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ARTICLE V.

Added by Chapter 59, Laws of 1912.

Retirement of State Hospital Employees. Section 110. Retirement fund created; custody and control. 111. Retirement of employees.

112. Proceedings for retirement; annuities paid.
113. Retirement for disability caused by injury.

114. Term of service; how computed.

115. Contributions to retirement fund.

116. Repayments where retirement is without fault of employee; payments in case of death.

117. Payment in case of dismissal.

118. Temporary employees.

119. Retirement board created.

120. Medical examiners.

121. Application blanks.

122. Expenses of administration.

§ 110. Retirement fund created; custody and control. A permanent fund for the payment of annuities to employees of the New York state hospitals for the insane in the employ of the state of New York is hereby established, such fund to consist of moneys that may be paid in by those entitled to the benefits of the provisions of this section as hereinafter provided; moneys received from donations, gifts and bequests; moneys received from deductions for leave of absence without pay, deductions for sickness, and from other sources. The treasurer or other officer of any state hospital who collects or receives moneys, hereby declared to be part of such fund, shall pay to the comptroller of the state of New York, who shall place the same in such fund, which shall be invested by him and the money received from interest thereon shall be credited to said fund. All moneys belonging to the fund herein provided for shall be received by the comptroller of the state of New York who shall have charge of the administration thereof, and who shall pay therefrom the annuities; payable quarterly throughout life, or other benefits that may become due and payable hereunder. But no salaries for the administration of the fund are to be paid from such funds. The retirement board

hereinafter provided for, shall from time to time establish such reasonable rules and regulations for the administration and investment of such fund as will insure the perpetuation thereof. The comptroller of the state of New York shall report annually to the retirement board hereinafter provided the condition of said fund in detail, giving all items of receipt and disbursements and his recommendation in regard thereto.

§ 111. Retirement of employees. Any employee of the New York state hospitals for the insane, including the Matteawan and Dannemora hospitals for criminal insane, who shall have signified his or her intention to take advantage of this act and who shall faithfully and honestly discharge his or her duty in one or more of such state hospitals, or in any former city or county asylum, now a state hospital for the insane, or partly in each, for twentyfive years, shall upon his or her application to the retirement board hereinafter provided be entitled to retirement. Provided, however, in the opinion of the retirement board herein created there is sufficient money in the fund to warrant such retirement. Any person retired pursuant to the provisions of this section must be awarded, granted and paid from said retirement fund an annual amount equal te one-half of the salary or compensation, including maintenance, as fixed by the state commission in lunacy or by statute received by him or her, for the year immediately preceding the application or notice for retirement, provided, however, that no person shall receive such annuity until he or she shall have paid into the said fund, by deductions from his or her salary, or otherwise, an amount equal to fifty per centum of his or her first year's annuity. Such annuity shall be for the natural life of such person and payable in quarterly instalments, and shall not be revoked, repealed, diminished or subject to claim of creditors.

§ 112. Proceedings for retirement; annuities paid. The retirement board hereinafter provided for shall have power upon its own motion or upon the application in writing of any person entitled to the benefit of the retirement fund to retire any such person who shall have faithfully performed duty for fifteen years or more, and who shall have become mentally or physically incapacitated by reason of accident or illness, provided, however,

that reasonable notice in writing, shall be given by the board or one of its members of its proposed action, to the person intended to be retired and an opportunity afforded to such person to be heard before the final action is taken by said board, and said board shall certify in writing the reason for such retirement, and that the best interests of the public service demand the same. To aid in such determination, the board may cause the person intended to be retired, to be physically examined by the medical examiners hereinafter provided for. Any person retired pursuant to the provisions of this section must be awarded, granted and paid from said retirement fund an annual amount equal to as many twentyfifths of one-half of the salary or compensation, including maintenance received by him or her for the year immediately preceding the application for retirement as he or she has served years, provided, however, that no person shall receive such annuity until he or she shall have paid into said fund by deductions from his or her salary or otherwise an amount equal to fifty per centum of his or her first year's annuity. Such annuity shall be for the natural life of such person, payable in quarterly installments and shall not be revoked, repealed, diminished or subjected to the claims of creditors.

