Bill Text: NY S01367 | 2009-2010 | General Assembly | Introduced


Bill Title: Extends the end of the period of service constituting World War II until December 31, 1946 for purposes of retirement, public service and veterans' real property tax exemptions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO EDUCATION [S01367 Detail]

Download: New_York-2009-S01367-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1367
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   January 29, 2009
                                      ___________
       Introduced  by  Sen.  O. JOHNSON  -- read twice and ordered printed, and
         when printed to be committed to the Committee on Education
       AN ACT to amend the education law, the military law, the retirement  and
         social  security  law  and  the  real property tax law, in relation to
         extending the date of the end of service in World War II until  Decem-
         ber 31, 1946
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The opening paragraph of subdivision 6 of  section  503  of
    2  the  education  law,  as  amended by chapter 616 of the laws of 1995, is
    3  amended to read as follows:
    4    Credit for service in war after world war I, which shall mean military
    5  service during the period commencing the first  day  of  July,  nineteen
    6  hundred  forty,  and  terminating  the  thirtieth  day of June, nineteen
    7  hundred forty-seven, or during the period commencing the  twenty-seventh
    8  day  of  June,  nineteen hundred fifty, and terminating the thirty-first
    9  day of January, nineteen hundred fifty-five, or during both  such  peri-
   10  ods, as a member of the armed forces of the United States, of any person
   11  who  has  been  honorably discharged or released under honorable circum-
   12  stances from such service, or service by one who was employed by the War
   13  Shipping Administration or Office of  Defense  Transportation  or  their
   14  agents  as a merchant seaman documented by the United States Coast Guard
   15  or Department of Commerce, or as a civil servant employed by the  United
   16  States  Army  Transport Service (later redesignated as the United States
   17  Army Transportation Corps, Water Division) or the  Naval  Transportation
   18  Service; and who served satisfactorily as a crew member during the peri-
   19  od  of  armed conflict, December seventh, nineteen hundred forty-one, to
   20  [August fifteenth] DECEMBER THIRTY-FIRST, nineteen hundred  [forty-five]
   21  FORTY-SIX,  aboard merchant vessels in oceangoing, i.e., foreign, inter-
   22  coastal, or coastwise service as such terms are  defined  under  federal
   23  law  (46  USCA  10301  &  10501)  and  further to include "near foreign"
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06097-01-9
       S. 1367                             2
    1  voyages between the United States and Canada, Mexico, or the West Indies
    2  via ocean routes, or public vessels in  oceangoing  service  or  foreign
    3  waters  and  who has received a Certificate of Release or Discharge from
    4  Active  Duty  and  a  discharge  certificate,  or  an  Honorable Service
    5  Certificate/Report of Casualty, from the Department of  Defense  or  who
    6  served  as  a  United  States  civilian  employed  by the American Field
    7  Service and served overseas under United States Armies and United States
    8  Army Groups in world war II during the period of armed conflict,  Decem-
    9  ber  seventh,  nineteen  hundred forty-one through [May eighth] DECEMBER
   10  THIRTY-FIRST, nineteen  hundred  [forty-five]  FORTY-SIX,  and  who  was
   11  discharged  or  released  therefrom  under  honorable conditions, or who
   12  served as a United States  civilian  Flight  Crew  and  Aviation  Ground
   13  Support  Employee  of  Pan  American World Airways or one of its subsid-
   14  iaries or its affiliates and served overseas as a result of  Pan  Ameri-
   15  can's contract with Air Transport Command or Naval Air Transport Service
   16  during  the  period  of  armed  conflict,  December fourteenth, nineteen
   17  hundred forty-one through August  fourteenth,  nineteen  hundred  forty-
   18  five,  and  who  was  discharged  or  released therefrom under honorable
   19  conditions, and who was a teacher in the public schools of this state at
   20  the time of his entrance into the armed forces  of  the  United  States,
   21  provided  no  compensation  was received under the provisions of section
   22  two hundred forty-two of the military law, and who  returned  to  public
   23  school  teaching following discharge or completion of advanced education
   24  provided under servicemen's readjustment act of nineteen hundred  forty-
   25  four,  or who following such discharge or release entered into a service
   26  which would qualify him pursuant to section forty-three of  the  retire-
   27  ment  and social security law to transfer his membership in the New York
   28  state teachers' retirement system, shall be  provided  as  follows,  any
   29  provisions of section two hundred forty-three of the military law to the
   30  contrary notwithstanding.
