State Codes and Statutes

Statutes > New-york > Cor > Article-18 > 470

§  470.  When  guards  and  other employees may be retired. A guard or  other employee in a state prison or reformatory, or an employee  in  the  department  of correction, who shall have served a term of employment of  twenty-five years, which employment, in the case of a guard or  employee  in  a  state  prison or reformatory, was either wholly in such prison or  reformatory  or  partly  therein  and  partly  in  another   prison   or  reformatory or in a state hospital or penitentiary, or which employment,  in  the  case of an employee of the department of correction, was either  wholly in such department or the former  prison  department,  or  partly  therein   and  partly  as  a  guard  or  other  employee  in  a  prison,  reformatory, hospital or penitentiary, or in one or more  of  them,  and  which,  in  the  case of any such guard or employee in a state prison or  reformatory or employee in the department of correction, was  either  in  one consecutive term or in two or more terms which shall together amount  to  a total period of employment of twenty-five years, may, if unable to  perform his regular duties in a manner satisfactory to the  commissioner  of  correction be retired as hereinafter provided at one-half his annual  salary for the year immediately preceding such retirement.  An  employee  who  retires  on  or  after April first, nineteen hundred seventy, shall  receive an additional pension of two per centum of  his  average  annual  salary  earned  during  the three years immediately preceding retirement  for each year of service in excess of  twenty-five;  provided,  however,  that  the  total  pension provided by the state pursuant to this section  shall not exceed seventy-five per centum of the  average  annual  salary  earned during the three years immediately preceding retirement. Any such  guard  or  employee  who  is  physically or mentally incapacited for the  performance of duty after a total period of employment of  twenty  years  shall  be  retired  and paid annually a pension of forty per cent of his  annual salary for the year immediately preceding such retirement plus an  additional two per cent for each year of  service  after  twenty  years;  provided,  however,  that  such  pension  shall  not exceed one-half his  annual salary for the year immediately preceding such  retirement.  Such  pension  shall  be  paid  annually as long as such disability continues,  upon  certification  of  a  board  consisting  of  the  commissioner  of  correction,  the attorney general and the comptroller. Any such guard or  employee who shall have reached the age of seventy years, who shall have  served a term of employment of not less  than  fifteen  years,  may,  if  unable  to  perform  his  regular duties in a manner satisfactory to the  commissioner of correction be retired as hereinafter  provided,  and  be  paid  such  proportion  of  one-half  of  his annual salary for the year  immediately preceding such retirement, as the  number  of  years  served  bears  to  the  full  term  of  twenty-five years. Prison or reformatory  service shall include the service in time of war of honorably discharged  officers, soldiers, sailors, marines, and army nurses  who  were  actual  residents  of  the  state  at  the time of their entry into the military  service of the United States, and the service of members of the national  guard in the military service of the United States pursuant to  call  of  the  president for Mexican border service. Such payment shall be payable  out  of  moneys  appropriated  therefor,  and  shall  not  be   revoked,  diminished or subject to the claims of creditors. Such guard or employee  may be retired when such action shall be in the interest of the state in  the  following  manner:  A  guard  or  employee  of  the  department  of  correction shall  be  retired  upon  approval  of  the  commissioner  of  correction  at  the  expiration  of  twenty-five  years of service, upon  application for such  retirement  to  the  commissioner  of  correction.  Within  the  meaning  of  this section, an employee of the department of  correction  means  any  person  employed  under  the   commissioner   of  correction.

