Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 208
Retirement of officers and employees by the judges of the court of general sessions of the county of New York
Judiciary (JUD) CHAPTER 30, ARTICLE 7
§ 208. Retirement of officers and employees by the judges of the court
of general sessions of the county of New York. 1. The judges of the
court of general sessions of the county of New York are hereby
authorized, in their discretion, to retire any clerk, deputy clerk,
assistant clerk, record clerk, stenographer, interpreter, warden to the
grand jury, chief court attendant, attendant or an appointee of a judge
of such court, who shall have served as such in the court of general
sessions 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 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. 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 such court an annual sum for annuity to be determined by
such judges, 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, warden to the grand jury, chief court
attendant, attendant, or appointee of a judge of the court of general
sessions, who shall have served as such in the court of general
sessions, 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 or county of New York,
provided, however, that such combined employment shall aggregate at
least twenty-five years, upon his own application in writing to such
judges, shall be retired by the 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 such employee heretofore
mentioned 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.
Such employee, 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 judges 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 out of the funds apportioned to such court, and
from the contributions to the retirement fund in such manner as such
judges shall provide by order upon such retirement. The comptroller of
the city of New York shall deduct and retain monthly from the salary or
compensation of each employee three per centum of his monthly salary.
Such moneys so deducted or retained shall be paid into what shall be
known as the retirement fund by the comptroller, 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 judges. Every person to whom this subdivision 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. The accumulated deductions since the first day of October, nineteen
hundred twenty, of any member of the general sessions court pension
fund, who may join or become a member of the New York city employees'
retirement system, shall be transferred to such New York city employees'
retirement system, and be there credited to the account of such member
on account of payment due from him into such New York city employees'
retirement system.