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.