Bill Text: NY S06022 | 2021-2022 | General Assembly | Amended


Bill Title: Relates to discharged LGBT veterans; adds veterans who have qualifying conditions or who are discharged as LGBT veterans to certain provisions that apply to veterans who have been honorably discharged or released from military service.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2022-06-02 - SUBSTITUTED BY A5278B [S06022 Detail]

Download: New_York-2021-S06022-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         6022--B

                               2021-2022 Regular Sessions

                    IN SENATE

                                     March 29, 2021
                                       ___________

        Introduced  by Sens. HOYLMAN, SERRANO -- read twice and ordered printed,
          and when printed to be committed to the Committee on Civil Service and
          Pensions -- reported favorably from said committee  and  committed  to
          the  Committee  on  Finance  --  committee  discharged,  bill amended,
          ordered reprinted as amended and  recommitted  to  said  committee  --
          recommitted  to the Committee on Civil Service and Pensions in accord-
          ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee

        AN ACT to amend the retirement and social security law, in  relation  to
          discharged LGBT veterans

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph a of subdivision 29 of section 2 of  the  retire-
     2  ment and social security law is amended to read as follows:
     3    a.  (1)  Has  been  honorably  discharged  or released therefrom under
     4  honorable circumstances, or (2) has a qualifying condition,  as  defined
     5  in  section three hundred fifty of the executive law, and has received a
     6  discharge other than bad conduct or dishonorable from such  service,  or
     7  (3)  is  a  discharged LGBT veteran, as defined in section three hundred
     8  fifty of the executive law, and has received a discharge other than  bad
     9  conduct or dishonorable from such service, and
    10    §  2.  Paragraph  d of subdivision 29-a of section 2 of the retirement
    11  and social security law, as amended by chapter 528 of the laws of  1964,
    12  is amended to read as follows:
    13    d.  Credit  under  this  section  shall  not accrue to a person who is
    14  released from active duty under conditions other than honorable,  unless
    15  such  person  has  a  qualifying  condition, as defined in section three
    16  hundred fifty of the executive law, and has received a  discharge  other
    17  than  bad  conduct or dishonorable from such service, or is a discharged
    18  LGBT veteran, as defined in section three hundred fifty of the executive

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05266-08-2

        S. 6022--B                          2

     1  law, and has received a discharge other than bad conduct or dishonorable
     2  from such service.
     3    § 3. Subdivision 31 of section 2 of the retirement and social security
     4  law,  as  amended by chapter 616 of the laws of 1995, is amended to read
     5  as follows:
     6    31. "Service in world war II." (1) Military service during the  period
     7  commencing  July first, nineteen hundred forty, and terminating December
     8  thirty-first, nineteen hundred forty-six, as a member of the armed forc-
     9  es of the United States, or service by one who was employed by  the  War
    10  Shipping  Administration  or  Office  of Defense Transportation or their
    11  agents as a merchant seaman documented by the United States Coast  Guard
    12  or  Department of Commerce, or as a civil servant employed by the United
    13  States Army Transport Service (later redesignated as the  United  States
    14  Army  Transportation  Corps, Water Division) or the Naval Transportation
    15  Service; and who served satisfactorily as a crew member during the peri-
    16  od of armed conflict, December seventh, nineteen hundred  forty-one,  to
    17  August  fifteenth,  nineteen hundred forty-five, aboard merchant vessels
    18  in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
    19  terms are defined under federal law (46 USCA 10301 & 10501) and  further
    20  to  include "near foreign" voyages between the United States and Canada,
    21  Mexico, or the West Indies via ocean routes, or public vessels in ocean-
    22  going service or foreign waters and who has received  a  Certificate  of
    23  Release or Discharge from Active Duty and a discharge certificate, or an
    24  Honorable Service Certificate/Report of Casualty, from the Department of
    25  Defense,  or  service  by  one  who  served  as a United States civilian
    26  employed by the American Field Service and served overseas under  United
    27  States  Armies  and United States Army Groups in world war II during the
    28  period of armed conflict, December seventh, nineteen  hundred  forty-one
    29  through  May  eighth,  nineteen  hundred  forty-five,  and  who  (i) was
    30  discharged or released therefrom under honorable conditions, or (ii) has
    31  a qualifying condition, as defined in section three hundred fifty of the
    32  executive law, and has received a discharge other than  bad  conduct  or
    33  dishonorable  from  such service, or (iii) is a discharged LGBT veteran,
    34  as defined in section three hundred fifty of the executive law, and  has
    35  received  a  discharge  other than bad conduct or dishonorable from such
    36  service, or service by one who served as a United States civilian Flight
    37  Crew and Aviation Ground Support Employee of Pan American World  Airways
    38  or  one  of  its subsidiaries or its affiliates and served overseas as a
    39  result of Pan American's contract with Air Transport  Command  or  Naval
    40  Air  Transport  Service  during  the  period of armed conflict, December
    41  fourteenth, nineteen hundred forty-one through August fourteenth,  nine-
    42  teen  hundred forty-five, and who (iv) was discharged or released there-
    43  from under honorable conditions, or (v) has a qualifying  condition,  as
    44  defined  in  section  three  hundred fifty of the executive law, and has
    45  received a discharge other than bad conduct or  dishonorable  from  such
    46  service,  or  (vi)  is  a discharged LGBT veteran, as defined in section
    47  three hundred fifty of the executive law, and has received  a  discharge
    48  other  than  bad  conduct  or  dishonorable from such service, or of any
    49  person who:
    50    a. (i) Has been  honorably  discharged  or  released  therefrom  under
    51  honorable  circumstances, or (ii) has a qualifying condition, as defined
    52  in section three hundred fifty of the executive law, and has received  a
    53  discharge  other  than bad conduct or dishonorable from such service, or
    54  (iii) is a discharged LGBT veteran, as defined in section three  hundred
    55  fifty  of the executive law, and has received a discharge other than bad
    56  conduct or dishonorable from such service, and

