Senate Bill S4419

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

                                  4419

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 23, 2009
                               ___________

Introduced  by  Sen.  O. JOHNSON  -- 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 certain suspension
  of pensions and annuities during public employment

  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 forego-
ing, if any person, subsequent to his or her retirement from an elective
public office, accepts appointment, is re-elected or takes a new 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03017-02-9
              

S. 4419                             2

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]  SIXTY-FIVE  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.  PROVIDED, FURTHER,
THAT  ANY  EMPLOYEE  WHO,  AFTER  RETIREMENT,  IS  HIRED  TO THE SAME OR
SUBSTANTIALLY SIMILAR POSITION FROM WHICH HE OR SHE RETIRED  SHALL  HAVE
ANY  PENSION  OR  ANNUITY AWARDED OR ALLOTTED TO HIM OR HER UPON RETIRE-
MENT, AND PAYABLE BY THE STATE, OR BY A MUNICIPAL CORPORATION  OR  POLI-
TICAL SUBDIVISION, OR OUT OF ANY FUND ESTABLISHED BY OR PURSUANT TO LAW,
SUSPENDED DURING SUCH SERVICE OR EMPLOYMENT WHILE SUCH PERSON IS RECEIV-
ING  SUCH  PENSION  OR ANNUITY IN AN AMOUNT EQUAL TO OR IN EXCESS OF THE
JOB RATE OF SG-24 AS SET FORTH IN PARAGRAPH  A  OF  SUBDIVISION  ONE  OF
SECTION ONE HUNDRED THIRTY OF THIS CHAPTER AS OF APRIL FIRST OF THE YEAR
IN  WHICH SUCH PERSON IS HIRED UNLESS THE AMOUNT EARNED FOR ANY CALENDAR
YEAR FOR SUCH PERSON DOES NOT EXCEED THE EARNING LIMITATION PROVIDED FOR
RETIRED PERSONS IN SECTION TWO HUNDRED  TWELVE  OF  THE  RETIREMENT  AND
SOCIAL  SECURITY LAW.  SUCH SUSPENSION SHALL REMAIN IN EFFECT UNTIL SUCH
PERSON ATTAINS THE AGE OF SEVENTY.
  S 2. This act shall take effect immediately.