Incorporated Village of Nissequogue v. New York State Civil Service Commission

OPINION OF THE COURT

Mercure, J.

As a general rule, an individual who is retired from service with the State, a municipal corporation or a political subdivision of the State may not engage in the practice known as "double dipping”, where he or she simultaneously receives pension benefits and compensation for postretirement public employment or service (see, Civil Service Law § 150). Nonetheless, under Retirement and Social Security Law § 211, a retired person may receive pension benefits and compensation for public employment with the approval (as pertinent here) of respondent upon request of…