        S. 6022--B                          3

     1    b. Was a resident of this state at the time of his entrance into  such
     2  armed forces, or, if not a resident of this state at that time, was then
     3  or  thereafter became an employee of a participating employer created by
     4  and deriving its powers from an agreement between  this  state  and  any
     5  other  state  and  was a resident of such other state at the time of his
     6  entrance into such armed forces, and
     7    c. Was either a member of the retirement system and an employee of the
     8  state or of a participating employer at the time he entered  such  armed
     9  forces or became such employee and such member while in such armed forc-
    10  es on or before July first, nineteen hundred forty-eight, or became such
    11  employee  while in such armed forces and subsequently became such member
    12  on or before July first, nineteen hundred forty-eight, or was an employ-
    13  ee of an employer which was not a participating employer at the time  he
    14  entered  such  armed  forces but which elected to become a participating
    15  employer while he was absent on military duty, or was an employee of the
    16  state or of a participating employer or was  a  teacher  as  defined  in
    17  article eleven of the education law at the time of his entrance into the
    18  armed  forces and became a member of the retirement system subsequent to
    19  separation or discharge from the armed services, and
    20    d. Returned to the employment of the state or a participating  employ-
    21  er,  within  one  year  following  discharge or release or completion of
    22  advanced education provided under the servicemen's readjustment  act  of
    23  nineteen  hundred  forty-four,  certified  on  a  world  war II military
    24  service certificate, and allowable as provided in section  forty-one  of
    25  this  article.  Such  service shall not include any periods during which
    26  civil compensation was received by the member under  the  provisions  of
    27  section  two  hundred  forty-two  of the military law, or section six of
    28  chapter six hundred eight of the laws of nineteen hundred fifty-two; or
    29    (2) Military service, not in excess of three years and  not  otherwise
    30  creditable  under  paragraph  one hereof, rendered on active duty in the
    31  armed forces of the United States  during  the  period  commencing  July
    32  first,  nineteen  hundred  forty, and terminating December thirty-first,
    33  nineteen hundred forty-six, or service by one who was  employed  by  the
    34  War Shipping Administration or Office of Defense Transportation or their
    35  agents  as a merchant seaman documented by the United States Coast Guard
    36  or Department of Commerce, or as a civil servant employed by the  United
    37  States  Army  Transport Service (later redesignated as the United States
    38  Army Transportation Corps, Water Division) or the  Naval  Transportation
    39  Service; and who served satisfactorily as a crew member during the peri-
    40  od  of  armed conflict, December seventh, nineteen hundred forty-one, to
    41  August fifteenth, nineteen hundred forty-five, aboard  merchant  vessels
    42  in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
    43  terms  are defined under federal law (46 USCA 10301 & 10501) and further
    44  to include "near foreign" voyages between the United States and  Canada,
    45  Mexico, or the West Indies via ocean routes, or public vessels in ocean-
    46  going  service  or  foreign waters and who has received a Certificate of
    47  Release or Discharge from Active Duty and a discharge certificate, or an
    48  Honorable Service Certificate/Report of Casualty, from the Department of
    49  Defense, or service by one  who  served  as  a  United  States  civilian
    50  employed  by the American Field Service and served overseas under United
    51  States Armies and United States Army Groups in world war II  during  the
    52  period  of  armed conflict, December seventh, nineteen hundred forty-one
    53  through May  eighth,  nineteen  hundred  forty-five,  and  who  (i)  was
    54  discharged or released therefrom under honorable conditions, or (ii) has
    55  a qualifying condition, as defined in section three hundred fifty of the
    56  executive  law,  and  has received a discharge other than bad conduct or

