Bill Text: NY S05392 | 2011-2012 | General Assembly | Introduced
Bill Title: Provides three years of retirement service credit to certain retirement system members discharged from military service due to injuries suffered during certain military conflicts even if they did not serve three years in the military.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-03-26 - PRINT NUMBER 5392A [S05392 Detail]
Download: New_York-2011-S05392-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5392 2011-2012 Regular Sessions I N S E N A T E May 16, 2011 ___________ Introduced by Sen. MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions AN ACT to amend the retirement and social security law, in relation to providing three years of retirement service credit to certain members of public retirement systems of the state honorably discharged from the military for medical reasons due to injuries suffered during certain military conflicts THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 1000 of the retirement and social security law is 2 amended by adding a new subdivision 2-a to read as follows: 3 2-A. A MEMBER, UPON APPLICATION TO SUCH RETIREMENT SYSTEM, MAY OBTAIN 4 A TOTAL OF THREE YEARS OF SERVICE CREDIT FOR LESS THAN THREE YEARS OF 5 MILITARY DUTY, AS DEFINED IN SECTION TWO HUNDRED FORTY-THREE OF THE 6 MILITARY LAW, IF THE MEMBER WAS HONORABLY DISCHARGED FROM THE MILITARY 7 FOR MEDICAL REASONS DUE TO INJURIES SUFFERED DURING SUCH MILITARY DUTY, 8 IF ALL OR PART OF SUCH SERVICES WAS RENDERED IN THE MILITARY CONFLICTS 9 REFERENCED BELOW, AS FOLLOWS: 10 (A) COMMENCING DECEMBER SEVENTH, NINETEEN HUNDRED FORTY-ONE AND TERMI- 11 NATING DECEMBER THIRTY-FIRST, NINETEEN HUNDRED FORTY-SIX; 12 (B) COMMENCING JUNE TWENTY-SEVENTH, NINETEEN HUNDRED FIFTY AND TERMI- 13 NATING JANUARY THIRTY-FIRST, NINETEEN HUNDRED FIFTY-FIVE; 14 (C) COMMENCING FEBRUARY TWENTY-EIGHTH, NINETEEN HUNDRED SIXTY-ONE AND 15 TERMINATING MAY SEVENTH, NINETEEN HUNDRED SEVENTY-FIVE; 16 (D) HOSTILITIES PARTICIPATED IN BY THE MILITARY FORCES OF THE UNITED 17 STATES IN LEBANON, FROM THE FIRST DAY OF JUNE, NINETEEN HUNDRED EIGHTY- 18 THREE TO THE FIRST DAY OF DECEMBER, NINETEEN HUNDRED EIGHTY-SEVEN, AS 19 ESTABLISHED BY RECEIPT OF THE ARMED FORCES EXPEDITIONARY MEDAL, THE NAVY 20 EXPEDITIONARY MEDAL, OR THE MARINE CORPS EXPEDITIONARY MEDAL; 21 (E) HOSTILITIES PARTICIPATED IN BY THE MILITARY FORCES OF THE UNITED 22 STATES IN GRENADA, FROM THE TWENTY-THIRD DAY OF OCTOBER, NINETEEN EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00548-02-1 S. 5392 2 1 HUNDRED EIGHTY-THREE TO THE TWENTY-FIRST DAY OF NOVEMBER, NINETEEN 2 HUNDRED EIGHTY-THREE, AS ESTABLISHED BY RECEIPT OF THE ARMED FORCES 3 EXPEDITIONARY MEDAL, THE NAVY EXPEDITIONARY MEDAL, OR THE MARINE CORPS 4 EXPEDITIONARY MEDAL; 5 (F) HOSTILITIES PARTICIPATED IN BY THE MILITARY FORCES OF THE UNITED 6 STATES IN PANAMA, FROM THE TWENTIETH DAY OF DECEMBER, NINETEEN HUNDRED 7 EIGHTY-NINE TO THE THIRTY-FIRST DAY OF JANUARY, NINETEEN HUNDRED NINETY, 8 AS ESTABLISHED BY RECEIPT OF THE ARMED FORCES EXPEDITIONARY MEDAL, THE 9 NAVY EXPEDITIONARY MEDAL, OR THE MARINE CORPS EXPEDITIONARY MEDAL; OR 10 (G) HOSTILITIES PARTICIPATED IN BY THE MILITARY FORCES OF THE UNITED 11 STATES, FROM THE SECOND DAY OF AUGUST, NINETEEN HUNDRED NINETY, TO THE 12 END OF SUCH HOSTILITIES IN CASE OF A VETERAN WHO SERVED IN THE THEATER 13 OF OPERATIONS INCLUDING IRAQ, KUWAIT, SAUDI ARABIA, BAHRAIN, QATAR, THE 14 UNITED ARAB EMIRATES, OMAN, THE GULF OF ADEN, THE GULF OF OMAN, THE 15 PERSIAN GULF, THE RED SEA, AND THE AIRSPACE ABOVE THESE LOCATIONS. 16 S 2. This act shall take effect immediately and shall be deemed to 17 have been in full force and effect on and after December 21, 1998. FISCAL NOTE.--This bill would amend Chapter 548 of the Laws of 2000 to allow certain individuals with less than three (3) years of military duty, who were discharged from the military for medical reasons due to injuries suffered during such military duty, to purchase three (3) years of service credit for military duty. The additional service credit granted pursuant to this legislation, when added to credit granted for military service pursuant to any other provision of law shall not exceed a total of three (3) years. Members must have at least five (5) years of credited service and would be required to make a payment of three (3) percent of current compensation per year of additional service granted by this bill. The exact number of members who could be affected by this legislation cannot be readily determined. In all likelihood, very few members would be affected. Insofar as this bill would affect the New York State and Local Employ- ees' Retirement System and the New York State and Local Police and Fire Retirement System, if it is enacted, there would be an immediate past service cost for each affected member. The amount of this cost would depend on the member's age, current service, annual salary, plan and tier status, as well as on the amount of additional service to be cred- ited. This cost would be shared by the State of New York and the partic- ipating employers in the New York State and Local Employees' Retirement System and the New York State and Local Police and Fire Retirement System. This estimate, dated November 22, 2010 and intended for use only during the 2011 Legislative Session, is Fiscal Note No. 2011-50, prepared by the Actuary for the New York State and Local Employees' Retirement System and the New York State and Local Police and Fire Retirement System.