   31    S  2.  Paragraph  (b)  of subdivision 1 of section 243 of the military
   32  law, as amended by chapter 248 of the laws of 2001, is amended  to  read
   33  as follows:
   34    (b)  The term "military duty" shall mean military service in the mili-
   35  tary, naval, aviation or marine service of the United States  subsequent
   36  to  July  first,  nineteen hundred forty, or service under the selective
   37  training and service act of nineteen  hundred  forty,  or  the  national
   38  guard  and  reserve officers mobilization act of nineteen hundred forty,
   39  or any other act of congress supplementary or amendatory thereto, or any
   40  similar act of congress hereafter enacted and irrespective of  the  fact
   41  that  such  service  was  entered  upon following a voluntary enlistment
   42  therefor or was required under one of the foregoing acts of congress, or
   43  service with the United States public health service as  a  commissioned
   44  officer,  or  service  with  the American Red Cross while with the armed
   45  forces of the United States on foreign  service,  or  service  with  the
   46  special  services  section  of  the armed forces of the United States on
   47  foreign service, or service in the merchant marine which  shall  consist
   48  of  service as an officer or member of the crew on or in connection with
   49  a vessel documented under the laws of the  United  States  or  a  vessel
   50  owned  by, chartered to, or operated by or for the account or use of the
   51  government of the United States, or service by one who was  employed  by
   52  the  War  Shipping Administration or Office of Defense Transportation or
   53  their agents as a merchant seaman documented by the United States  Coast
   54  Guard  or  Department of Commerce, or as a civil servant employed by the
   55  United States Army Transport Service (later redesignated as  the  United
   56  States Army Transportation Corps, Water Division) or the Naval Transpor-
       S. 1367                             3
    1  tation  Service;  and  who served satisfactorily as a crew member during
    2  the period of armed conflict, December seventh, nineteen hundred  forty-
    3  one,  to  [August  fifteenth]  DECEMBER  THIRTY-FIRST,  nineteen hundred
    4  [forty-five]  FORTY-SIX,  aboard  merchant  vessels in oceangoing, i.e.,
    5  foreign, intercoastal, or coastwise service as such  terms  are  defined
    6  under  federal  law (46 USCA 10301 & 10501) and further to include "near
    7  foreign" voyages between the United States and Canada,  Mexico,  or  the
    8  West Indies via ocean routes, or public vessels in oceangoing service or
    9  foreign  waters  and  who  has  received  a  Certificate  of  Release or
   10  Discharge from Active Duty and a discharge certificate, or an  Honorable
   11  Service  Certificate/Report of Casualty, from the Department of Defense,
   12  or who served as a United States civilian employed by the American Field
   13  Service and served overseas under United States Armies and United States
   14  Army Groups in world war II during the period of armed conflict,  Decem-
   15  ber  seventh,  nineteen  hundred forty-one through [May eighth] DECEMBER
   16  THIRTY-FIRST, nineteen  hundred  [forty-five]  FORTY-SIX,  and  who  was
   17  discharged  or  released  therefrom  under  honorable conditions, or who
   18  served as a United States  civilian  Flight  Crew  and  Aviation  Ground
   19  Support  Employee  of  Pan  American World Airways or one of its subsid-
   20  iaries or its affiliates and served overseas as a result of  Pan  Ameri-
   21  can's contract with Air Transport Command or Naval Air Transport Service
   22  during  the  period  of  armed  conflict,  December fourteenth, nineteen
   23  hundred forty-one through August  fourteenth,  nineteen  hundred  forty-
   24  five,  and  who  was  discharged  or  released therefrom under honorable
   25  conditions; or service in police duty on behalf  of  the  United  States
   26  government  in a foreign country, if such person is a police officer, as
   27  defined by section 1.20 of the  criminal  procedure  law,  and  if  such
   28  police  officer obtained the prior consent of his or her public employer
   29  to absent himself or herself from his or her position to engage  in  the
   30  performance  of  such  service;  or  as an enrollee in the United States
   31  maritime service on active duty and, to such extent as may be prescribed
   32  by or under the laws of the United States, any period  awaiting  assign-
   33  ment  to  such  service and any period of education or training for such
   34  service in any school or  institution  under  the  jurisdiction  of  the
   35  United  States government, but shall not include temporary and intermit-
   36  tent gratuitous service in any reserve  or  auxiliary  force.  It  shall
