S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3274
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
   tee on Governmental Employees
 
 AN ACT to amend the civil service law, the retirement and social securi-
   ty law, the administrative code of the city of New York  and  the  New
   York  city  charter, in relation to suspension of retirement allowance
   upon re-employment with a public authority or  public  benefit  corpo-
   ration
 
   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 OR
 ANY PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION 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  reimburse-
 ment  for  traveling  expenses.  Notwithstanding  the  foregoing, if any
 person, subsequent to his or her  retirement  from  an  elective  public
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04773-01-3
              

 A. 3274                             2
 
 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  earn-
 ing  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 elec-
 tive 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. Subdivision 1 of section 211 of the retirement and social securi-
 ty  law,  as  amended  by chapter 640 of the laws of 2008, is amended to
 read as follows:
   1. Notwithstanding the provisions of sections  one  hundred  one,  two
 hundred  twelve  and  four  hundred  one of this chapter or section five
 hundred three of the education law, or the provisions of any  local  law
 or  charter, a retired person may be employed and earn compensation in a
 position or positions in the public service, without any effect  on  his
 or  her status as retired and without suspension or diminution of his or
 her retirement allowance subject to one of the following: (a) His or her
 total compensation in such position or positions in any  calendar  year,
 including  compensation  earned  under other provisions of this article,
 shall not exceed the multiple of five hundred dollars next  higher  than
 the  difference  between  (1)  the  sum  of his or her annual retirement
 allowance computed without optional  modification  plus  annual  supple-
 mental  retirement  payments, if any, and (2) the salary on which his or
 her retirement allowance is based or his or her final salary,  whichever
 is  greater; or (b) The position in which he or she is employed is not a
 position in the service of a former employer, OR A PUBLIC  AUTHORITY  OR
 PUBLIC BENEFIT CORPORATION.
   § 3. Subdivision 1 of section 212 of the retirement and social securi-
 ty  law,  as  amended  by chapter 640 of the laws of 2008, is amended to
 read as follows:
   1. Notwithstanding the provisions of  section  one  hundred  one,  two
 hundred  eleven  or  four hundred one of this chapter or of section five
 hundred three of the education law, or the provisions of any  local  law
 or  charter,  any  retired  person  may continue as retired and, without
 loss, suspension or diminution of his or her retirement allowance,  earn
 in a position or positions in public service, EXCEPT FOR EMPLOYMENT WITH
 A  PUBLIC  AUTHORITY OR PUBLIC BENEFIT CORPORATION, in any calendar year
 an amount not exceeding the amount set forth in the table in subdivision
 two of this section provided such retired  person  employed  under  this
 section duly executes and files with the retirement system from which he
 or she is receiving a retirement allowance a statement that he elects to
 have  the provisions of this section apply to him or her. A statement of
 election executed and filed pursuant to this section may be withdrawn by
 a retired person at any time  by  a  statement  similarly  executed  and
 filed.  However,  there  shall  be  no  earning  limitations  under  the
 provisions of this section on or after the calendar year  in  which  any
 retired  person  attains age sixty-five. The retirement board of the New
 York state teachers' retirement system is authorized to adopt rules  and
 regulations  which  would  allow  retired persons receiving a retirement
 allowance from such system to make such statements of  earnings  from  a
 A. 3274                             3
 
 position  or  positions  in public service as such board shall determine
 necessary to enforce the provisions of this section in lieu of the fore-
 going statement of election.
   §  4.  Subdivision  b of section 13-178 of the administrative code for
 the city of New York is amended to read as follows:
   b. Under this section or section eleven hundred seventeen of the char-
 ter, during restoration to city-service or service under  the  state  of
 New  York  or  any municipal corporation or political subdivision of the
 state OR ANY PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION,  any  bene-
 fits  payable in the event of his or her death by reason of any optional
 selection in respect to his or her pension and his or  her  pension-for-
 increased-take-home-pay, if any, shall be suspended unless the benefici-
 ary  shall  pay  to  the  fund  or  funds from which his or her ordinary
 pension and his or her pension-for-increased-take-home-pay, if any, were
 payable, the amount by which his or her ordinary pension and his or  her
 pension-for-increased-take-home-pay,   if  any,  exceeded  the  optional
 pension and his  or  her  pension-for-increased-take-home-pay,  if  any,
 theretofore  granted  to  him  or  her. In the event of his or her death
 during any period covered by such contribution,  such  optional  benefit
 shall  be  payable. The provisions of this subdivision b shall not apply
 to any such beneficiary to whom the provisions of  subdivision  four  of
 section 13-151 of this chapter are applicable.
   §  5.  Section 1117 of the New York city charter, as amended by a vote
 of the people of the city of New York at the general  election  held  in
 November of 1989, is amended to read as follows:
   §  1117. Pensioner not to hold office. If a person receiving a pension
 or a retirement allowance  made  up  of  such  pension  and  an  annuity
 purchased  by  the  pensioner from the city or any agency, or out of any
 fund under the city or any agency, by reason of such person's own  prior
 employment by the city or any agency, shall hold and receive any compen-
 sation  from  any office, employment or position under the state or city
 or any of the counties included within the city or any municipal  corpo-
 ration  or  political subdivision of the state, OR A PUBLIC AUTHORITY OR
 PUBLIC BENEFIT CORPORATION, except the offices of inspector of election,
 poll clerk or ballot clerk under the election  law  or  commissioner  of
 deeds  or  notary  public or jury duty, the payment of said pension only
 shall be suspended and forfeited during and for  the  time  such  person
 shall  hold  and  receive  compensation  from  such  office, position or
 employment; but this section shall not apply where the pension  and  the
 salary  or  compensation of the office, employment or position amount in
 the aggregate to less than one thousand eight hundred dollars annually.
   § 6. This act shall take effect immediately.