Subchapter 5 - RETIREMENT BY BOARD OF ESTIMATE¶
Section 13-639¶
Section 13-639
§ 13-639 Board of estimate; authority to recommend retirement. Any
officer, whether appointed or elected, clerk or employee of any agency
in the employ of the city or of any of the municipalities, counties or
parts thereof which have been incorporated into the city and any
officer, clerk or employee whose salary or compensation is a county
charge who shall have been employed for a period of thirty years and
upwards and who shall have become physically or mentally incapacitated
for the further performance of the duties of his or her position, may be
recommended for retirement from active service to the board of estimate
by any member thereof whenever, in his or her judgment, it shall be to
the interest of the public service. The term of service, however, shall
not be affected by any change in title, duty or salary or by any
promotion or by a vacation or leave of absence or by any temporary
disability by reason of sickness or accident or by any transfer from one
agency to another during the period of service, or by any change of any
of the agencies in which service shall have been performed from an
office paid by fees to a salaried office.
Section 13-640¶
Section 13-640
§ 13-640 Authority to retire. The board of estimate is authorized and
empowered to retire from active service any person recommended for
retirement as provided by section 13-639 of this chapter. Reasonable
notice of its proposed action shall be given by such board to any person
intended to be retired and an opportunity of making an explanation shall
be given to such person. The board shall state its reasons for retiring
any such person and that the interests of the public service require
such retirement.
Section 13-641¶
Section 13-641
§ 13-641 Annuities; annuities to retired employees. Any person retired
from active service pursuant to sections 13-639 and 13-640 of this
chapter, shall be awarded and granted by the board of estimate an annual
sum or annuity to be fixed by such board not exceeding, however,
one-half of the amount which his or her annual salary or compensation
averages for the period of three years immediately prior to the time of
his or her retirement. The comptroller shall pay the annuities granted
in monthly installments. Such payments are to continue during the
lifetime of the person or persons so retired. There shall be included
annually in the budget such sums as may be required for such payments.
Section 13-642¶
Section 13-642
§ 13-642 When annuities forfeited. Any person who, subsequent to his
or her retirement under the provisions of sections 13-639, 13-640 and
13-641 of this chapter, shall accept any office, position or employment
to which any salary or emolument is attached in the civil service in the
state of New York, or of any county, or any municipal corporation
therein, except the office of inspector or clerk of election and
registry or other temporary office provided for in the election and
registry laws of this state, and except the office of notary public and
commissioner of deeds during such service or employment and while
receiving any salary or emolument therefor, shall relinquish and forfeit
the annuity allotted to him or her upon his or her retirement.
Section 13-643¶
Section 13-643
§ 13-643 Application of subchapter. This subchapter shall not apply to
any person who is, or may be, entitled to share in any pension fund
supported in whole or in part by the city.
NYC Laws & Codes