        S. 6022--B                          4

     1  dishonorable from such service, or (iii) is a discharged  LGBT  veteran,
     2  as  defined in section three hundred fifty of the executive law, and has
     3  received a discharge other than bad conduct or  dishonorable  from  such
     4  service, or service by one who served as a United States civilian Flight
     5  Crew  and Aviation Ground Support Employee of Pan American World Airways
     6  or one of its subsidiaries or its affiliates and served  overseas  as  a
     7  result  of  Pan  American's contract with Air Transport Command or Naval
     8  Air Transport Service during the  period  of  armed  conflict,  December
     9  fourteenth,  nineteen hundred forty-one through August fourteenth, nine-
    10  teen hundred forty-five, and who (iv) was discharged or released  there-
    11  from  under  honorable conditions, or (v) has a qualifying condition, as
    12  defined in section three hundred fifty of the  executive  law,  and  has
    13  received  a  discharge  other than bad conduct or dishonorable from such
    14  service, or (vi) is a discharged LGBT veteran,  as  defined  in  section
    15  three  hundred  fifty of the executive law, and has received a discharge
    16  other than bad conduct or dishonorable from such service,  by  a  person
    17  who  was  a  resident  of  New York state at the time of entry into such
    18  service and at the time of being discharged therefrom (vii) under honor-
    19  able circumstances, or (viii) with a qualifying condition, as defined in
    20  section three hundred  fifty  of  the  executive  law,  and  received  a
    21  discharge  other  than bad conduct or dishonorable from such service, or
    22  (ix) as a discharged LGBT veteran, as defined in section  three  hundred
    23  fifty  of  the  executive  law,  and received a discharge other than bad
    24  conduct or dishonorable from such service, or, if not a resident of this
    25  state at such times was then or  thereafter  became  an  employee  of  a
    26  participating employer created by and deriving its powers from an agree-
    27  ment  between this state and any other state, and was a resident of such
    28  other state at the time of entry into and discharge from  such  service,
    29  and  who  makes the payments required by subdivision k of section forty-
    30  one of this article.
    31    However, no military service shall be creditable under this  paragraph
    32  two in the case of a member under an existing plan permitting retirement
    33  upon  twenty  years  of  creditable  service  who is receiving a federal
    34  pension (other than for disability) based upon a minimum of twenty years
    35  of full time active military service in the armed forces of  the  United
    36  States  nor  shall  any  military service be creditable in the case of a
    37  member under any other plan who is receiving a military  pension  (other
    38  than  for  disability)  for  military service in the armed forces of the
    39  United States.
    40    § 4. Subparagraph (c) of paragraph 8 of subdivision a of section  80-a
    41  of  the  retirement  and social security law, as added by chapter 219 of
    42  the laws of 1968, is amended to read as follows:
    43    (c) In the case of a senator or assemblyman, service, not in excess of
    44  three years and not otherwise creditable under subparagraph (b) of  this
    45  paragraph  [eight],  rendered  on active duty in the armed forces of the
    46  United States during the period commencing July first, nineteen  hundred
    47  forty,  and  terminating  December thirty-first, nineteen hundred forty-
    48  six, by a person who  was a resident of the state at the time  of  entry
    49  into  service  and  at  the time of being discharged therefrom (i) under
    50  honorable circumstances, or (ii) has a qualifying condition, as  defined
    51  in  section three hundred fifty of the executive law, and was a resident
    52  of the state at the time of entry  into  service  and  at  the  time  of
    53  receiving  a  discharge other than bad conduct or dishonorable from such
    54  service, or (iii) is a discharged LGBT veteran, as  defined  in  section
    55  three  hundred  fifty  of  the  executive law, and was a resident of the