   37  include time spent in reporting for and returning from military duty and
   38  shall be deemed to commence when the public employee leaves his position
   39  and  to  end  when he is reinstated to his position, provided such rein-
   40  statement is within ninety days after the termination of military  duty,
   41  as  hereinafter  defined.    Notwithstanding the foregoing provisions of
   42  this paragraph, the term "military duty" shall not include  any  of  the
   43  foregoing  services  entered upon voluntarily on or after January first,
   44  nineteen hundred forty-seven  and  before  June  twenty-fifth,  nineteen
   45  hundred  fifty;  and,  on or after July first, nineteen hundred seventy,
   46  the term "military duty" shall not  include  any  voluntary  service  in
   47  excess  of  four  years  performed  after that date, or the total of any
   48  voluntary services, additional or otherwise, in  excess  of  four  years
   49  performed  after  that date, shall not exceed five years, if the service
   50  in excess of four years is at the request and for the convenience of the
   51  federal government, except if such voluntary service is performed during
   52  a period of war, or national emergency declared by the president.
   53    S 3. Subdivision 31 of section 2 of the retirement and social security
   54  law, as amended by chapter 616 of the laws of 1995, is amended  to  read
   55  as follows:
       S. 1367                             4
    1    31.  "Service in world war II." (1) Military service during the period
    2  commencing July first, nineteen hundred forty, and terminating  December
    3  thirty-first, nineteen hundred forty-six, as a member of the armed forc-
    4  es  of  the United States, or service by one who was employed by the War
    5  Shipping  Administration  or  Office  of Defense Transportation or their
    6  agents as a merchant seaman documented by the United States Coast  Guard
    7  or  Department of Commerce, or as a civil servant employed by the United
    8  States Army Transport Service (later redesignated as the  United  States
    9  Army  Transportation  Corps, Water Division) or the Naval Transportation
   10  Service; and who served satisfactorily as a crew member during the peri-
   11  od of armed conflict, December seventh, nineteen hundred  forty-one,  to
   12  [August  fifteenth] DECEMBER THIRTY-FIRST, nineteen hundred [forty-five]
   13  FORTY-SIX, aboard merchant vessels in oceangoing, i.e., foreign,  inter-
   14  coastal,  or  coastwise  service as such terms are defined under federal
   15  law (46 USCA 10301 &  10501)  and  further  to  include  "near  foreign"
   16  voyages between the United States and Canada, Mexico, or the West Indies
   17  via  ocean  routes,  or  public vessels in oceangoing service or foreign
   18  waters and who has received a Certificate of Release or  Discharge  from
   19  Active  Duty  and  a  discharge  certificate,  or  an  Honorable Service
   20  Certificate/Report of Casualty,  from  the  Department  of  Defense,  or
   21  service  by  one  who served as a United States civilian employed by the
   22  American Field Service and served overseas under  United  States  Armies
   23  and United States Army Groups in world war II during the period of armed
   24  conflict,  December  seventh,  nineteen  hundred  forty-one through [May
   25  eighth] DECEMBER THIRTY-FIRST, nineteen hundred [forty-five]  FORTY-SIX,
   26  and who was discharged or released therefrom under honorable conditions,
   27  or service by one who served as a United States civilian Flight Crew and
   28  Aviation Ground Support Employee of Pan American World Airways or one of
   29  its  subsidiaries  or  its affiliates and served overseas as a result of
   30  Pan American's contract with Air Transport Command or Naval  Air  Trans-
   31  port  Service  during the period of armed conflict, December fourteenth,
   32  nineteen hundred forty-one through August fourteenth,  nineteen  hundred
   33  forty-five, and who was discharged or released therefrom under honorable
   34  conditions or of any person who:
   35    a. Has been honorably discharged or released therefrom under honorable
   36  circumstances, and
   37    b.  Was a resident of this state at the time of his entrance into such
   38  armed forces, or, if not a resident of this state at that time, was then
   39  or thereafter became an employee of a participating employer created  by
   40  and  deriving  its  powers  from an agreement between this state and any
   41  other state and was a resident of such other state at the  time  of  his
   42  entrance into such armed forces, and
   43    c. Was either a member of the retirement system and an employee of the
   44  state  or  of a participating employer at the time he entered such armed
   45  forces or became such employee and such member while in such armed forc-
