STATE OF NEW YORK
________________________________________________________________________
11661
IN ASSEMBLY
July 29, 2026
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Powers) --
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
8 or her] their retirement from the civil service of the state or of any
9 municipal corporation or political subdivision of the state, shall
10 accept any office, position or employment in the civil service of the
11 state or of any municipal corporation or political subdivision of the
12 state to which any salary or emolument is attached, except jury duty or
13 the office of inspector of election, poll clerk or ballot clerk under
14 the election law, or the office of notary public or commissioner of
15 deeds, [or an elective public office,] any pension or annuity awarded or
16 allotted to [him or her] them upon retirement, and payable by the state,
17 by such municipal corporation or political subdivision, or out of any
18 fund established by or pursuant to law, shall be suspended during such
19 service or employment and while such person is receiving any salary or
20 emolument therefor except reimbursement for traveling expenses.
21 [Notwithstanding the foregoing, if any person, subsequent to his or her
22 retirement from an elective public office, accepts appointment, is re-e-
23 lected or takes a new oath of office to the same elective public office
24 from which he or she retired, his or her retirement allowance shall be
25 suspended until the date he or she vacates such elective public office,
26 unless the amount earned for any calendar year for that elective public
27 office does not exceed the earning limitation provided for retired
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08769-01-5
A. 11661 2
1 persons in section two hundred twelve of the retirement and social secu-
2 rity law. However, for purposes of this section the age seventy unlimit-
3 ed earnings provision of section two hundred twelve of the retirement
4 and social security law will not pertain to any person, subsequent to
5 his or her retirement from an elective public office, if such person
6 accepts appointment, is re-elected or takes a new oath of office to the
7 same elective public office from which he or she retired].
8 § 2. This act shall take effect immediately, and shall apply to all
9 current elected officials and all those elected after the effective date
10 of this act.
