Bill Text: NY A06834 | 2023-2024 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Provides for military leave for all represented and non-represented persons employed by the port authority of New York and New Jersey.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed) 2024-03-21 - REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS [A06834 Detail]
Download: New_York-2023-A06834-Introduced.html
Bill Title: Provides for military leave for all represented and non-represented persons employed by the port authority of New York and New Jersey.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed) 2024-03-21 - REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS [A06834 Detail]
Download: New_York-2023-A06834-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6834 2023-2024 Regular Sessions IN ASSEMBLY May 8, 2023 ___________ Introduced by M. of A. JEAN-PIERRE -- read once and referred to the Committee on Corporations, Authorities and Commissions AN ACT to amend chapter 154 of the laws of 1921, relating to the Port Authority of New York and New Jersey, in relation to military leave for all represented and non-represented persons employed by the Port Authority of New York and New Jersey The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 1 of chapter 154 of the laws of 1921, relating to 2 the Port Authority of New York and New Jersey, is amended by adding a 3 new article IV-A to read as follows: 4 ARTICLE IV-A 5 1. Definitions. (a) Port Authority of New York and New Jersey employ- 6 ee. The term "Port Authority of New York and New Jersey employee", as 7 used in this act, shall include every person, by whatsoever title, 8 description or designation known, who receives any pay, salary or 9 compensation of any kind from The Port Authority of New York and New 10 Jersey, whether represented by a labor organization or not. 11 (b) Ordered military duty. The term "ordered military duty", as used 12 in this section, shall mean: Any military duty performed in the service 13 of the state or of the United States, including but not limited to 14 attendance at any service school or schools conducted by the armed forc- 15 es of the United States, by a Port Authority of New York and New Jersey 16 employee as a member of any force of the organized militia or of any 17 reserve force or reserve component of the armed forces of the United 18 States, pursuant to orders issued by competent state or federal authori- 19 ty, with or without the consent of such Port Authority of New York and 20 New Jersey employee. Participation in routine reserve officer training 21 corps training is not considered to be military duty except when 22 performing advanced training duty as a member of a reserve component of 23 the armed forces. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10909-01-3A. 6834 2 1 2. Leave of absence while engaged in performance of ordered military 2 duty. Every Port Authority of New York and New Jersey employee shall be 3 entitled to absent himself or herself and shall be deemed to have a 4 leave of absence from his or her duties or service as such public offi- 5 cer or employee while engaged in the performance of ordered military 6 duty and while going to and returning from such duty. 7 3. Leave of absence while attending service schools. Every Port 8 Authority of New York and New Jersey employee who is or becomes a volun- 9 tary member of any force of the organized militia or of any reserve 10 force or reserve component of the armed forces of the United States 11 shall be entitled to absent himself or herself and shall be deemed to 12 have a leave of absence from his or her duties or service as such Port 13 Authority of New York and New Jersey employee while in attendance, as a 14 member of such force or reserve components, at any service school or 15 schools conducted by the armed forces of the United States, and while 16 going to and returning from such school or schools, notwithstanding that 17 orders for such attendance are or may be issued with the consent of such 18 public officer or employee. 19 3-a. Leave of absence while performing full-time training duty or 20 active duty for training with or in an armed force of the United States. 21 Every Port Authority of New York and New Jersey employee who is or 22 becomes a member of any force of the organized militia or of any reserve 23 force or reserve component of the armed forces of the United States 24 shall be entitled to absent himself or herself and shall be deemed to 25 have a leave of absence from his or her duties or service as such public 26 officer or employee while performing, as a member of such force or 27 reserve component, initial full-time training duty or initial active 28 duty for training with or in an armed force of the United States under 29 the provisions of this chapter or the laws of the United States or both, 30 and while going to and returning from such full-time training duty or 31 active duty for training, notwithstanding that orders for such duty are 32 or may be issued with the consent of such public officer or employee. 