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 25-A
Retirement of judicial officers
Judiciary (JUD) CHAPTER 30, ARTICLE 2
§ 25-a. Retirement of judicial officers. 1. A judicial officer retired
from office for disability shall, if eligible, apply for retirement and
shall retire from the retirement system or systems of which he is a
member. All such retirements shall be in accordance with and take effect
pursuant to law governing such system or systems.

2. Any such judicial officer shall receive from the unit or units of
government responsible for the payment of his salary a special
disability allowance, which together with his pension or pensions, if
any, from such retirement system or systems, computed without optional
modification, shall equal two-thirds of the annual salary which such
judicial officer was receiving at the time of his retirement from
office; provided, however, that in no event shall the special disability
allowance exceed an amount which together with his retirement allowance
or allowances computed without optional modification will equal such
annual salary.

In the case of a justice of the supreme court, the cost of providing
the special disability allowance shall be apportioned among the units of
government in the same ratio as such units contributed to the total
annual salary he was receiving at the time of his retirement from
office.

3. The special disability allowance or appropriate portion thereof
shall begin to accrue on the same date that his retirement from the
retirement system of which he is a member becomes effective. In the
case of a judicial officer ineligible to retire, the special disability
allowance shall begin to accrue on the date of the entry of the order by
the court of appeals.

4. The special disability allowance provided for in subdivision two
shall be payable to each such judicial officer on the first day of each
month until the expiration of the term for which he had been elected or
appointed or the last day of December next after he shall be seventy
years of age or his death, whichever shall first occur.

5. The special disability allowance provided for in this section shall
not reduce or suspend any retirement allowance of any such judicial
officer, notwithstanding any other provision of law.