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This entry was published on 2014-09-22
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SECTION 150
Suspension of pension and annuity during public employment
Civil Service (CVS) CHAPTER 7, ARTICLE 10
§ 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
foregoing, if any person, subsequent to his or her retirement from an
elective 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 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.