What's happening
This bill prohibits elected officials in New York from collecting retirement benefits while still serving in an elected position.
Why it matters
Closes a loophole. that previously allowed elected officials to draw a taxpayer-funded pension while still earning a salary in public office, addressing concerns about "double-dipping" and public trust in government.
Applies to both current and future elected officials. , meaning sitting officeholders who are collecting retirement benefits would have to suspend those payments until they leave office, not just new officeholders.
Could impact retirement planning and personal finances. for elected officials, potentially discouraging some long-serving public servants from remaining in office or running again.
Reinforces the integrity and fiscal responsibility. of public service by ensuring that holding elected office is not used as a means to maximize personal financial gain at the expense of taxpayers.
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Who cares
Headline styles
Stop Double-Dipping for Officials
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 39
1 Co-sponsor
History
- Referred to civil service and pensions
- Referred to civil service and pensions
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Stop Double-Dipping Elected Pensions
In Assembly Committee · Governmental Employees · Sponsor Colin Schmitt
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4656
2019-2020 Regular Sessions
IN SENATE
March 19, 2019
Introduced by Sens. SKOUFIS, HOYLMAN -- 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 Assembly, 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 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07321-01-9
S. 4656 2
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].
§ 2. This act shall take effect immediately, and shall apply to all current elected officials and all those elected after the effective date of this act.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the civil service law, in relation to prohibiting elected officials from collecting retirement while still in an elected position
Purpose
Prohibits officials from collecting retirement benefits for their elected position despite not retiring and still holding said elected position.
Summary of provisions
Section 1 amends Section 150 of the civil service law, amended by chap- ter 211 of the laws of 1995, by removing language that allows an elected official to collect a pension from the same elected position he or she is currently serving. The retirement allowance shall be suspended until the date he or she vacates such elective public office.
Justification
Countless New Yorkers collect a pension after retiring from their job or jobs. A number of our state's elected officials, however, take advantage of a loophole that allows them to collect a pension for their elected position even though they remain in said elected position and have not retired. This bill, which would affect both current and future so-called "double-dippers," seeks to correct the unfair equity that exists by closing the aforementioned loophole.
Legislative history
S.117 of 2018 (Hoylman): Referred to Civil Service and Pensions A.1631 of 2018 (Skoufis): Referred to Governmental Employees S.7081 of 2016 (Hoylman): Died in Civil Service & Pensions A.9567 of 2016 (Skoufis): Died in Governmental Employees
Fiscal implications
None.
Effective date
This act shall take effect immediately, and shall apply to all current elected officials and all those elected after the effective date of this act.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.