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.