State Codes and Statutes

Statutes > New-york > Cor > Article-18 > 470

§  470.  When  guards  and  other employees may be retired. A guard or  other employee in a state prison or reformatory, or an employee  in  the  department  of correction, who shall have served a term of employment of  twenty-five years, which employment, in the case of a guard or  employee  in  a  state  prison or reformatory, was either wholly in such prison or  reformatory  or  partly  therein  and  partly  in  another   prison   or  reformatory or in a state hospital or penitentiary, or which employment,  in  the  case of an employee of the department of correction, was either  wholly in such department or the former  prison  department,  or  partly  therein   and  partly  as  a  guard  or  other  employee  in  a  prison,  reformatory, hospital or penitentiary, or in one or more  of  them,  and  which,  in  the  case of any such guard or employee in a state prison or  reformatory or employee in the department of correction, was  either  in  one consecutive term or in two or more terms which shall together amount  to  a total period of employment of twenty-five years, may, if unable to  perform his regular duties in a manner satisfactory to the  commissioner  of  correction be retired as hereinafter provided at one-half his annual  salary for the year immediately preceding such retirement.  An  employee  who  retires  on  or  after April first, nineteen hundred seventy, shall  receive an additional pension of two per centum of  his  average  annual  salary  earned  during  the three years immediately preceding retirement  for each year of service in excess of  twenty-five;  provided,  however,  that  the  total  pension provided by the state pursuant to this section  shall not exceed seventy-five per centum of the  average  annual  salary  earned during the three years immediately preceding retirement. Any such  guard  or  employee  who  is  physically or mentally incapacited for the  performance of duty after a total period of employment of  twenty  years  shall  be  retired  and paid annually a pension of forty per cent of his  annual salary for the year immediately preceding such retirement plus an  additional two per cent for each year of  service  after  twenty  years;  provided,  however,  that  such  pension  shall  not exceed one-half his  annual salary for the year immediately preceding such  retirement.  Such  pension  shall  be  paid  annually as long as such disability continues,  upon  certification  of  a  board  consisting  of  the  commissioner  of  correction,  the attorney general and the comptroller. Any such guard or  employee who shall have reached the age of seventy years, who shall have  served a term of employment of not less  than  fifteen  years,  may,  if  unable  to  perform  his  regular duties in a manner satisfactory to the  commissioner of correction be retired as hereinafter  provided,  and  be  paid  such  proportion  of  one-half  of  his annual salary for the year  immediately preceding such retirement, as the  number  of  years  served  bears  to  the  full  term  of  twenty-five years. Prison or reformatory  service shall include the service in time of war of honorably discharged  officers, soldiers, sailors, marines, and army nurses  who  were  actual  residents  of  the  state  at  the time of their entry into the military  service of the United States, and the service of members of the national  guard in the military service of the United States pursuant to  call  of  the  president for Mexican border service. Such payment shall be payable  out  of  moneys  appropriated  therefor,  and  shall  not  be   revoked,  diminished or subject to the claims of creditors. Such guard or employee  may be retired when such action shall be in the interest of the state in  the  following  manner:  A  guard  or  employee  of  the  department  of  correction shall  be  retired  upon  approval  of  the  commissioner  of  correction  at  the  expiration  of  twenty-five  years of service, upon  application for such  retirement  to  the  commissioner  of  correction.  Within  the  meaning  of  this section, an employee of the department of  correction  means  any  person  employed  under  the   commissioner   of  correction.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Cor > Article-18 > 470

§  470.  When  guards  and  other employees may be retired. A guard or  other employee in a state prison or reformatory, or an employee  in  the  department  of correction, who shall have served a term of employment of  twenty-five years, which employment, in the case of a guard or  employee  in  a  state  prison or reformatory, was either wholly in such prison or  reformatory  or  partly  therein  and  partly  in  another   prison   or  reformatory or in a state hospital or penitentiary, or which employment,  in  the  case of an employee of the department of correction, was either  wholly in such department or the former  prison  department,  or  partly  therein   and  partly  as  a  guard  or  other  employee  in  a  prison,  reformatory, hospital or penitentiary, or in one or more  of  them,  and  which,  in  the  case of any such guard or employee in a state prison or  reformatory or employee in the department of correction, was  either  in  one consecutive term or in two or more terms which shall together amount  to  a total period of employment of twenty-five years, may, if unable to  perform his regular duties in a manner satisfactory to the  commissioner  of  correction be retired as hereinafter provided at one-half his annual  salary for the year immediately preceding such retirement.  An  employee  who  retires  on  or  after April first, nineteen hundred seventy, shall  receive an additional pension of two per centum of  his  average  annual  salary  earned  during  the three years immediately preceding retirement  for each year of service in excess of  twenty-five;  provided,  however,  that  the  total  pension provided by the state pursuant to this section  shall not exceed seventy-five per centum of the  average  annual  salary  earned during the three years immediately preceding retirement. Any such  guard  or  employee  who  is  physically or mentally incapacited for the  performance of duty after a total period of employment of  twenty  years  shall  be  retired  and paid annually a pension of forty per cent of his  annual salary for the year immediately preceding such retirement plus an  additional two per cent for each year of  service  after  twenty  years;  provided,  however,  that  such  pension  shall  not exceed one-half his  annual salary for the year immediately preceding such  retirement.  Such  pension  shall  be  paid  annually as long as such disability continues,  upon  certification  of  a  board  consisting  of  the  commissioner  of  correction,  the attorney general and the comptroller. Any such guard or  employee who shall have reached the age of seventy years, who shall have  served a term of employment of not less  than  fifteen  years,  may,  if  unable  to  perform  his  regular duties in a manner satisfactory to the  commissioner of correction be retired as hereinafter  provided,  and  be  paid  such  proportion  of  one-half  of  his annual salary for the year  immediately preceding such retirement, as the  number  of  years  served  bears  to  the  full  term  of  twenty-five years. Prison or reformatory  service shall include the service in time of war of honorably discharged  officers, soldiers, sailors, marines, and army nurses  who  were  actual  residents  of  the  state  at  the time of their entry into the military  service of the United States, and the service of members of the national  guard in the military service of the United States pursuant to  call  of  the  president for Mexican border service. Such payment shall be payable  out  of  moneys  appropriated  therefor,  and  shall  not  be   revoked,  diminished or subject to the claims of creditors. Such guard or employee  may be retired when such action shall be in the interest of the state in  the  following  manner:  A  guard  or  employee  of  the  department  of  correction shall  be  retired  upon  approval  of  the  commissioner  of  correction  at  the  expiration  of  twenty-five  years of service, upon  application for such  retirement  to  the  commissioner  of  correction.  Within  the  meaning  of  this section, an employee of the department of  correction  means  any  person  employed  under  the   commissioner   of  correction.