§ 108. Retirement of officers and employees by the justices of the\nappellate division, first department. 1. The appellate division of the\nsupreme court in the first department is authorized in its discretion to\nretire any clerk, assistant clerk, clerk to a justice, general law\nassistant to justices, stenographer, typewriter, interpreter, librarian,\nassistant librarian, crier, assistant crier, telephone operator or\nattendant who shall have served as such in such appellate division or in\nthe supreme court in and for the first judicial district or in any court\nwhich has been consolidated with the supreme court, or as an appointee\nof a justice of such court or courts, or in the court of general\nsessions, or who has had charge of the records of any such court in the\noffice of the clerks of the counties of New York and Bronx, and who\nshall have become physically or mentally incapacitated for the further\nperformance of the duties of his position. Such person, however, shall\nhave been employed prior to such retirement for at least twenty years in\nthe aggregate in one or more of such positions heretofore mentioned, or\nsuch person immediately prior to such retirement shall have been\nemployed continuously for at least ten years in one or more of such\npositions including service in the court of general sessions, and in\naddition thereto shall have also served or been employed at any time\nprior thereto in one or more places or positions in any court,\ndepartment or office of the state or of the county or city of New York,\nor as an appointee of a justice of such court or courts. Such combined\nemployment, however, shall aggregate at least twenty years. Any person\nor persons retired from service pursuant to this subdivision shall be\npaid out of the funds apportioned to the supreme court of the first\ndepartment an annual sum for annuity to be determined by such appellate\ndivision but not exceeding one-half of the average amount of his annual\nsalary or compensation for a period of two years preceding the time of\nsuch retirement.\n Such annuity shall be paid in equal monthly installments during the\nlifetime of the person or persons so retired.\n 2. Any clerk, assistant clerk, clerk to a justice, stenographer,\ntypewriter, interpreter, librarian, assistant librarian, crier,\nassistant crier, telephone operator or attendant who shall have served\nas such in such appellate division or in the supreme court in and for\nthe first judicial district or in any court which has been consolidated\nwith the supreme court in and for the first judicial district, or as an\nappointee of a justice of such court or courts, or who has had charge of\nthe records of any such court in the office of the clerks of the\ncounties of New York and Bronx, who shall have been employed for at\nleast twenty-five years in the aggregate in one or more of such\npositions or who shall have immediately prior to retirement been\nemployed without interruption of more than six months for at least\ntwelve and one-half years in one or more of such positions, and in\naddition thereto shall have also served or been employed at any time\nprior thereto in one or more places or positions in any court,\ndepartment or office of the state or of the county or city of New York,\nor as an appointee of a justice of such court or courts. Such combined\nemployment, however, shall aggregate at least twenty-five years. Upon\nhis own application in writing to the appellate division of the supreme\ncourt in the first department, he shall be retired by such appellate\ndivision and shall be awarded, granted and paid an annual sum for\nannuity equal to one-half of the average amount of his annual salary or\ncompensation for a period of two years preceding the time of such\nretirement. Any such employee or officer who loses such position or\nemployment without any fault or misconduct on his part after fourteen\nyears' total service in one or more of the positions or employment
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.