S T A T E O F N E W Y O R K
________________________________________________________________________
3274
2023-2024 Regular Sessions
I N A S S E M B L Y
February 2, 2023
___________
Introduced by M. of A. EPSTEIN -- read once and referred to the Commit-
tee on Governmental Employees
AN ACT to amend the civil service law, the retirement and social securi-
ty law, the administrative code of the city of New York and the New
York city charter, in relation to suspension of retirement allowance
upon re-employment with a public authority or public benefit corpo-
ration
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 OR
ANY PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION 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 reimburse-
ment for traveling expenses. Notwithstanding the foregoing, if any
person, subsequent to his or her retirement from an elective public
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04773-01-3
A. 3274 2
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 she
vacates such elective public office, unless the amount earned for any
calendar year for that elective public office does not exceed the earn-
ing 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 elec-
tive 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. Subdivision 1 of section 211 of the retirement and social securi-
ty law, as amended by chapter 640 of the laws of 2008, is amended to
read as follows:
1. Notwithstanding the provisions of sections one hundred one, two
hundred twelve and four hundred one of this chapter or section five
hundred three of the education law, or the provisions of any local law
or charter, a retired person may be employed and earn compensation in a
position or positions in the public service, without any effect on his
or her status as retired and without suspension or diminution of his or
her retirement allowance subject to one of the following: (a) His or her
total compensation in such position or positions in any calendar year,
including compensation earned under other provisions of this article,
shall not exceed the multiple of five hundred dollars next higher than
the difference between (1) the sum of his or her annual retirement
allowance computed without optional modification plus annual supple-
mental retirement payments, if any, and (2) the salary on which his or
her retirement allowance is based or his or her final salary, whichever
is greater; or (b) The position in which he or she is employed is not a
position in the service of a former employer, OR A PUBLIC AUTHORITY OR
PUBLIC BENEFIT CORPORATION.
§ 3. Subdivision 1 of section 212 of the retirement and social securi-
ty law, as amended by chapter 640 of the laws of 2008, is amended to
read as follows:
1. Notwithstanding the provisions of section one hundred one, two
hundred eleven or four hundred one of this chapter or of section five
hundred three of the education law, or the provisions of any local law
or charter, any retired person may continue as retired and, without
loss, suspension or diminution of his or her retirement allowance, earn
in a position or positions in public service, EXCEPT FOR EMPLOYMENT WITH
A PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION, in any calendar year
an amount not exceeding the amount set forth in the table in subdivision
two of this section provided such retired person employed under this
section duly executes and files with the retirement system from which he
or she is receiving a retirement allowance a statement that he elects to
have the provisions of this section apply to him or her. A statement of
election executed and filed pursuant to this section may be withdrawn by
a retired person at any time by a statement similarly executed and
filed. However, there shall be no earning limitations under the
provisions of this section on or after the calendar year in which any
retired person attains age sixty-five. The retirement board of the New
York state teachers' retirement system is authorized to adopt rules and
regulations which would allow retired persons receiving a retirement
allowance from such system to make such statements of earnings from a
A. 3274 3
position or positions in public service as such board shall determine
necessary to enforce the provisions of this section in lieu of the fore-
going statement of election.
§ 4. Subdivision b of section 13-178 of the administrative code for
the city of New York is amended to read as follows:
b. Under this section or section eleven hundred seventeen of the char-
ter, during restoration to city-service or service under the state of
New York or any municipal corporation or political subdivision of the
state OR ANY PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION, any bene-
fits payable in the event of his or her death by reason of any optional
selection in respect to his or her pension and his or her pension-for-
increased-take-home-pay, if any, shall be suspended unless the benefici-
ary shall pay to the fund or funds from which his or her ordinary
pension and his or her pension-for-increased-take-home-pay, if any, were
payable, the amount by which his or her ordinary pension and his or her
pension-for-increased-take-home-pay, if any, exceeded the optional
pension and his or her pension-for-increased-take-home-pay, if any,
theretofore granted to him or her. In the event of his or her death
during any period covered by such contribution, such optional benefit
shall be payable. The provisions of this subdivision b shall not apply
to any such beneficiary to whom the provisions of subdivision four of
section 13-151 of this chapter are applicable.
§ 5. Section 1117 of the New York city charter, as amended by a vote
of the people of the city of New York at the general election held in
November of 1989, is amended to read as follows:
§ 1117. Pensioner not to hold office. If a person receiving a pension
or a retirement allowance made up of such pension and an annuity
purchased by the pensioner from the city or any agency, or out of any
fund under the city or any agency, by reason of such person's own prior
employment by the city or any agency, shall hold and receive any compen-
sation from any office, employment or position under the state or city
or any of the counties included within the city or any municipal corpo-
ration or political subdivision of the state, OR A PUBLIC AUTHORITY OR
PUBLIC BENEFIT CORPORATION, except the offices of inspector of election,
poll clerk or ballot clerk under the election law or commissioner of
deeds or notary public or jury duty, the payment of said pension only
shall be suspended and forfeited during and for the time such person
shall hold and receive compensation from such office, position or
employment; but this section shall not apply where the pension and the
salary or compensation of the office, employment or position amount in
the aggregate to less than one thousand eight hundred dollars annually.
§ 6. This act shall take effect immediately.