        S. 6022--B                          5

     1  state at the time of entry into service and at the time of  receiving  a
     2  discharge other than bad conduct or dishonorable from such service.
     3    §  5.  Subdivision  (i)  of  section 89-a of the retirement and social
     4  security law, as added by chapter 996 of  the  laws  of  1966  and  such
     5  section as renumbered by chapter 1059 of the laws of 1968, is amended to
     6  read as follows:
     7    (i)  In  computing  the twenty-five years of total service of a member
     8  pursuant to this section full credit shall be given and  full  allowance
     9  shall  be made for service of such member in time of war after world war
    10  I as defined in section two of this chapter, provided such member at the
    11  time of his entrance into the military service of the United States  was
    12  then  a  resident of this state and in the service of a sheriffs depart-
    13  ment and (1) had been honorably discharged or released  under  honorable
    14  circumstances from such military service, or (2) has a qualifying condi-
    15  tion,  as  defined  in section three hundred fifty of the executive law,
    16  and received a discharge other than bad  conduct  or  dishonorable  from
    17  such service, or (3) is a discharged LGBT veteran, as defined in section
    18  three hundred fifty of the executive law, and received a discharge other
    19  than  bad  conduct  or  dishonorable  from such service, and such member
    20  returned to the service of a sheriffs department within the time limited
    21  by section two of this chapter.
    22    § 6. Paragraph a of subdivision 29 of section 302  of  the  retirement
    23  and  social  security law, as added by chapter 1000 of the laws of 1966,
    24  is amended to read as follows:
    25    a. (1) Has been  honorably  discharged  or  released  therefrom  under
    26  honorable  circumstances,  or (2) has a qualifying condition, as defined
    27  in section three hundred fifty of the executive law, and has received  a
    28  discharge  other  than bad conduct or dishonorable from such service, or
    29  (3) is a discharged LGBT veteran, as defined in  section  three  hundred
    30  fifty  of the executive law, and has received a discharge other than bad
    31  conduct or dishonorable from such service, and
    32    § 7. Paragraph d of subdivision 29-a of section 302 of the  retirement
    33  and  social  security law, as added by chapter 1000 of the laws of 1966,
    34  is amended to read as follows:
    35    d. Credit under this section shall not  accrue  to  a  person  who  is
    36  released  from active duty under conditions other than honorable, unless
    37  such person has a qualifying condition,  as  defined  in  section  three
    38  hundred  fifty  of the executive law, and has received a discharge other
    39  than bad conduct or dishonorable from such service, or is  a  discharged
    40  LGBT veteran, as defined in section three hundred fifty of the executive
    41  law, and has received a discharge other than bad conduct or dishonorable
    42  from such service.
    43    §  8. Subdivision 31 of section 302 of the retirement and social secu-
    44  rity law, as amended by chapter 616 of the laws of 1995, subparagraph  c
    45  of paragraph 1 as amended by chapter 476 of the laws of 2018, is amended
    46  to read as follows:
    47    31.  "Service in world war II." (1) Military service during the period
    48  commencing July first, nineteen hundred forty, and terminating  December
    49  thirty-first, nineteen hundred forty-six, as a member of the armed forc-
    50  es  of  the United States, or service by one who was employed by the War
    51  Shipping Administration or Office of  Defense  Transportation  or  their
    52  agents  as a merchant seaman documented by the United States Coast Guard
    53  or Department of Commerce, or as a civil servant employed by the  United
    54  States  Army  Transport Service (later redesignated as the United States
    55  Army Transportation Corps, Water Division) or the  Naval  Transportation
    56  Service; and who served satisfactorily as a crew member during the peri-

        S. 6022--B                          6

     1  od  of  armed conflict, December seventh, nineteen hundred forty-one, to
     2  August fifteenth, nineteen hundred forty-five, aboard  merchant  vessels
     3  in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
     4  terms  are defined under federal law (46 USCA 10301 & 10501) and further
     5  to include "near foreign" voyages between the United States and  Canada,
     6  Mexico, or the West Indies via ocean routes, or public vessels in ocean-
     7  going  service  or  foreign waters and who has received a Certificate of
     8  Release or Discharge from Active Duty and a discharge certificate, or an
     9  Honorable Service Certificate/Report of Casualty, from the Department of
    10  Defense, or service by one  who  served  as  a  United  States  civilian
    11  employed  by the American Field Service and served overseas under United
    12  States Armies and United States Army Groups in world war II  during  the
    13  period  of  armed conflict, December seventh, nineteen hundred forty-one
    14  through May  eighth,  nineteen  hundred  forty-five,  and  who  (i)  was
    15  discharged or released therefrom under honorable conditions, or (ii) has
    16  a qualifying condition, as defined in section three hundred fifty of the
    17  executive  law,  and  has received a discharge other than bad conduct or
    18  dishonorable from such service, or (iii) is a discharged  LGBT  veteran,
    19  as  defined in section three hundred fifty of the executive law, and has
    20  received a discharge other than bad conduct or  dishonorable  from  such
    21  service, or service by one who served as a United States civilian Flight
    22  Crew  and Aviation Ground Support Employee of Pan American World Airways
    23  or one of its subsidiaries or its affiliates and served  overseas  as  a
    24  result  of  Pan  American's contract with Air Transport Command or Naval
    25  Air Transport Service during the  period  of  armed  conflict,  December
    26  fourteenth,  nineteen hundred forty-one through August fourteenth, nine-
    27  teen hundred forty-five, and who (iv) was discharged or released  there-
    28  from  under  honorable conditions, or (v) has a qualifying condition, as
    29  defined in section three hundred fifty of the  executive  law,  and  has
    30  received  a  discharge  other than bad conduct or dishonorable from such
    31  service, or (vi) is a discharged LGBT veteran,  as  defined  in  section
    32  three  hundred  fifty of the executive law, and has received a discharge
    33  other than bad conduct or dishonorable from  such  service,  or  of  any
    34  person who:
    35    a.  (i)  Has  been  honorably  discharged  or released therefrom under
    36  honorable circumstances, or (ii) has a qualifying condition, as  defined
    37  in  section three hundred fifty of the executive law, and has received a
    38  discharge other than bad conduct or dishonorable from such  service,  or
    39  (iii)  is a discharged LGBT veteran, as defined in section three hundred
    40  fifty of the executive law, and has received a discharge other than  bad
    41  conduct or dishonorable from such service, and
    42    b.  Was a resident of this state at the time of his entrance into such
    43  armed forces, or, if not a resident of this state at that time, was then
    44  or thereafter became an employee of a participating employer created  by
    45  and  deriving  its  powers  from an agreement between this state and any
    46  other state and was a resident of such other state at the  time  of  his
    47  entrance into such armed forces, and
    48    c.  Was  either  a  member  of the New York state and local employees'
    49  retirement system and an employee of the state  or  of  a  participating
    50  employer  of such system at the time he or she entered such armed forces
    51  or became such employee and such member while in such armed forces on or
    52  before July first, nineteen hundred forty-eight, or became such employee
    53  while in such armed forces and subsequently became  such  member  on  or
    54  before  July  first, nineteen hundred forty-eight, or was an employee of
    55  an employer which was not a participating employer at the time he or she
    56  entered such armed forces but which elected to  become  a  participating

