S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5576
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 13, 2019
                                ___________
 
 Introduced by M. of A. LAWRENCE, HAWLEY -- 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:
 
   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:
   § 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]  AN elective public office [from which he or she
 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.
              

                                                            LBD09617-01-9

 A. 5576                             2
 
 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].
   § 2. This act shall take effect immediately.