senate Bill S332

Prohibits elected officials from collecting retirement while still in office when the retirement is earned from an elective public office

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 08 / Jan / 2014
    • REFERRED TO CIVIL SERVICE AND PENSIONS

Summary

Prohibits elected officials from collecting retirement while still in office when the retirement is earned from an elective public office.

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Bill Details

Versions:
S332
Legislative Cycle:
2013-2014
Current Committee:
Senate Civil Service And Pensions
Law Section:
Civil Service Law
Laws Affected:
Amd ยง150, Civ Serv L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S3338
2009-2010: S6186

Sponsor Memo

BILL NUMBER:S332

TITLE OF BILL: REVISED 12/10/12

An act
to amend the civil service law, in relation to prohibiting elected
officials from collecting retirement while still in an elected position

PURPOSE OR GENERAL IDEA OF BILL:

This will prevent any elected official from simultaneously collecting
a pension earned from a prior elected office and a salary from
currently held elected position.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends Section 150 of the civil service law as
amended by chapter 211 of the laws of 1995, to suspend the pension of
an elected official who retires from their elected position and is
either appointed to or re-elected to an elective public office and
continues to receive their legislative salary until he or she vacates
elective public office.

Section 2 of the bill is the effective date.

JUSTIFICATION:

This bill would stop elected officials from simultaneously collecting
government salaries and pensions. It is unfair to the general public
and ethically inappropriate that an elected official who is eligible
to receive a pension can retire, collect a government pension and
still be re-elected to another position and collect an additional
salary for the newly elected position. This bill would prohibit this
loophole in the current pension system.

PRIOR LEGISLATIVE HISTORY:

2011-12: S.3338

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

EFFECTIVE DATE:

Immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   332

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. AVELLA, KRUEGER -- 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:

  Section 1. Section 150 of the civil service law, as amended by chapter
211 of the laws of 1995, is amended to read as follows:
  S 150. Suspension of pension and  annuity  during  public  employment.
Except  as  otherwise  provided by sections one hundred one, two hundred
eleven, and two hundred twelve of the  retirement  and  social  security
law,  section five hundred three of the education law, and except as now
provided by any local law or charter, if any person subsequent to his or
her retirement from the civil service of the state or of  any  municipal
corporation  or  political  subdivision  of  the state, shall accept any
office, position or employment in the civil service of the state  or  of
any municipal corporation or political subdivision of the state to which
any  salary  or emolument is attached, except jury duty or the office of
inspector of election, poll clerk or ballot  clerk  under  the  election
law,  or  the  office  of notary public or commissioner of deeds, [or an
elective public office,] any pension or annuity awarded or  allotted  to
him  or her upon retirement, and payable by the state, by such municipal
corporation or political subdivision, or out of any fund established  by
or pursuant to law, shall be suspended during such service or employment
and  while  such  person  is  receiving any salary or emolument therefor
except reimbursement for traveling expenses. [Notwithstanding the  fore-
going,  if any person, subsequent to his or her retirement from an elec-
tive public office, accepts appointment, is re-elected or  takes  a  new

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01691-02-3

S. 332                              2

oath  of  office to the same elective public office from which he or she
retired, his or her retirement allowance shall be  suspended  until  the
date  he  or  she vacates such elective public office, unless the amount
earned  for  any  calendar year for that elective public office does not
exceed the earning limitation provided for retired  persons  in  section
two  hundred  twelve of the retirement and social security law. However,
for  purposes  of  this  section  the  age  seventy  unlimited  earnings
provision  of  section  two  hundred twelve of the retirement and social
security law will not pertain to any person, subsequent to  his  or  her
retirement  from  an  elective  public  office,  if  such person accepts
appointment, is re-elected or takes a new oath of  office  to  the  same
elective public office from which he or she retired].
  S 2. This act shall take effect immediately.

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