        S. 6022--B                          7

     1  employer while he or she was absent on military duty, or was an employee
     2  of  the state or of a participating employer or was a teacher as defined
     3  in article eleven of the education  law  at  the  time  of  his  or  her
     4  entrance  into  the  armed  forces and became a member of the police and
     5  fire retirement system subsequent to separation or  discharge  from  the
     6  armed services, and
     7    d.  Returned to the employment of the state or a participating employ-
     8  er, within one year following discharge  or  release  or  completion  of
     9  advanced  education  provided under the servicemen's readjustment act of
    10  nineteen hundred forty-four,  certified  on  a  world  war  II  military
    11  service  certificate,  and allowable as provided in section forty-one of
    12  this article. Such service shall not include any  periods  during  which
    13  civil  compensation  was  received by the member under the provisions of
    14  section two hundred forty-two of the military law,  or  section  six  of
    15  chapter six hundred eight of the laws of nineteen hundred fifty-two; or
    16    (2)  Military  service, not in excess of three years and not otherwise
    17  creditable under paragraph one hereof, rendered on active  duty  in  the
    18  armed  forces  of  the  United  States during the period commencing July
    19  first, nineteen hundred forty, and  terminating  December  thirty-first,
    20  nineteen  hundred  forty-six,  or service by one who was employed by the
    21  War Shipping Administration or Office of Defense Transportation or their
    22  agents as a merchant seaman documented by the United States Coast  Guard
    23  or  Department of Commerce, or as a civil servant employed by the United
    24  States Army Transport Service (later redesignated as the  United  States
    25  Army  Transportation  Corps, Water Division) or the Naval Transportation
    26  Service; and who served satisfactorily as a crew member during the peri-
    27  od of armed conflict, December seventh, nineteen hundred  forty-one,  to
    28  August  fifteenth,  nineteen hundred forty-five, aboard merchant vessels
    29  in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
    30  terms are defined under federal law (46 USCA 10301 & 10501) and  further
    31  to  include "near foreign" voyages between the United States and Canada,
    32  Mexico, or the West Indies via ocean routes, or public vessels in ocean-
    33  going service or foreign waters and who has received  a  Certificate  of
    34  Release or Discharge from Active Duty and a discharge certificate, or an
    35  Honorable Service Certificate/Report of Casualty, from the Department of
    36  Defense,  or  service  by  one  who  served  as a United States civilian
    37  employed by the American Field Service and served overseas under  United
    38  States  Armies  and United States Army Groups in world war II during the
    39  period of armed conflict, December seventh, nineteen  hundred  forty-one
    40  through  May  eighth,  nineteen  hundred  forty-five,  and  who  (i) was
    41  discharged or released therefrom under honorable conditions, or (ii) has
    42  a qualifying condition, as defined in section three hundred fifty of the
    43  executive law, and has received a discharge other than  bad  conduct  or
    44  dishonorable  from  such service, or (iii) is a discharged LGBT veteran,
    45  as defined in section three hundred fifty of the executive law, and  has
    46  received  a  discharge  other than bad conduct or dishonorable from such
    47  service, or service by one who served as a United States civilian Flight
    48  Crew and Aviation Ground Support Employee of Pan American World  Airways
    49  or  one  of  its subsidiaries or its affiliates and served overseas as a
    50  result of Pan American's contract with Air Transport  Command  or  Naval
    51  Air  Transport  Service  during  the  period of armed conflict, December
    52  fourteenth, nineteen hundred forty-one through August fourteenth,  nine-
    53  teen  hundred forty-five, and who (iv) was discharged or released there-
    54  from under honorable conditions, or (v) has a qualifying  condition,  as
    55  defined  in  section  three  hundred fifty of the executive law, and has
    56  received a discharge other than bad conduct or  dishonorable  from  such

