S T A T E O F N E W Y O R K
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5392
2011-2012 Regular Sessions
I N S E N A T E
May 16, 2011
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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.