Bill Text: NY S03456 | 2023-2024 | 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 (Democrat 2-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CIVIL SERVICE AND PENSIONS [S03456 Detail]

Download: New_York-2023-S03456-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          3456

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 31, 2023
                                       ___________

        Introduced  by  Sens.  SKOUFIS,  HOYLMAN-SIGAL -- 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:

     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  an
    15  elective  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-
    21  going, if any person, subsequent to his or her retirement from an  elec-
    22  tive  public  office,  accepts appointment, is re-elected or takes a new
    23  oath of office to the same elective public office from which he  or  she

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04550-01-3

        S. 3456                             2

     1  retired,  his  or  her retirement allowance shall be suspended until the
     2  date he or she vacates such elective public office,  unless  the  amount
     3  earned  for  any  calendar year for that elective public office does not
     4  exceed  the  earning  limitation provided for retired persons in section
     5  two hundred twelve of the retirement and social security  law.  However,
     6  for  purposes  of  this  section  the  age  seventy  unlimited  earnings
     7  provision of section two hundred twelve of  the  retirement  and  social
     8  security  law  will  not pertain to any person, subsequent to his or her
     9  retirement from an  elective  public  office,  if  such  person  accepts
    10  appointment,  is  re-elected  or  takes a new oath of office to the same
    11  elective public office from which he or she retired].
    12    § 2. This act shall take effect immediately, and shall  apply  to  all
    13  current elected officials and all those elected after the effective date
    14  of this act.
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