N.Y. Comp. Codes R. & Regs. tit. 2 § 374.2

Current through Register Vol. 46, No. 53, December 31, 2024

Section 374.2 - Continuation of elective office upon retirement from other public service

An individual who holds elective public office on the effective date of retirement from other employment covered by the New York State and Local Employees' Retirement System or the New York State and Local Police and Fire Retirement System shall not be required to resign from such elective office in order to receive a retirement allowance from either such system, if the following conditions are satisfied:

(a) the annual compensation for the elective office is less than annual compensation of the other position or positions from which the member is retiring. In the event that the individual is retiring from more than one nonelective position, the annual compensation for the elective office must be less than the total of the annual compensation of the other positions; and

(b) the annual compensation for the elective office does not exceed the then applicable limit with respect to allowable post-retirement public compensation provided by section 212 of the Retirement and Social Security Law.

N.Y. Comp. Codes R. & Regs. Tit. 2 § 374.2