N.Y. Civil Service Law § 150: Suspension of pension and annuity during public employment

§ 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 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.