Bill Text: NY A05032 | 2019-2020 | General Assembly | Introduced
Bill Title: Prohibits elected officials from collecting retirement while still in office when the retirement is earned from an elective public office.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2020-01-08 - referred to governmental employees [A05032 Detail]
Download: New_York-2019-A05032-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5032 2019-2020 Regular Sessions IN ASSEMBLY 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: 1 Section 1. Section 150 of the civil service law, as amended by chapter 2 211 of the laws of 1995, is amended to read as follows: 3 § 150. Suspension of pension and annuity during public employment. 4 Except as otherwise provided by sections one hundred one, two hundred 5 eleven, and two hundred twelve of the retirement and social security 6 law, section five hundred three of the education law, and except as now 7 provided by any local law or charter, if any person subsequent to his or 8 her retirement from the civil service of the state or of any municipal 9 corporation or political subdivision of the state, shall accept any 10 office, position or employment in the civil service of the state or of 11 any municipal corporation or political subdivision of the state to which 12 any salary or emolument is attached, except jury duty or the office of 13 inspector of election, poll clerk or ballot clerk under the election 14 law, or the office of notary public or commissioner of deeds, [or an15elective public office,] any pension or annuity awarded or allotted to 16 him or her upon retirement, and payable by the state, by such municipal 17 corporation or political subdivision, or out of any fund established by 18 or pursuant to law, shall be suspended during such service or employment 19 and while such person is receiving any salary or emolument therefor 20 except reimbursement for traveling expenses. [Notwithstanding the fore-21going, if any person, subsequent to his or her retirement from an elec-22tive public office, accepts appointment, is re-elected or takes a new23oath of office to the same elective public office from which he or she24retired, his or her retirement allowance shall be suspended until theEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07321-01-9A. 5032 2 1date he or she vacates such elective public office, unless the amount2earned for any calendar year for that elective public office does not3exceed the earning limitation provided for retired persons in section4two hundred twelve of the retirement and social security law. However,5for purposes of this section the age seventy unlimited earnings6provision of section two hundred twelve of the retirement and social7security law will not pertain to any person, subsequent to his or her8retirement from an elective public office, if such person accepts9appointment, is re-elected or takes a new oath of office to the same10elective public office from which he or she retired]. 11 § 2. This act shall take effect immediately, and shall apply to all 12 current elected officials and all those elected after the effective date 13 of this act.