L. 1909, ch, 32, art. 5, as added by L. 1912, ch. 59, schedule of sections amended. $109 added. Chap. 499. AN ACT to amend the insanity law, in relation to the retirement of officers and employees of state hospitals for the insane.1 Became a law May 7, 1918, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The schedule of sections of article five of chapter thirty-two of the laws of nineteen hundred and nine, entitled "An act in relation to the insane, constituting chapter twentyseven of the consolidated laws," as inserted by chapter fifty-nine of the laws of nineteen hundred and twelve, is hereby amended to read as follows: ARTICLE V. RETIREMENT OF OFFICERS AND EMPLOYEES OF THE STATE Section 109. Definition. 110. Retirement fund created; custody and control. 112. Proceedings for retirement; physical disability. 115. Contributions to retirement fund. 116. Repayments when retirement is without fault of officer or employce; payments in case of death. 117. Forfeiture of right to annuity by default in mak ing contributions. 118. Temporary officers and employees. 119. Retirement board created. 120. Medical examiners. 121. Application blanks. 122. Expenses of administration. 2. Such chapter, as added by chapter fifty-nine of the laws of nineteen hundred and twelve, and amended by chapter six hundred and seven of the laws of nineteen hundred and sixteen, is 1 The amendments effected by this act are so numerous and extensive that it is impracticable to indicate the changes made. hereby amended by inserting therein a new section, to be section one hundred and nine, to read as follows: 109. Definition. Whenever the state hospital system is mentioned in this act it includes the officers and employees of all the state hospitals, including Dannemora and Matteawan state hospitals; the medical member of the state hospital commission and medical inspectors who have had previous experience in the New York state hospitals and employees of the state hospital commission; the bureau of deportation and the psychiatric institute. as added ch. 59 and by L. 1916, amended, § 3. Sections one hundred and ten, one hundred and eleven, $$ 110-118, one hundred and twelve, one hundred and thirteen, one hundred by L. 1912. and fourteen, one hundred and fifteen, one hundred and sixteen, amended one hundred and seventeen and one hundred and eighteen of such ch 607. chapter, as added by chapter fifty-nine of the laws of nineteen hundred and twelve, and amended by chapter six hundred and seven of the laws of nineteen hundred and sixteen, are hereby amended to read, respectively, as follows: § 110. Retirement fund created; custody and control. A permanent fund for the payment of annuities to officers and employees of the New York state hospital system 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, for not less than twenty-four hours nor more than thirty days in any one year; moneys received from deductions for sickness for not less than twenty-four hours nor more than ninety days in any one year, and moneys received from other sources. The treasurer or other officer of any department of the state hospital system who collects or receives money 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. The retirement board provided for in this article shall from time to time estab lish 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 for the fiscal year to the retirement board the condition of said fund in detail, giving all items of receipts and disbursements and his recommendation in regard thereto. This report shall be published with and as a part of the annual report of the state hospital commission. § 111. Retirement of officers and employees. Any officer or employee of the New York state hospital system for the care of the insane, including the Matteawan and Dannemora state hospitals for criminal insane, who shall have signified his or her intention to take advantage of the provisions of this article and who shall faithfully and honestly discharge his or her duty in one or more of such state hospitals, or state hospital department or in any former city or county asylum, now a state hospital for the insane, or partly in each for twenty-five years, shall upon his or her application to the retirement board be entitled to retirement; provided, however, in the opinion of such board, there is sufficient money in the fund to warrant such retirement. Every applicant must be in the service of the state hospital system for the insane, as hereinbefore provided, at the time application is made for retirement, and shall remain in the said service until notified by the retirement board of his or her 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 to one-half of the wages or compensation, including maintenance, as fixed by the state hospital commission or by statute received by him or her, for the year immediately preceding the application 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 wages, or by contributions in full, an amount equal to fifty per centum of his or her first year's annuity, and provided further that any such person who has been reduced in grade after twenty-five years of service shall be retired at the rate of wages and maintenance received by him or her during the twenty-fifth year of service and provided further that no annuity shall exceed the sum of fifteen hundred dollars per annum. Such annuity shall become effective from the first of the month immediately subsequent to the date of the meeting of the retirement board taking action on same, and shall be for the natural life of such person and payable in quarterly installments, and shall not be revoked, repealed, diminished or subject to claim of creditors. § 112. Proceedings for retirement; physical disability. The retirement board 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 and honestly discharged his or her duties in any department of the state hospital system including the Matteawan and Dannemora state hospitals for criminal insane, or former city or county asylum now a state hospital, or partly in each, for twenty-five years, or who shall have performed such duties for fifteen years or more, faithfully and honestly 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 such 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 wages for 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, in the opinion of the retirement board, there is sufficient money in the fund to warrant such retirement, and provided further that no person shall receive such annuity until he or she shall have paid into said fund by deductions from his or her wages or salary or by contribution in full an amount equal to fifty per centum of his or her first year's annuity, and further provided that no such annuity shall exceed fifteen hundred dollars per annum. Such annuity shall become effective from the first of the month immediately subsequent to the date of the meeting of the retirement board taking action on same, shall be payable in quarterly installments and shall not be diminished or subject to the claims of creditors. Officers or employees retired for disability under the provisions of this section shall be subject to examination by a medical examiner or board appointed by the retirement board, or by the retirement board itself; and in the event of an officer or employee so retired becoming able to perform active service again, he or she may be reinstated by the superintendent or other appointing power on a certificate of the retirement board that such retired officer or employee is again able to perform duty, and such annuity shall cease upon the date of such reinstatement. § 113. Retirement for disability caused by injury. Any officer or employee of the New York state hospital system for the insane who shall have signified his or her intention to take advantage of the provisions of this article and who upon the report of the medical examiner hereinafter provided for to the retirement board, has become totally disabled by reason of an injury received in the line of duty or at the hands of a patient of the New York state hospital system for the insane, including the Matteawan and Dannemora state hospitals for criminal 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, independently of length of service, but such allowance shall not be less than ten twenty-fifths of one-half of the wages, including maintenance, provided, however, in the opinion of the retirement board, there is sufficient money in the fund to warrant such retirement, and provided further that no person shall receive such annuity until he or she shall have paid into the said fund by deductions from his or her wages or by contribution in full an amount equal to fifty per centum of his or her first year's annuity as herein before provided. Such annuity shall become effective from the first of the month immediately subsequent to the date of the meeting of the retirement board taking action on same, shall be payable in quarterly installments, and shall not be diminished or subject to the claim of creditors. Officers and employees retired for disability under the provisions of this section shall be subject to an examination by a medical examiner or board appointed by the retirement board, or by the retirement board itself; and in the event of an officer or an employee so retired becoming able to perform active service again, he or she may be reinstated by the superintendent or other appointing power on a certificate of the retirement board that such retired officer or employee is again able to perform duty, and such annuity shall cease upon the date of such reinstatement. |