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SECTION 108
Retirement of officers and employees by the justices of the appellate division, first department
Judiciary (JUD) CHAPTER 30, ARTICLE 4
§ 108. Retirement of officers and employees by the justices of the
appellate division, first department. 1. The appellate division of the
supreme court in the first department is authorized in its discretion to
retire any clerk, assistant clerk, clerk to a justice, general law
assistant to justices, stenographer, typewriter, interpreter, librarian,
assistant librarian, crier, assistant crier, telephone operator or
attendant who shall have served as such in such appellate division or in
the supreme court in and for the first judicial district or in any court
which has been consolidated with the supreme court, or as an appointee
of a justice of such court or courts, or in the court of general
sessions, or who has had charge of the records of any such court in the
office of the clerks of the counties of New York and Bronx, and who
shall have become physically or mentally incapacitated for the further
performance of the duties of his position. Such person, however, shall
have been employed prior to such retirement for at least twenty years in
the aggregate in one or more of such positions heretofore mentioned, or
such person immediately prior to such retirement shall have been
employed continuously for at least ten years in one or more of such
positions including service in the court of general sessions, and in
addition thereto shall have also served or been employed at any time
prior thereto in one or more places or positions in any court,
department or office of the state or of the county or city of New York,
or as an appointee of a justice of such court or courts. Such combined
employment, however, shall aggregate at least twenty years. Any person
or persons retired from service pursuant to this subdivision shall be
paid out of the funds apportioned to the supreme court of the first
department an annual sum for annuity to be determined by such appellate
division but not exceeding one-half of the average amount of his annual
salary or compensation for a period of two years preceding the time of
such retirement.

Such annuity shall be paid in equal monthly installments during the
lifetime of the person or persons so retired.

2. Any clerk, assistant clerk, clerk to a justice, stenographer,
typewriter, interpreter, librarian, assistant librarian, crier,
assistant crier, telephone operator or attendant who shall have served
as such in such appellate division or in the supreme court in and for
the first judicial district or in any court which has been consolidated
with the supreme court in and for the first judicial district, or as an
appointee of a justice of such court or courts, or who has had charge of
the records of any such court in the office of the clerks of the
counties of New York and Bronx, who shall have been employed for at
least twenty-five years in the aggregate in one or more of such
positions or who shall have immediately prior to retirement been
employed without interruption of more than six months for at least
twelve and one-half years in one or more of such positions, and in
addition thereto shall have also served or been employed at any time
prior thereto in one or more places or positions in any court,
department or office of the state or of the county or city of New York,
or as an appointee of a justice of such court or courts. Such combined
employment, however, shall aggregate at least twenty-five years. Upon
his own application in writing to the appellate division of the supreme
court in the first department, he shall be retired by such appellate
division and shall be awarded, granted and paid an annual sum for
annuity equal to one-half of the average amount of his annual salary or
compensation for a period of two years preceding the time of such
retirement. Any such employee or officer who loses such position or
employment without any fault or misconduct on his part after fourteen
years' total service in one or more of the positions or employments
heretofore specified in or connected with such appellate division or
supreme court in and for the first judicial district or in any court
which has been consolidated with the supreme court in and for the first
judicial district, or as an appointee of a justice of such court or
courts, or as a clerk to a justice of such appellate division or the
supreme court, or who has had charge of the records of any such court in
the office of the clerks of the counties of New York and Bronx, shall be
entitled forthwith to retirement and to an annual sum or annuity as
hereinafter provided and shall be retired by such appellate division as
of the date of the loss of such position or employment. Such employee or
officer, however, so losing his position or employment shall have,
within one full calendar month after the loss of such position or
employment, made or had application made on his behalf in writing to
such appellate division for such retirement, and shall be awarded,
granted and paid an annual sum for annuity equal to as many
twenty-fifths of one-half of the average amount of his annual salary or
compensation for a period of two years preceding the date of the loss of
his position or employment as he has served aggregate years. Any
additional service rendered, prior to such services last above
specified, in one or more places or positions in any court, department
or office of the state or of the county or city of New York by an
employee or officer so losing such position or employment shall also be
credited in estimating such aggregate years of service. Such annuity
shall be paid in equal monthly installments during the lifetime of the
person or persons so retired. Any person or persons retired from service
pursuant to this subdivision of this section shall be paid out of the
funds apportioned to the supreme court of the first department, and from
moneys to be apportioned to such court for such purposes to be raised as
hereinafter provided, and from the contributions to the retirement fund
in such manner as the appellate division shall provide by order upon
such retirement. Such annuities shall be a charge upon the counties of
New York and Bronx and the board of estimate of the city of New York
shall provide for the raising of the necessary funds therefor and for
paying the same in accordance with the order made on retirement. The
comptroller of the city of New York shall deduct and retain monthly from
the salary or compensation of each employee or officer one per centum of
his monthly salary. Such moneys so deducted or retained shall be paid
into what shall be known as the retirement fund, which fund and all
moneys which shall form a part thereof as hereinafter provided, or
thereafter accrue to it, shall be held by such comptroller for the
purposes of this section with his usual powers of disposition and
investment, subject, however, to the direction, control and approval of
such appellate division. Every person to whom this section applies,
shall be deemed to consent and agree to the deduction made and provided
for herein and shall receipt in full for his salary or compensation and
such payment shall be a full and complete discharge and acquittance of
all claims or demands whatsoever for the services rendered by such
person during the period covered by such payment.

