GOV §1234: No public officer while serving in any elective office in this state shall receive a retirement allowance which is based in whole or part upon service in that elective office.

No public officer while serving in any elective office in this state shall receive a retirement allowance which is based in whole or part upon service in that elective office. The monthly retirement allowance shall be suspended during the period of such service and shall resume upon discontinuance of such service. Any retired person who renders such service shall not acquire any additional retirement rights or benefits thereunder because of such service. In the event that the retired person dies while rendering such service, his survivors shall receive the benefits provided by the system for the survivors of retired persons. “Public officer” for purposes of this section includes every officer of the state, and every officer of a county, city, city and county, district, and authority, and each department, division, bureau, board, commission, agency, or instrumentality of any of the foregoing. “Public officer” shall not include a retired judge while serving under assignment by the Chairman of the Judicial Council. This section shall only be applicable to persons elected to public office after its effective date.