STATE OF NEW YORK ________________________________________________________________________ 117 2017-2018 Regular Sessions IN SENATE (Prefiled) January 4, 2017 ___________ Introduced by Sen. 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. LBD04531-01-7

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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.