Section 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.