   46  es on or before July first, nineteen hundred forty-eight, or became such
   47  employee while in such armed forces and subsequently became such  member
   48  on or before July first, nineteen hundred forty-eight, or was an employ-
   49  ee  of an employer which was not a participating employer at the time he
   50  entered such armed forces but which elected to  become  a  participating
   51  employer while he was absent on military duty, or was an employee of the
   52  state  or  of  a  participating  employer or was a teacher as defined in
   53  article eleven of the education law at the time of his entrance into the
   54  armed forces and became a member of the retirement system subsequent  to
   55  separation or discharge from the armed services, and
       S. 1367                             5
    1    d.  Returned to the employment of the state or a participating employ-
    2  er, within one year following discharge  or  release  or  completion  of
    3  advanced  education  provided under the servicemen's readjustment act of
    4  nineteen hundred forty-four,  certified  on  a  world  war  II  military
    5  service  certificate,  and allowable as provided in section forty-one of
    6  this article. Such service shall not include any  periods  during  which
    7  civil  compensation  was  received by the member under the provisions of
    8  section two hundred forty-two of the military law,  or  section  six  of
    9  chapter six hundred eight of the laws of nineteen hundred fifty-two; or
   10    (2)  Military  service, not in excess of three years and not otherwise
   11  creditable under paragraph one hereof, rendered on active  duty  in  the
   12  armed  forces  of  the  United  States during the period commencing July
   13  first, nineteen hundred forty, and  terminating  December  thirty-first,
   14  nineteen  hundred  forty-six,  or service by one who was employed by the
   15  War Shipping Administration or Office of Defense Transportation or their
   16  agents as a merchant seaman documented by the United States Coast  Guard
   17  or  Department of Commerce, or as a civil servant employed by the United
   18  States Army Transport Service (later redesignated as the  United  States
   19  Army  Transportation  Corps, Water Division) or the Naval Transportation
   20  Service; and who served satisfactorily as a crew member during the peri-
   21  od of armed conflict, December seventh, nineteen hundred  forty-one,  to
   22  [August  fifteenth] DECEMBER THIRTY-FIRST, nineteen hundred [forty-five]
   23  FORTY-SIX, aboard merchant vessels in oceangoing, i.e., foreign,  inter-
   24  coastal,  or  coastwise  service as such terms are defined under federal
   25  law (46 USCA 10301 &  10501)  and  further  to  include  "near  foreign"
   26  voyages between the United States and Canada, Mexico, or the West Indies
   27  via  ocean  routes,  or  public vessels in oceangoing service or foreign
   28  waters and who has received a Certificate of Release or  Discharge  from
   29  Active  Duty  and  a  discharge  certificate,  or  an  Honorable Service
   30  Certificate/Report of Casualty,  from  the  Department  of  Defense,  or
   31  service  by  one  who served as a United States civilian employed by the
   32  American Field Service and served overseas under  United  States  Armies
   33  and United States Army Groups in world war II during the period of armed
   34  conflict,  December  seventh,  nineteen  hundred  forty-one through [May
   35  eighth] DECEMBER THIRTY-FIRST, nineteen hundred [forty-five]  FORTY-SIX,
   36  and who was discharged or released therefrom under honorable conditions,
   37  or service by one who served as a United States civilian Flight Crew and
   38  Aviation Ground Support Employee of Pan American World Airways or one of
   39  its  subsidiaries  or  its affiliates and served overseas as a result of
   40  Pan American's contract with Air Transport Command or Naval  Air  Trans-
   41  port  Service  during the period of armed conflict, December fourteenth,
   42  nineteen hundred forty-one through August fourteenth,  nineteen  hundred
   43  forty-five, and who was discharged or released therefrom under honorable
   44  conditions, by a person who was a resident of New York state at the time
   45  of entry into such service and at the time of being discharged therefrom
   46  under  honorable  circumstances,  or, if not a resident of this state at
   47  such times was then or thereafter became an employee of a  participating
   48  employer  created  by  and deriving its powers from an agreement between
   49  this state and any other state, and was a resident of such  other  state
   50  at the time of entry into and discharge from such service, and who makes
   51  the  payments  required  by  subdivision  k of section forty-one of this
   52  article.
