that no contribution in lieu thereof need be made\nby such employee or officer during the one-year period commencing with\nJuly first, nineteen hundred sixty-six.\n 11. The mayor of the city of New York is authorized to adopt an\nexecutive order providing that the deduction from the salary or\ncompensation of an employee or officer made pursuant to this section\nneed not be made and that no contribution in lieu thereof need be made\nby such employee or officer during the one-year period commencing with\nJuly first, nineteen hundred sixty-seven.\n 12. The mayor of the city of New York is authorized to adopt an\nexecutive order providing that the deduction from the salary or\ncompensation of an employee or officer made pursuant to this section\nneed not be made and that no contribution in lieu thereof need be made\nby such employee or officer during the one-year period commencing with\nJuly first, nineteen hundred sixty-eight.\n 13. The mayor of the city of New York is authorized to adopt an\nexecutive order providing that the deduction from the salary or\ncompensation of a employee or officer made pursuant to this section need\nnot be made and that no contribution in lieu thereof need be made by\nsuch employee or officer during the one-year period commencing with July\nfirst, nineteen hundred sixty-nine.\n 14. The mayor of the city of New York is authorized to adopt an\nexecutive order providing that the deduction from the salary or\ncompensation of an employee or officer made pursuant to this section\nneed not be made and that no contribution in lieu thereof need be made\nby such employee or officer during the one year period commencing with\nJuly first, nineteen hundred seventy.\n