208 - Retirement of officers and employees by the judges of the court of general sessions of the county of New York.
§ 208. Retirement of officers and employees by the judges of the court of general sessions of the county of New York. 1. The judges of the court of general sessions of the county of New York are hereby authorized, in their discretion, to retire any clerk, deputy clerk, assistant clerk, record clerk, stenographer, interpreter, warden to the grand jury, chief court attendant, attendant or an appointee of a judge of such court, who shall have served as such in the court of general sessions 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 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. 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 such court an annual sum for annuity to be determined by such judges, 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, warden to the grand jury, chief court attendant, attendant, or appointee of a judge of the court of general sessions, who shall have served as such in the court of general sessions, 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 or county of New York, provided, however, that such combined employment shall aggregate at least twenty-five years, upon his own application in writing to such judges, shall be retired by the 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 such employee heretofore mentioned 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. Such employee, 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 judges 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 out of the funds apportioned to such court, and from the contributions to the retirement fund in such manner as such judges shall provide by order upon such retirement. The comptroller ofthe city of New York shall deduct and retain monthly from the salary or compensation of each employee three per centum of his monthly salary. Such moneys so deducted or retained shall be paid into what shall be known as the retirement fund by the comptroller, 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 judges. Every person to whom this subdivision 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. The accumulated deductions since the first day of October, nineteen hundred twenty, of any member of the general sessions court pension fund, who may join or become a member of the New York city employees' retirement system, shall be transferred to such New York city employees' retirement system, and be there credited to the account of such member on account of payment due from him into such New York city employees' retirement system.