S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5032
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2019
                                ___________
 
 Introduced  by M. of A. SCHMITT -- read once and referred to the Commit-
   tee on Governmental Employees
 
 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:
   § 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

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

                                                            LBD07321-01-9

 A. 5032                             2

 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
 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].
   §  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.