Public-domain · open source
OpenJurist

N.Y. Civ. Serv. Law § 150

Suspension of pension and annuity during public employment

Applied in 2 court decisions — leading case The Matter of Gerald E. Loehr v. Administrative Board of the Courts of the State of New York (2017)

Most recently applied in The Matter of Gerald E. Loehr v. Administrative Board of the Courts of the State of New York (May 2017)

2014-09-22

§ 150. Suspension of pension and annuity during public employment.\nExcept as otherwise provided by sections one hundred one, two hundred\neleven, and two hundred twelve of the retirement and social security\nlaw, section five hundred three of the education law, and except as now\nprovided by any local law or charter, if any person subsequent to his or\nher retirement from the civil service of the state or of any municipal\ncorporation or political subdivision of the state, shall accept any\noffice, position or employment in the civil service of the state or of\nany municipal corporation or political subdivision of the state to which\nany salary or emolument is attached, except jury duty or the office of\ninspector of election, poll clerk or ballot clerk under the election\nlaw, or the office of notary public or commissioner of deeds, or an\nelective public office, any pension or annuity awarded or allotted to\nhim or her upon retirement, and payable by the state, by such municipal\ncorporation or political subdivision, or out of any fund established by\nor pursuant to law, shall be suspended during such service or employment\nand while such person is receiving any salary or emolument therefor\nexcept reimbursement for traveling expenses. Notwithstanding the\nforegoing, if any person, subsequent to his or her retirement from an\nelective public office, accepts appointment, is re-elected or takes a\nnew oath of office to the same elective public office from which he or\nshe retired, his or her retirement allowance shall be suspended until\nthe date he or she vacates such elective public office, unless the\namount earned for any calendar year for that elective public office does\nnot exceed the earning limitation provided for retired persons in\nsection two hundred twelve of the retirement and social security law.\nHowever, for purposes of this section the age seventy unlimited earnings\nprovision of section two hundred twelve of the retirement and social\nsecurity law will not pertain to any person, subsequent to his or her\nretirement from an elective public office, if such person accepts\nappointment, is re-elected or takes a new oath of office to the same\nelective public office from which he or she retired.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.