Bill Text: NY A05032 | 2019-2020 | General Assembly | Introduced

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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

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                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 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
    24  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

     1  date  he  or  she vacates such elective public office, unless the amount
     2  earned for any calendar year for that elective public  office  does  not
     3  exceed  the  earning  limitation provided for retired persons in section
     4  two  hundred  twelve of the retirement and social security law. However,
     5  for  purposes  of  this  section  the  age  seventy  unlimited  earnings
     6  provision  of  section  two  hundred twelve of the retirement and social
     7  security law will not pertain to any person, subsequent to  his  or  her
     8  retirement  from  an  elective  public  office,  if  such person accepts
     9  appointment, is re-elected or takes a new oath of  office  to  the  same
    10  elective 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.