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.