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.