§ 113. Retirement for disability caused by injury. Any employee of a New York state hospital for the insane who shall have signified his or her intention to take advantage of this act and who upon the report of the medical examiner hereinafter provided for to the retirement board, has become permanently disabled by reason of an injury received in the line of duty of or at the hands of a patient of any New York state hospital for the insane and incapacitated for performing the duties of the position, shall be retired with such allowances as under the circumstances may appear fitting to the retirement board hereinafter provided. for, independently of length of service, but such allowance shall not be less than ten twenty-fifths of one-half of the salary, including maintenance, provided, however, that no person shall receive such annuity until he or she shall have paid into the said fund by deductions from his or her salary or otherwise an amount equal to fifty per centum of his or her first year's annuity. Such annuity

shall be for the natural life of such person, payable in quarterly installments, and shall not be revoked, repealed, diminished or subject to the claim of creditors.

§ 114. Term of service; how computed. The term of service of an employee of the New York state hospitals for the insane shall be computed according to the time such person was upon the pay-roll of any state hospital or any city or county asylum now a New York state hospital for the insane. Except the period of time during which any employee is exempt from the provisions of this act shall not be considered in computing his or her time of service.

§ 115. Contributions to retirement fund. Every employee of the New York state hospitals for the insane who shall have signified his or her intention to take advantage of this act shall contribute to said fund and the comptroller of the state of New York shall at the end of the first full calendar month after this act takes effect deduct and retain monthly from the salary and maintenance of such persons and pay into the said fund amounts as follows: Persons who have performed such duty for less than five years, one per centum. Persons who have performed such duty for more than five years and less than ten years, one and one-half per centum. Persons who have performed such duty for more than ten years and less than fifteen years, two per centum. Persons who have performed such duty for more than fifteen years and less than twenty years, two and one-half per centum. Persons who have performed such duty for more than twenty years, three per centum. Such payments shall cease when a person has paid for twenty-five years, or who has been retired pursuant to the provisions of this act. Every person to whom this article applies who shall have signified his or her intention to take advantage of this act, who shall continue in the employ of the New York state hospitals for the insane after this article takes effect, as well as every person to whom this article applies who may hereinafter be appointed to a position or place, shall be deemed to consent and agree to the deductions made and provided for herein, and shall receipt in full for the salary, pay or compensation which shall be

paid monthly or at any other time, 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, notwithstanding the provisions of any other law, rule or regulation affecting the salary, pay or compensation of any person or persons employed in the New York state civil service to whom this act applies.

§ 116. Repayments where retirement is without fault of employee; payments in case of death. Any person who has not become entitled to a retirement allowance, who loses his office or employment by reason of reduction of staff or any change due to the action of the hospital authorities, and not owing to his own default or misconduct, shall be entitled to receive on retirement the aggregate amount of his contribution to the fund or funds from which the retirement allowances are to be paid, together with interest thereon at the rate of four per centum per annum, and shall not be entitled to any further benefit under this article. In case of death of an employee who has made at least two payments, his estate shall either be reimbursed in the amount. contributed by him, or in such sum as the retirement board may deem proper.

§ 117. Payment in case of dismissal. A person, who has contributed to this fund for a period of not less than ten years, or a person whose length of service would entitle him otherwise to be retired within ten years, and who has contributed to this fund from the time it goes into effect, shall, in the event of dismissal from the service, have the right to appeal for a review of the facts to the retirement board, whose decisions shall be final.

§ 118. Temporary employees. The retirement board hereinafter provided shall exclude from the operation of this act any group of employees who receive their compensation on a temporary pay-roll and whose tenure of office is intermittent or of uncertain duration.

§ 119. Retirement board created. The retirement board bereinbefore mentioned, shall be composed of the comptroller of the state of New York, the president and the legal member of the

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