S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7081

                            I N  S E N A T E

                             March 22, 2016
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions

AN ACT to amend the  civil  service  law,  in  relation  to  prohibiting
  elected officials from collecting retirement while still in an elected
  position

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 150 of the civil service law, as amended by chapter
211 of the laws of 1995, is amended to read as follows:
  S 150. Suspension of pension and  annuity  during  public  employment.
Except  as  otherwise  provided by sections one hundred one, two hundred
eleven, and two hundred twelve of the  retirement  and  social  security
law,  section five hundred three of the education law, and except as now
provided by any local law or charter, if any person subsequent to his or
her retirement from the civil service of the state or of  any  municipal
corporation  or  political  subdivision  of  the state, shall accept any
office, position or employment in the civil service of the state  or  of
any municipal corporation or political subdivision of the state to which
any  salary  or emolument is attached, except jury duty or the office of
inspector of election, poll clerk or ballot  clerk  under  the  election
law,  or  the  office  of notary public or commissioner of deeds, [or an
elective public office,] any pension or annuity awarded or  allotted  to
him  or her upon retirement, and payable by the state, by such municipal
corporation or political subdivision, or out of any fund established  by
or pursuant to law, shall be suspended during such service or employment
and  while  such  person  is  receiving any salary or emolument therefor
except reimbursement for traveling expenses. [Notwithstanding the  fore-
going,  if any person, subsequent to his or her retirement from an elec-
tive public office, accepts appointment, is re-elected or  takes  a  new
oath  of  office to the same elective public office from which he or she
retired, his or her retirement allowance shall be  suspended  until  the
date  he  or  she vacates such elective public office, unless the amount
earned for any calendar year for that elective public  office  does  not
exceed  the  earning  limitation provided for retired persons in section

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD14593-01-6

S. 7081                             2

two hundred twelve of the retirement and social security  law.  However,
for  purposes  of  this  section  the  age  seventy  unlimited  earnings
provision of section two hundred twelve of  the  retirement  and  social
security  law  will  not pertain to any person, subsequent to his or her
retirement from an  elective  public  office,  if  such  person  accepts
appointment,  is  re-elected  or  takes a new oath of office to the same
elective public office from which he or she retired].
  S 2. This act shall take effect immediately, and shall  apply  to  all
current elected officials and all those elected after the effective date
of this act.