Bill Text: NY S04656 | 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 (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CIVIL SERVICE AND PENSIONS [S04656 Detail]

Download: New_York-2019-S04656-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4656
                               2019-2020 Regular Sessions
                    IN SENATE
                                     March 19, 2019
                                       ___________
        Introduced  by Sens. SKOUFIS, HOYLMAN -- 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.
                                                                   LBD07321-01-9

        S. 4656                             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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