S332-2013 Actions

• Jan 9, 2013: REFERRED TO CIVIL SERVICE AND PENSIONS

S332-2013 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.

S332-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          332
 2013-2014 Regular Sessions
 I N  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
 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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