        S. 6022--B                          8

     1  service,  or  (vi)  is  a discharged LGBT veteran, as defined in section
     2  three hundred fifty of the executive law, and has received  a  discharge
     3  other than bad conduct or dishonorable from such service, or by a person
     4  who  was  a  resident  of  New York state at the time of entry into such
     5  service and at the time of being discharged therefrom (vii) under honor-
     6  able circumstances, or (viii) with a qualifying condition, as defined in
     7  section three hundred  fifty  of  the  executive  law,  and  received  a
     8  discharge  other  than bad conduct or dishonorable from such service, or
     9  (ix) as a discharged LGBT veteran, as defined in section  three  hundred
    10  fifty  of  the  executive  law,  and received a discharge other than bad
    11  conduct or dishonorable from such service, or, if not a resident of this
    12  state at such times was then or  thereafter  became  an  employee  of  a
    13  participating employer created by and deriving its powers from an agree-
    14  ment  between this state and any other state, and was a resident of such
    15  other state at the time of entry into and discharge from  such  service,
    16  and  who  makes  the payments required by subdivision k of section three
    17  hundred forty-one of this chapter.
    18    However, no military service shall be creditable under this  paragraph
    19  two in the case of a member under an existing plan permitting retirement
    20  upon  twenty  years  of  creditable  service  who is receiving a federal
    21  pension (other than for disability) based upon a minimum of twenty years
    22  of military service in the armed forces of the United States  nor  shall
    23  such  military  service  be creditable in the case of a member under any
    24  other plan who is receiving a military pension (other than for disabili-
    25  ty) for such service.
    26    § 9. Subdivision 1 of section 1000 of the retirement and social  secu-
    27  rity  law,  as  amended by chapter 41 of the laws of 2016, is amended to
    28  read as follows:
    29    1. A member, upon application to such retirement system, may obtain  a
    30  total  not to exceed three years of service credit for up to three years
    31  of military duty, as defined in section two hundred forty-three  of  the
    32  military  law, if the member (a) was honorably discharged from the mili-
    33  tary, or (b) has a qualifying condition, as  defined  in  section  three
    34  hundred  fifty  of the executive law, and has received a discharge other
    35  than bad conduct  or  dishonorable  from  such  service,  or  (c)  is  a
    36  discharged  LGBT  veteran,  as defined in section three hundred fifty of
    37  the executive law, and has received a discharge other than  bad  conduct
    38  or dishonorable from such service.
    39    § 10. Notwithstanding any other provision of law to the contrary, none
    40  of  the  provisions  of  this  act shall be subject to section 25 of the
    41  retirement and social security law.
    42    § 11. This act shall take effect one year after it shall have become a
    43  law. Effective immediately, the addition, amendment and/or repeal of any
    44  rule or regulation necessary for the implementation of this act  on  its
    45  effective date are authorized to be made and completed on or before such
    46  effective date.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This  bill would extend the benefits of Section 1000 of Retirement and
        Social Security Law to any member of a public retirement system  in  New
        York State who has a qualifying condition or is a discharged LGBT veter-
        an  as  defined  in section 350 of the Executive Law.  The total service
        credit granted for any military service shall not  exceed  three  years.
        Members must have at least five years of credited service (not including
        military  service). Tier 1-5 members would be required to make a payment
        of three percent of their most recent compensation  per  year  of  addi-
        tional  service  credit  granted  by  this bill. Tier 6 members would be

