STATE OF NEW YORK
________________________________________________________________________
4237
2023-2024 Regular Sessions
IN ASSEMBLY
February 13, 2023
___________
Introduced by M. of A. JENSEN -- read once and referred to the Committee
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 forego-
21 ing, if any person, subsequent to his or her retirement from an elective
22 public office, accepts appointment, is re-elected or takes a new oath of
23 office to [the same] an 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.
LBD08871-01-3
A. 4237 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.
