Prohibits elected officials from collecting retirement while still in office when the retirement is earned from an elective public office.
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.
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:
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
STATE OF NEW YORK ________________________________________________________________________ 332 2013-2014 Regular Sessions IN SENATE (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. S 2. This act shall take effect immediately.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]