Bill Text: NY A04237 | 2023-2024 | 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 4-0)

Status: (Introduced - Dead) 2024-01-03 - referred to governmental employees [A04237 Detail]

Download: New_York-2023-A04237-Introduced.html

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                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.