   53    However, no military service shall be creditable under this  paragraph
   54  two in the case of a member under an existing plan permitting retirement
   55  upon  twenty  years  of  creditable  service  who is receiving a federal
   56  pension (other than for disability) based upon a minimum of twenty years
       S. 1367                             6
    1  of full time active military service in the armed forces of  the  United
    2  States  nor  shall  any  military service be creditable in the case of a
    3  member under any other plan who is receiving a military  pension  (other
    4  than  for  disability)  for  military service in the armed forces of the
    5  United States.
    6    S 4. Subdivision 31 of section 302 of the retirement and social  secu-
    7  rity  law,  as amended by chapter 616 of the laws of 1995, is amended to
    8  read as follows:
    9    31. "Service in world war II." (1) Military service during the  period
   10  commencing  July first, nineteen hundred forty, and terminating December
   11  thirty-first, nineteen hundred forty-six, as a member of the armed forc-
   12  es of the United States, or service by one who was employed by  the  War
   13  Shipping  Administration  or  Office  of Defense Transportation or their
   14  agents as a merchant seaman documented by the United States Coast  Guard
   15  or  Department of Commerce, or as a civil servant employed by the United
   16  States Army Transport Service (later redesignated as the  United  States
   17  Army  Transportation  Corps, Water Division) or the Naval Transportation
   18  Service; and who served satisfactorily as a crew member during the peri-
   19  od of armed conflict, December seventh, nineteen hundred  forty-one,  to
   20  [August  fifteenth] DECEMBER THIRTY-FIRST, nineteen hundred [forty-five]
   21  FORTY-SIX, aboard merchant vessels in oceangoing, i.e., foreign,  inter-
   22  coastal,  or  coastwise  service as such terms are defined under federal
   23  law (46 USCA 10301 &  10501)  and  further  to  include  "near  foreign"
   24  voyages between the United States and Canada, Mexico, or the West Indies
   25  via  ocean  routes,  or  public vessels in oceangoing service or foreign
   26  waters and who has received a Certificate of Release or  Discharge  from
   27  Active  Duty  and  a  discharge  certificate,  or  an  Honorable Service
   28  Certificate/Report of Casualty,  from  the  Department  of  Defense,  or
   29  service  by  one  who served as a United States civilian employed by the
   30  American Field Service and served overseas under  United  States  Armies
   31  and United States Army Groups in world war II during the period of armed
   32  conflict,  December  seventh,  nineteen  hundred  forty-one through [May
   33  eighth] DECEMBER THIRTY-FIRST, nineteen hundred [forty-five]  FORTY-SIX,
   34  and who was discharged or released therefrom under honorable conditions,
   35  or service by one who served as a United States civilian Flight Crew and
   36  Aviation Ground Support Employee of Pan American World Airways or one of
   37  its  subsidiaries  or  its affiliates and served overseas as a result of
   38  Pan American's contract with Air Transport Command or Naval  Air  Trans-
   39  port  Service  during the period of armed conflict, December fourteenth,
   40  nineteen hundred forty-one through August fourteenth,  nineteen  hundred
   41  forty-five, and who was discharged or released therefrom under honorable
   42  conditions, or of any person who:
   43    a. Has been honorably discharged or released therefrom under honorable
   44  circumstances, and
   45    b.  Was a resident of this state at the time of his entrance into such
   46  armed forces, or, if not a resident of this state at that time, was then
   47  or thereafter became an employee of a participating employer created  by
   48  and  deriving  its  powers  from an agreement between this state and any
   49  other state and was a resident of such other state at the  time  of  his
   50  entrance into such armed forces, and
   51    c.  Was  either  a  member  of the New York state and local employees'
   52  retirement system and an employee of the state  or  of  a  participating
   53  employer  of  such  system  at  the time he entered such armed forces or
   54  became such employee and such member while in such armed  forces  on  or
   55  before July first, nineteen hundred forty-eight, or became such employee
   56  while  in  such  armed  forces and subsequently became such member on or
       S. 1367                             7
    1  before July first, nineteen hundred forty-eight, or was an  employee  of
