Section 150. Suspension of pension and annuity during public employment  


Latest version.
  • 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
      foregoing, 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 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.