25. Retirement of state-paid full-time judges or justices of the unified court system and housing judges appointed pursuant to subdivision (f) of section one hundred ten of the New York city civil court act for disability. 1. A state-paid full-time judge or justice of the unified court system or housing judge appointed pursuant to subdivision (f) of section one hundred ten of the New York city civil court act may apply for the special disability allowance provided for in this section by filing with the appellate division of the supreme court in which he resides (a) his petition, duly verified, stating that for reasons specified he is incapacitated to perform the duties of his office; and (b) his resignation. If the appellate division shall determine that such judge or justice is incapacitated, it may make and enter an order retiring such judge or justice from office. Upon the filing in the office of court administration of a certified copy of such order and such resignation, the office of such judge or justice shall be vacant.
2. Such a judge or justice so retired from office 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.
3. Any such judge or justice 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 judge or justice 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.
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.
4. In the case of a judge or justice ineligible to retire, the special disability allowance shall begin to accrue on the date of filing of the certified copy of the order together with his resignation in the office of court administration. In the case of a judge or justice eligible to retire, the special disability allowance or appropriate portion thereof shall begin to accrue on the same date as his retirement from the retirement system of which he is a member becomes effective, or the filing of the certified copy of the order together with his resignation, whichever shall last occur.
5. The special disability allowance provided for in subdivision three shall be payable on the first day of each month to each such judge or justice 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.
6. The special disability allowance provided for in this section shall not reduce or suspend any retirement allowance of any such judge or justice, notwithstanding any other provision of law.
Last modified: February 3, 2019