    2  an  employer  which  was  not  a  participating  employer at the time he
    3  entered such armed forces but which elected to  become  a  participating
    4  employer while he was absent on military duty, or was an employee of the
    5  state  or  of  a  participating  employer or was a teacher as defined in
    6  article eleven of the education law at the time of his entrance into the
    7  armed forces and became  a  member  of  the  policemen's  and  firemen's
    8  retirement  system  subsequent to separation or discharge from the armed
    9  services, and
   10    d. Returned to the employment of the state or a participating  employ-
   11  er,  within  one  year  following  discharge or release or completion of
   12  advanced education provided under the servicemen's readjustment  act  of
   13  nineteen  hundred  forty-four,  certified  on  a  world  war II military
   14  service certificate, and allowable as provided in section  forty-one  of
   15  this  article.  Such  service shall not include any periods during which
   16  civil compensation was received by the member under  the  provisions  of
   17  section  two  hundred  forty-two  of the military law, or section six of
   18  chapter six hundred eight of the laws of nineteen hundred fifty-two; or
   19    (2) Military service, not in excess of three years and  not  otherwise
   20  creditable  under  paragraph  one hereof, rendered on active duty in the
   21  armed forces of the United States  during  the  period  commencing  July
   22  first,  nineteen  hundred  forty, and terminating December thirty-first,
   23  nineteen hundred forty-six, or service by one who was  employed  by  the
   24  War Shipping Administration or Office of Defense Transportation or their
   25  agents  as a merchant seaman documented by the United States Coast Guard
   26  or Department of Commerce, or as a civil servant employed by the  United
   27  States  Army  Transport Service (later redesignated as the United States
   28  Army Transportation Corps, Water Division) or the  Naval  Transportation
   29  Service; and who served satisfactorily as a crew member during the peri-
   30  od  of  armed conflict, December seventh, nineteen hundred forty-one, to
   31  [August fifteenth] DECEMBER THIRTY-FIRST, nineteen hundred  [forty-five]
   32  FORTY-SIX,  aboard merchant vessels in oceangoing, i.e., foreign, inter-
   33  coastal, or coastwise service as such terms are  defined  under  federal
   34  law  (46  USCA  10301  &  10501)  and  further to include "near foreign"
   35  voyages between the United States and Canada, Mexico, or the West Indies
   36  via ocean routes, or public vessels in  oceangoing  service  or  foreign
   37  waters  and  who has received a Certificate of Release or Discharge from
   38  Active Duty  and  a  discharge  certificate,  or  an  Honorable  Service
   39  Certificate/Report  of  Casualty,  from  the  Department  of Defense, or
   40  service by one who served as a United States civilian  employed  by  the
   41  American  Field  Service  and served overseas under United States Armies
   42  and United States Army Groups in world war II during the period of armed
   43  conflict, December seventh,  nineteen  hundred  forty-one  through  [May
   44  eighth]  DECEMBER THIRTY-FIRST, nineteen hundred [forty-five] FORTY-SIX,
   45  and who was discharged or released therefrom under honorable conditions,
   46  or service by one who served as a United States civilian Flight Crew and
   47  Aviation Ground Support Employee of Pan American World Airways or one of
   48  its subsidiaries or its affiliates and served overseas as  a  result  of
   49  Pan  American's  contract with Air Transport Command or Naval Air Trans-
   50  port Service during the period of armed conflict,  December  fourteenth,
   51  nineteen  hundred  forty-one through August fourteenth, nineteen hundred
   52  forty-five, and who was discharged or released therefrom under honorable
   53  conditions, or by a person who was a resident of New York state  at  the
   54  time  of  entry  into  such  service and at the time of being discharged
   55  therefrom under honorable circumstances, or, if not a resident  of  this
   56  state  at  such  times  was  then  or thereafter became an employee of a
       S. 1367                             8
    1  participating employer created by and deriving its powers from an agree-
    2  ment between this state and any other state, and was a resident of  such
    3  other  state  at the time of entry into and discharge from such service,
    4  and  who  makes  the payments required by subdivision k of section three
    5  hundred forty-one of this chapter.