33 4. Employment rights. Time during which a Port Authority of New York 34 and New Jersey employee is absent pursuant to the provisions of subdivi- 35 sions two, three and three-a of this article shall not constitute an 36 interruption of continuous employment and, notwithstanding the 37 provisions of any general, special or local law or the provisions of any 38 city charter, no such employee shall be subjected, directly or indirect- 39 ly, to any loss or diminution of time service, increment, vacation or 40 holiday privileges, or any other right or privilege, by reason of such 41 absence, or be prejudiced, by reason of such absence, with reference to 42 continuance in office or employment, reappointment to office, re-employ- 43 ment, reinstatement, transfer or promotion. 44 5. Pay for military duty. (a) Every Port Authority of New York and New 45 Jersey employee shall be paid their salary or other compensation as such 46 Port Authority of New York and New Jersey employee for any and all 47 periods of absence while engaged in the performance of ordered military 48 duty, and while going to and returning from such duty, not exceeding a 49 total of thirty days or twenty-two working days, whichever is greater, 50 in any one calendar year and not exceeding thirty days or twenty-two 51 working days, whichever is greater, in any one continuous period of such 52 absence. 53 (b) Every Port Authority of New York and New Jersey employee of The 54 Port Authority of New York and New Jersey who served in a combat theater 55 or combat zone of operations as documented by a copy of his or her 56 DD214, certificate of release or discharge from active duty, or otherA. 6834 3 1 applicable department of defense documentation, shall be paid his or her 2 salary or other compensation as such Port Authority of New York and New 3 Jersey employee for any and all periods of absence while utilizing any 4 health care related services related to such duty, not exceeding five 5 working days, in any one calendar year. 6 6. Rights and contributions under retirement systems. (a) The amount 7 of required contributions to any pension or retirement system of which a 8 Port Authority of New York and New Jersey employee absent while engaged 9 in the performance of ordered military duty is a member shall be 10 deducted from the salary or other compensation paid to him or her as 11 such Port Authority of New York and New Jersey employee as provided in 12 this section. If such required contributions exceed the amount of such 13 salary or other compensation to which a Port Authority of New York and 14 New Jersey employee is entitled while engaged in the performance of 15 military duty, the amount of such salary or other compensation shall be 16 applied upon such required contributions and such Port Authority of New 17 York and New Jersey employee shall have the right to pay to such pension 18 or retirement system the amount by which such contributions exceed such 19 salary or other compensation. Such Port Authority of New York and New 20 Jersey employee shall also have the right to pay to such system, for 21 any period of such absence during which he or she shall receive no sala- 22 ry or other compensation as such Port Authority of New York and New 23 Jersey employee, the amount that he or she would have contributed to 24 such system if he or she had been present and continuously engaged in 25 the performance of the duties of his or her position during such period. 26 (b) Such payments, other than those deducted from his or her salary 27 or other compensation as such Port Authority of New York and New Jersey 28 employee, may be paid from time to time at any time while engaged in 29 such ordered military duty or within five years after the date of termi- 30 nation of such ordered military duty, or, in the event of the death of 31 such Port Authority of New York and New Jersey employee while engaged 32 in ordered military duty, such payments, or any part thereof, may be 33 made by the named beneficiary or the legal representative of such Port 34 Authority of New York and New Jersey employee estate within one year 35 following proof of such death. 36 (c) To the extent that such contributions are paid, absence while 37 engaged in the performance of military duty shall be counted in deter- 38 mining the length of total service under such pension or retirement 39 system. 40 (d) Any such Port Authority of New York and New Jersey employee, while 41 engaged in the performance of ordered military duty, or his or her bene- 42 ficiary, as the case may be, shall be entitled to all the benefits of 43 the pension or retirement system of which he or she is a member except 44 accidental disability retirement and accidental death benefit. 45 § 2. This act shall take effect upon the enactment into law by the 46 state of New Jersey of legislation having an identical effect with this 47 act, but if the state of New Jersey shall have already enacted such 48 legislation this act shall take effect immediately. The chair or vice- 49 chair of the port authority as recommended by the governor of the state 50 of New York shall notify the legislative bill drafting commission upon 51 the occurrence of the enactment of the legislation provided for in 52 section one of this act in order that the commission may maintain an 53 accurate and timely effective data base of the official text of the laws 54 of the state of New York in furtherance of effectuating the provisions 55 of section 44 of the legislative law and section 70-b of the public 56 officers law.