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This entry was published on 2014-09-22
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SECTION 207
Retirement of officers and employees by the judges of the county court of Kings county
Judiciary (JUD) CHAPTER 30, ARTICLE 7
§ 207. Retirement of officers and employees by the judges of the
county court of Kings county. 1. The judges of the county court of the
county of Kings are hereby authorized, in their discretion, to retire
any clerk, deputy clerk, assistant clerk, record clerk, stenographer,
interpreter, chief court attendant, assistant chief court attendant,
court attendant, probation officer, detective, warden of the grand jury,
messenger, or any other attache of said court, who shall have served as
such in the said court and who shall have become physically or mentally
incapacitated for the further performance of the duties of his position,
provided, however, that such person 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 provided that such
person immediately prior to such retirement shall have been employed
continuously for at least ten 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 of Kings or city of
New York, provided, however, such combined employment 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
said court an annual sum for annuity to be determined by the said judges
of the court, 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, deputy clerk, assistant clerk, record clerk,
stenographer, interpreter, chief court attendant, assistant chief court
attendant, court attendant, probation officer, detective, warden of the
grand jury, messenger, or any other attache of the county court of Kings
county, who shall have served as such in the said court and 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 continuously 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 city of New York or county of Kings, provided, however, that
such combined employment shall aggregate at least twenty-five years,
shall upon his own application in writing to the said judges of the
county court of Kings county be retired by the said judges, 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 employee heretofore
mentioned in this section who after twenty years' service in the manner
heretofore prescribed in subdivision one of this section loses such
position or employment without any fault or misconduct on his part,
shall be retired by such judges as of the date of the loss of his
position or employment, provided, however, the said employee 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 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. 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 section, shall be paid by the comptroller of
the city of New York, upon the order of the judges of said court in the
same manner that the salaries or wages of his former position were
customarily paid to him, and the same shall be a charge upon the funds
or moneys in the custody of the said comptroller, in like manner as are
payments to the employees of said court: provided, however, that the
funds or moneys in his custody, to the credit of the retirement fund, as
hereinafter mentioned, and any funds apportioned to the county court of
Kings county, be first applied to such payments. No employee in service
at the time this section takes effect shall be retired pursuant to this
subdivision unless within one full calendar month after this section
takes effect he shall have signified his intention in writing to the
said judges that he desires to take advantage of this section. The said
judges of the county court of Kings county shall forthwith upon receipt
of such notice or notices forward to the comptroller of the city of New
York the names of all persons who have signified their intention to take
advantage of this subdivision pursuant to the provisions thereof. The
comptroller of the city of New York shall at the end of the second full
calendar month after this section takes effect and at the end of each
full calendar month thereafter deduct and retain monthly from the salary
or compensation of each employee entitled to take advantage of this
subdivision who has signified in the manner aforesaid his intention to
take advantage thereof, and of each employee entitled to take advantage
of the subdivision who may hereafter be employed or appointed, three per
centum of his monthly salary. Such moneys so deducted or retained as
aforesaid shall by the said comptroller 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 said comptroller for the purposes of this section with his
usual powers of disposition and investment, subject, however, to the
direction, control and approval of the said judges of the county court
of Kings county. Every person to whom this subdivision applies who shall
have signified his intention to take advantage thereof, who shall
continue in his employment after this section takes effect, as well as
every person to whom this subdivision applies, who may hereafter be
employed or appointed to a position or place, 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. Upon the death of a member of this retirement system, there shall
be paid to his estate, or to such person having an insurable interest in
his life as he shall have nominated by written designation, duly
executed and filed with the comptroller of the city of New York, his
accumulated deductions.