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.
Last modified: February 3, 2019