207 - Retirement of officers and employees by the judges of the county court of Kings county.
§ 207. Retirement of officers and employees by the judges of the county court of Kings county. 1. The judges of the county court of the county of Kings are hereby authorized, in their discretion, to retire any clerk, deputy clerk, assistant clerk, record clerk, stenographer, interpreter, chief court attendant, assistant chief court attendant, court attendant, probation officer, detective, warden of the grand jury, messenger, or any other attache of said court, who shall have served as such in the said court and who shall have become physically or mentally incapacitated for the further performance of the duties of his position, provided, however, that such person 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 provided that 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 of Kings or city of New York, provided, however, such combined employment 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 said court an annual sum for annuity to be determined by the said judges of the court, 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, chief court attendant, assistant chief court attendant, court attendant, probation officer, detective, warden of the grand jury, messenger, or any other attache of the county court of Kings county, who shall have served as such in the said court 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 of New York or county of Kings, provided, however, that such combined employment shall aggregate at least twenty-five years, shall upon his own application in writing to the said judges of the county court of Kings county be retired by the said 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 employee heretofore mentioned in this section 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, provided, however, the said employee 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 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 by the comptroller ofthe city of New York, upon the order of the judges of said court in the same manner that the salaries or wages of his former position were customarily paid to him, and the same shall be a charge upon the funds or moneys in the custody of the said comptroller, in like manner as are payments to the employees of said court: provided, however, that the funds or moneys in his custody, to the credit of the retirement fund, as hereinafter mentioned, and any funds apportioned to the county court of Kings county, be first applied to such payments. No employee in service at the time this section takes effect shall be retired pursuant to this subdivision unless within one full calendar month after this section takes effect he shall have signified his intention in writing to the said judges that he desires to take advantage of this section. The said judges of the county court of Kings county shall forthwith upon receipt of such notice or notices forward to the comptroller of the city of New York the names of all persons who have signified their intention to take advantage of this subdivision pursuant to the provisions thereof. The comptroller of the city of New York shall at the end of the second full calendar month after this section takes effect and at the end of each full calendar month thereafter deduct and retain monthly from the salary or compensation of each employee entitled to take advantage of this subdivision who has signified in the manner aforesaid his intention to take advantage thereof, and of each employee entitled to take advantage of the subdivision who may hereafter be employed or appointed, three per centum of his monthly salary. Such moneys so deducted or retained as aforesaid shall by the said comptroller 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 said comptroller for the purposes of this section with his usual powers of disposition and investment, subject, however, to the direction, control and approval of the said judges of the county court of Kings county. Every person to whom this subdivision applies who shall have signified his intention to take advantage thereof, who shall continue in his employment after this section takes effect, as well as every person to whom this subdivision applies, who may hereafter be employed or appointed to a position or place, 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. Upon the death of a member of this retirement system, there shall be paid to his estate, or to such person having an insurable interest in his life as he shall have nominated by written designation, duly executed and filed with the comptroller of the city of New York, his accumulated deductions.