    6    However, no military service shall be creditable under this  paragraph
    7  two in the case of a member under an existing plan permitting retirement
    8  upon  twenty  years  of  creditable  service  who is receiving a federal
    9  pension (other than for disability) based upon a minimum of twenty years
   10  of military service in the armed forces of the United States  nor  shall
   11  such  military  service  be creditable in the case of a member under any
   12  other plan who is receiving a military pension (other than for disabili-
   13  ty) for such service.
   14    S 5. Paragraph (a) of subdivision 4-a of section 458 of the real prop-
   15  erty tax law, as amended by chapter 616 of the laws of 1995, is  amended
   16  to read as follows:
   17    (a) by a person who was employed by the War Shipping Administration or
   18  Office  of  Defense  Transportation or their agents as a merchant seaman
   19  documented by the United States Coast Guard or Department  of  Commerce,
   20  or  as  a  civil  servant  employed  by the United States Army Transport
   21  Service (later redesignated as the  United  States  Army  Transportation
   22  Corps,  Water  Division)  or  the  Naval Transportation Service; and who
   23  served satisfactorily as a  crew  member  during  the  period  of  armed
   24  conflict,  December  seventh,  nineteen  hundred  forty-one,  to [August
   25  fifteenth]  DECEMBER   THIRTY-FIRST,   nineteen   hundred   [forty-five]
   26  FORTY-SIX,  aboard merchant vessels in oceangoing, i.e., foreign, inter-
   27  coastal, or coastwise service as such terms are  defined  under  federal
   28  law  (46  USCA  10301  &  10501)  and  further to include "near foreign"
   29  voyages between the United States and Canada, Mexico, or the West Indies
   30  via ocean routes, or public vessels in  oceangoing  service  or  foreign
   31  waters  and  who has received a Certificate of Release or Discharge from
   32  Active Duty  and  a  discharge  certificate,  or  an  Honorable  Service
   33  Certificate/Report of Casualty, from the department of defense;
   34    S  6.  Subparagraph  (ii) of paragraph (e) of subdivision 1 of section
   35  458-a of the real property tax law, as amended by  chapter  384  of  the
   36  laws of 2008, is amended to read as follows:
   37    (ii)  who was employed by the War Shipping Administration or Office of
   38  Defense Transportation or their agents as a merchant  seaman  documented
   39  by  the  United  States  Coast  Guard or Department of Commerce, or as a
   40  civil servant employed by  the  United  States  Army  Transport  Service
   41  (later  redesignated  as  the  United  States Army Transportation Corps,
   42  Water Division) or the Naval  Transportation  Service;  and  who  served
   43  satisfactorily  as  a  crew  member during the period of armed conflict,
   44  December seventh, nineteen  hundred  forty-one,  to  [August  fifteenth]
   45  DECEMBER  THIRTY-FIRST,  nineteen hundred [forty-five] FORTY-SIX, aboard
   46  merchant vessels in oceangoing, i.e., foreign, intercoastal,  or  coast-
   47  wise  service as such terms are defined under federal law (46 USCA 10301
   48  & 10501) and further to  include  "near  foreign"  voyages  between  the
   49  United  States  and Canada, Mexico, or the West Indies via ocean routes,
   50  or public vessels in oceangoing service or foreign waters  and  who  has
   51  received  a  Certificate  of Release or Discharge from Active Duty and a
   52  discharge certificate, or an  Honorable  Service  Certificate/Report  of
   53  Casualty, from the department of defense,
   54    S 7. This act shall take effect immediately.
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