Retirement by Board of Estimate

NYC Admin. Code tit. 13, ch. 5, subch. 5

in effect

NYC Admin. Code § 13-639 Board of estimate; authority to recommend retirement.

§ 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.

NYC Admin. Code § 13-640 Authority to retire.

§ 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.

NYC Admin. Code § 13-641 Annuities; annuities to retired employees.

§ 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.

NYC Admin. Code § 13-642 When annuities forfeited.

§ 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.

NYC Admin. Code § 13-643 Application of subchapter.

§ 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.

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-226417Fetched: 10/24/2026