Retirement of state-paid full-time judges or justices of the unified court system and housing judges appointed pursuant to subdivision (f...

§ 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.