New York Consolidated Laws, Judiciary Law - JUD § 25-a. Retirement of judicial officers

1. A judicial officer retired from office for disability shall, if eligible, apply for retirement and shall retire from the retirement system or systems of which he is a member.  All such retirements shall be in accordance with and take effect pursuant to law governing such system or systems.

2. Any such judicial officer shall receive from the unit or units of government responsible for the payment of his salary a special disability allowance, which together with his pension or pensions, if any, from such retirement system or systems, computed without optional modification, shall equal two-thirds of the annual salary which such judicial officer was receiving at the time of his retirement from office;  provided, however, that in no event shall the special disability allowance exceed an amount which together with his retirement allowance or allowances computed without optional modification will equal such annual salary.

In the case of a justice of the supreme court, the cost of providing the special disability allowance shall be apportioned among the units of government in the same ratio as such units contributed to the total annual salary he was receiving at the time of his retirement from office.

3. The special disability allowance or appropriate portion thereof shall begin to accrue on the same date that his retirement from the retirement system of which he is a member becomes effective.  In the case of a judicial officer ineligible to retire, the special disability allowance shall begin to accrue on the date of the entry of the order by the court of appeals.

4. The special disability allowance provided for in subdivision two shall be payable to each such judicial officer on the first day of each month until the expiration of the term for which he had been elected or appointed or the last day of December next after he shall be seventy years of age or his death, whichever shall first occur.

5. The special disability allowance provided for in this section shall not reduce or suspend any retirement allowance of any such judicial officer, notwithstanding any other provision of law.