§ 208 — Retirement of officers and employees by the judges of the court of general sessions of the county of New York

New York § 208

• Jurisdiction: New York
• Law JUD: Judiciary
• Art. 7: County Court

Text

§ 208. Retirement of officers and employees by the judges of the court\nof general sessions of the county of New York. 1. The judges of the\ncourt of general sessions of the county of New York are hereby\nauthorized, in their discretion, to retire any clerk, deputy clerk,\nassistant clerk, record clerk, stenographer, interpreter, warden to the\ngrand jury, chief court attendant, attendant or an appointee of a judge\nof such court, who shall have served as such in the court of general\nsessions and who shall have become physically or mentally incapacitated\nfor the further performance of the duties of his position. Such person,\nhowever, shall have been employed prior to such retirement for at least\ntwenty years in the aggregate in one or more of such positions\nheretofore mentioned, or such person immediately prior to such\nretirement shall have been employed continuously for at least ten years\nin one or more of such positions and in addition thereto shall have also\nserved or been employed at any time prior thereto in one or more places\nor positions in any court, department, or office of the state or of the\ncounty or city of New York. Such combined employment, however, shall\naggregate at least twenty years. Any person or persons retired from\nservice pursuant to this subdivision shall be paid out of the funds\napportioned to such court an annual sum for annuity to be determined by\nsuch judges, but not exceeding one-half of the average amount of his\nannual salary or compensation for a period of two years preceding the\ntime of such retirement. Such annuity shall be paid in equal monthly\ninstallments during the lifetime of the person or persons so retired.\n 2. Any clerk, deputy clerk, assistant clerk, record clerk,\nstenographer, interpreter, warden to the grand jury, chief court\nattendant, attendant, or appointee of a judge of the court of general\nsessions, who shall have served as such in the court of general\nsessions, and who shall have been employed for at least twenty-five\nyears in the aggregate in one or more of such positions, or who shall\nhave immediately prior to retirement been employed continuously for at\nleast twelve 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 city or county of New York,\nprovided, however, that such combined employment shall aggregate at\nleast twenty-five years, upon his own application in writing to such\njudges, shall be retired by the judges, and shall be awarded, granted\nand paid an annual sum for annuity equal to one-half of the average\namount of his annual salary or compensation for a period of two years\npreceding the time of such retirement. Any such employee heretofore\nmentioned who, after twenty years' service in the manner heretofore\nprescribed in subdivision one of this section, loses such position or\nemployment without any fault or misconduct on his part shall be retired\nby such judges as of the date of the loss of his position or employment.\nSuch employee, 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 judges for such retirement, and shall be awarded, granted and paid\nan annual sum for annuity equal to as many twenty-fifths of one-half of\nthe average amount of his annual salary or compensation for a period of\ntwo years preceding the date of the loss of his position or employment\nas he has served aggregate years. Such annuity shall be paid in equal\nmonthly installments during the lifetime of the person or persons so\nretired. Any person or persons retired from service pursuant to this\nsection shall be paid out of the funds apportioned to such court, and\nfrom the contributions to the retirement fund in such manner as such\njudges shall provide by order upon such retirement. The comptroller of\nthe city of New York shall deduct and retain monthly from the salary or\ncompensation of each employee three per centum of his monthly salary.\nSuch moneys so deducted or retained shall be paid into what shall be\nknown as the retirement fund by the comptroller, 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 judges. Every person to whom this subdivision applies shall be\ndeemed to consent and agree to the deduction made and provided for\nherein 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. The accumulated deductions since the first day of October, nineteen\nhundred twenty, of any member of the general sessions court pension\nfund, who may join or become a member of the New York city employees'\nretirement system, shall be transferred to such New York city employees'\nretirement system, and be there credited to the account of such member\non account of payment due from him into such New York city employees'\nretirement system.\n