        S. 6022--B                          9

        required to make a payment of six percent of their most  recent  compen-
        sation per year of additional service credit.
          If  this  bill is enacted during the 2022 legislative session, insofar
        as this proposal affects the New York State and Local Employees' Retire-
        ment System (NYSLERS), it is estimated that the past service  cost  will
        average  approximately  18%  (15%  for  Tier  6) of an affected members'
        compensation  for  each  year  of  additional  service  credit  that  is
        purchased.
          If  this  bill is enacted during the 2022 legislative session, insofar
        as this proposal affects the New York State and Local  Police  and  Fire
        Retirement System (NYSLPFRS), it is estimated that the past service cost
        will  average approximately 22% (19% for Tier 6) of an affected members'
        compensation for each year of additional service that is purchased.
          The exact number of current members as  well  as  future  members  who
        could be affected by this legislation cannot be readily determined.
          Costs  arising in the NYSLERS would be shared by the State of New York
        and the participating employers in the NYSLERS.
          Costs arising in the NYSLPFRS would be shared by the State of New York
        and the participating employers in the NYSLPFRS.
          Summary of relevant resources:
          Membership data as of March 31, 2021 was used in measuring the  impact
        of the proposed change, the same data used in the April 1, 2021 actuari-
        al  valuation.    Distributions and other statistics can be found in the
        2021 Report of the Actuary and the 2021 Comprehensive  Annual  Financial
        Report.
          The  actuarial  assumptions and methods used are described in the 2020
        and 2021 Annual Report to the Comptroller on Actuarial Assumptions,  and
        the  Codes,  Rules  and  Regulations of the State of New York: Audit and
        Control.
          The Market Assets and GASB Disclosures are found in the March 31, 2021
        New York State and Local  Retirement  System  Financial  Statements  and
        Supplementary Information.
          I am a member of the American Academy of Actuaries and meet the Quali-
        fication Standards to render the actuarial opinion contained herein.
          This  fiscal note does not constitute a legal opinion on the viability
        of the proposed change nor is it intended to serve as a  substitute  for
        the professional judgment of an attorney.
          This  estimate,  dated  January  21,  2022,  and intended for use only
        during the  2022  Legislative  Session,  is  Fiscal  Note  No.  2022-57,
        prepared  by  the  Actuary  for  the New York State and Local Retirement
        System.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          As it applies to members of the New York  State  Teachers'  Retirement
        System, Section 9 of this bill would amend Subdivision 1 of Section 1000
        of  the  Retirement  and Social Security Law to allow a member who has a
        qualifying condition as defined in Section  350  of  the  Executive  Law
        (post-traumatic  stress  disorder or traumatic brain injury) or a member
        who is a discharged LGBT veteran as defined in Section 240 of the Execu-
        tive Law to purchase up  to  three  years  of  military  service  credit
        provided  such  member  did not receive a dishonorable discharge and was
        not discharged for bad conduct. To obtain such  credit,  a  member  must
        make  payments  as required by Section 1000 of the Retirement and Social
        Security Law. Tier 1, 2, 3, 4 and 5 members are required  to  pay  three
        percent  of  salary  earned during the twelve months of credited service
        immediately preceding the year in which a claim is made for each year of
        military service. Tier 6 members are required  to  pay  six  percent  of

        S. 6022--B                         10

        salary  earned  during the twelve months of credited service immediately
        preceding the year in which a claim is made for each  year  of  military
        service.
          It  is  not  possible  to determine the number of eligible current and
        future members, or the number of years of military service  credit  each
        such  member may purchase under this bill. Therefore, it is not possible
        to estimate the annual increase in the employers' cost  for  this  bill.
        Whatever  increase  in  liability that arises for service credited under
        this bill above that paid by the member would be included  in  the  cost
        that  would  be  shared  by  employers through the employer contribution
        rate.
          It is estimated that the cost, expressed as a percentage of a member's
        salary for each year of service credit a  member  purchases  under  this
        bill is as follows:
                           Cost per year of Service Purchased
                        (as a percentage of the member's salary)

        Tier(s)                                      1-4       5         6
        Cost                                         12.5%     10.9%     8.9%
        Member Contribution offset                   3.0%      3.0%      6.0%
        Net cost to participating employers          9.5%      7.9%      2.9%

          Member  data  is  from  the  System's  most recent actuarial valuation
        files, consisting of data provided by the employers  to  the  Retirement
        System.   Data distributions and statistics can be found in the System's
        Annual Report.  System assets are as reported in the System's  financial
        statements and can also be found in the System's Annual Report. Actuari-
        al  assumptions and methods are provided in the System's Actuarial Valu-
        ation Report and the 2021 Actuarial Assumptions Report.
          The source of this estimate is Fiscal Note 2022-27 dated April 6, 2022
        prepared by the Office of the Actuary of the New  York  State  Teachers'
        Retirement  System and is intended for use only during the 2022 Legisla-
        tive Session. I, Richard A. Young, am the Chief Actuary for the New York
        State Teachers' Retirement System. I am a member of the American Academy
        of Actuaries and I meet the  Qualification  Standards  of  the  American
        Academy of Actuaries to render the actuarial opinion contained herein.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          SUMMARY  OF  BILL: This proposed legislation, as it relates to members
        of the New York City  Retirement  Systems  and  Pension  Funds  (NYCRS),
        amends  Retirement and Social Security Law (RSSL) Section 1000 to permit
        the purchase of qualifying, other than  honorably  discharged,  military
        service for NYCRS service credit.
          Effective Date: One year after enactment.
          BACKGROUND:  Members of NYCRS who were other than honorably discharged
        from military service due to (1)  post-traumatic  stress  disorder;  (2)
        traumatic brain injury; (3) an experience of military sexual trauma; (4)
        sexual  orientation,  gender  identity,  or  gender  expression;  or (5)
        conduct or acts relating to  sexual  orientation,  gender  identity,  or
        gender  expression  that  was  prohibited by the military at the time of
        discharge, are generally ineligible to purchase  such  military  service
        for purposes of NYCRS benefits.
          IMPACT  ON BENEFITS: Under the proposed legislation, if enacted, mili-
        tary service with qualifying discharges described  above,  would  become
        eligible  for  purchase pursuant to RSSL Section 1000. RSSL Section 1000
        allows for up to three years of military  service  to  be  purchased  as
        NYCRS service credit.

