§ 25 — Retirement of state-paid full-time judges or justices of the unified court system and housing judges appointed pursuant to subdivision (f...

§ 25. Retirement of state-paid full-time judges or justices of the\nunified court system and housing judges appointed pursuant to\nsubdivision (f) of section one hundred ten of the New York city civil\ncourt act for disability. 1. A state-paid full-time judge or justice of\nthe unified court system or housing judge appointed pursuant to\nsubdivision (f) of section one hundred ten of the New York city civil\ncourt act may apply for the special disability allowance provided for in\nthis section by filing with the appellate division of the supreme court\nin which he resides (a) his petition, duly verified, stating that for\nreasons specified he is incapacitated to perform the duties of his\noffice; and (b) his resignation. If the appellate division shall\ndetermine that such judge or justice is incapacitated, it may make and\nenter an order retiring such judge or justice from office. Upon the\nfiling in the office of court administration of a certified copy of such\norder and such resignation, the office of such judge or justice shall be\nvacant.\n 2. Such a judge or justice so retired from office shall, if eligible,\napply for retirement and shall retire from the retirement system or\nsystems of which he is a member. All such retirements shall be in\naccordance with and take effect pursuant to law governing such system or\nsystems.\n 3. Any such judge or justice shall receive from the unit or units of\ngovernment responsible for the payment of his salary a special\ndisability allowance, which together with his pension or pensions, if\nany, from such retirement system or systems, computed without optional\nmodification, shall equal two-thirds of the annual salary which such\njudge or justice was receiving at the time of his retirement from\noffice; provided, however, that in no event shall the special disability\nallowance exceed an amount which together with his retirement allowance\nor allowances computed without optional modification will equal such\nannual salary.\n The cost of providing the special disability allowance shall be\napportioned among the units of government in the same ratio as such\nunits contributed to the total annual salary he was receiving at the\ntime of his retirement.\n 4. In the case of a judge or justice ineligible to retire, the special\ndisability allowance shall begin to accrue on the date of filing of the\ncertified copy of the order together with his resignation in the office\nof court administration. In the case of a judge or justice eligible to\nretire, the special disability allowance or appropriate portion thereof\nshall begin to accrue on the same date as his retirement from the\nretirement system of which he is a member becomes effective, or the\nfiling of the certified copy of the order together with his resignation,\nwhichever shall last occur.\n 5. The special disability allowance provided for in subdivision three\nshall be payable on the first day of each month to each such judge or\njustice until the expiration of the term for which he had been elected\nor appointed or the last day of December next after he shall be seventy\nyears of age or his death, whichever shall first occur.\n 6. The special disability allowance provided for in this section shall\nnot reduce or suspend any retirement allowance of any such judge or\njustice, notwithstanding any other provision of law.\n