3. If any employee or officer who is eligible for retirement pursuant
to this section shall have served for a period of fifty years in the
aggregate in one or more of the positions enumerated in this section,
and shall be retired after such period of service, pursuant to this
section, he shall be awarded, granted and paid an annual sum for annuity
equal to the salary received by him at the time of his retirement.

4. If any officer or employee who is eligible for retirement pursuant
to this section shall have served for a period of more than twenty-five
years but less than fifty years in the aggregate in one or more of the
positions enumerated in this section, and shall be retired, after such
period of service, pursuant to this section, he shall be awarded,
granted and paid in addition to the annuity provided in subdivision two
of this section an annual sum for annuity equal to one per cent of the
salary received by him at the time of his retirement for each year of
such service in excess of twenty-five years but not to exceed in all
three-quarters of the salary received by him at the time of his
retirement.

5. The board of estimate of the city of New York is authorized to
adopt a resolution providing that the deduction from the salary or
compensation of an employee or officer made pursuant to this section
need not be made and that no contribution in lieu thereof need be made
by such an employee or officer during the one year period commencing
with July first, nineteen hundred sixty and, by similar resolution,
provide that no such deduction need be made and that no contribution in
lieu thereof need be made by such an employee or officer during the one
year period commencing with July first, nineteen hundred sixty-one.

6. The board of estimate of the city of New York is authorized to
adopt a resolution providing that the deduction from the salary or
compensation of an employee or officer made pursuant to this section
need not be made and that no contribution in lieu thereof need be made
by such an employee or officer during the one year period commencing
with July first, nineteen hundred sixty-two.

7. The mayor of the city of New York is authorized to adopt an
executive order providing that the deduction from the salary or
compensation of an employee or officer made pursuant to this section
need not be made and that no contribution in lieu thereof need be made
by such an employee or officer during the one year period commencing
with July first, nineteen hundred sixty-three.

8. The mayor of the city of New York is authorized to adopt an
executive order providing that the deduction from the salary or
compensation of an employee or officer made pursuant to this section
need not be made and that no contribution in lieu thereof need be made
by such an employee or officer during the one year period commencing
with July first, nineteen hundred sixty-four.

9. The mayor of the city of New York is authorized to adopt an
executive order providing that the deduction from the salary or
compensation of an employee or officer made pursuant to this section
need not be made and that no contribution in lieu thereof need be made
by such employee or officer during the one-year period commencing with
July first, nineteen hundred sixty-five.

10. The mayor of the city of New York is authorized to adopt an
executive order providing that the deduction from the salary or
compensation of an employee or officer made pursuant to this section
need not be made and that no contribution in lieu thereof need be made
by such employee or officer during the one-year period commencing with
July first, nineteen hundred sixty-six.

11. The mayor of the city of New York is authorized to adopt an
executive order providing that the deduction from the salary or
compensation of an employee or officer made pursuant to this section
need not be made and that no contribution in lieu thereof need be made
by such employee or officer during the one-year period commencing with
July first, nineteen hundred sixty-seven.

12. The mayor of the city of New York is authorized to adopt an
executive order providing that the deduction from the salary or
compensation of an employee or officer made pursuant to this section
need not be made and that no contribution in lieu thereof need be made
by such employee or officer during the one-year period commencing with
July first, nineteen hundred sixty-eight.

13. The mayor of the city of New York is authorized to adopt an
executive order providing that the deduction from the salary or
compensation of a employee or officer made pursuant to this section need
not be made and that no contribution in lieu thereof need be made by
such employee or officer during the one-year period commencing with July
first, nineteen hundred sixty-nine.

14. The mayor of the city of New York is authorized to adopt an
executive order providing that the deduction from the salary or
compensation of an employee or officer made pursuant to this section
need not be made and that no contribution in lieu thereof need be made
by such employee or officer during the one year period commencing with
July first, nineteen hundred seventy.