        S. 6022--B                         11

          Prior military service with discharges due to bad conduct or dishonor-
        able discharge would remain ineligible to purchase for purposes of NYCRS
        benefits.
          IMPACT  ON  PAYABILITY:  In  addition to the impact on benefits above,
        once purchased, eligible military service would  count  towards  meeting
        the minimum eligibility requirements for NYCRS pension benefits.
          ADDITIONAL  MEMBER  CONTRIBUTIONS: Eligible NYCRS members are required
        to make contributions, equal to 3% of  compensation  earned  during  the
        year  of credited service immediately preceding the date of application,
        for all military service being purchased.
          FINANCIAL IMPACT - OVERVIEW: There is no data  available  to  estimate
        the  number of members who were previously ineligible to purchase quali-
        fying military service and potentially benefit from this proposed legis-
        lation.  Therefore, the estimated financial impact has  been  calculated
        on  a  per  event  basis  equal  to the increase in the Present Value of
        Future Benefits (PVFB) for an average NYCRS  member  who  has  purchased
        military  service  under  Chapter 41 of the Laws of 2016. In determining
        the increase in the PVFB, it  has  been  assumed  that  2.4  years  were
        purchased.
          FINANCIAL  IMPACT  -  PRESENT VALUES: Based on the census data and the
        actuarial assumptions and methods described  herein,  the  enactment  of
        this  proposed  legislation  would  increase  the  PVFB by approximately
        $49,500, on average, for each military buyback of 2.4  years  purchased.
        The  average  cost  to  the  member  for  each buyback was approximately
        $8,400. This results in a net increase in the Present  Value  of  future
        employer  contributions  of  approximately  $41,100  for  each  military
        buyback of 2.4 years purchased.
          With respect to an individual member,  the  additional  cost  of  this
        proposed legislation could vary greatly depending on the member's length
        of service, age, and salary history.
          FINANCIAL  IMPACT  -  ANNUAL EMPLOYER CONTRIBUTIONS: Enactment of this
        proposed legislation would increase employer contributions,  where  such
        amount  would  depend on the number of members affected as well as other
        member characteristics as described above.
          As there is no data currently available  to  estimate  the  number  of
        members  who  might become eligible and purchase military service due to
        the proposed legislation, the financial impact would  be  recognized  at
        the  time  of the event. Consequently, changes in employer contributions
        have been estimated assuming that the  increase  in  the  PVFB  will  be
        financed  over  a time period used under the current amortization period
        for actuarial losses under the Entry Age Normal cost method. Using  this
        approach,  the  additional PVFB would be amortized over a closed 15-year
        period (14 payments under the One-Year  Lag  Methodology  (OYLM))  using
        level dollar payments.
          Based  on  the  Actuary's  actuarial assumptions and methods in effect
        described herein, the enactment of this proposed  legislation  is  esti-
        mated  to increase annual employer contributions by approximately $4,900
        for each military buyback of 2.4 years purchased. With  respect  to  the
        timing,  increases  in  employer  contributions  would  depend upon when
        members elect to purchase the  service.  Generally,  increased  employer
        contributions will first occur the second fiscal year following process-
        ing and payment of the buyback application.
          The  proposed  legislation, pursuant to section 10 of the bill, is not
        subject to RSSL section 25. Therefore, costs associated with the  enact-
        ment  of  this bill would not be subject to State reimbursement notwith-
        standing the increased cost of prior service associated with the bill.

        S. 6022--B                         12

          CENSUS DATA: The estimates presented herein are based  on  the  census
        data  of members who have purchased military service under Chapter 41 of
        the Laws of 2016 as of June 30, 2021.
          As of June 30, 2021, there were 3,461 NYCRS members who have purchased
        prior  military  service  under Chapter 41. Those members had an average
        age of approximately 48.7 years, average service of  approximately  16.8
        years  before  buyback, and an average salary of approximately $107,600.
        The average amount of service credit  purchased  was  approximately  2.4
        years.
          ACTUARIAL ASSUMPTIONS AND METHODS: The changes in the Present Value of
        future   employer   contributions   and  annual  employer  contributions
        presented herein have been calculated based on the actuarial assumptions
        and methods in effect for the June 30, 2020 (Lag)  actuarial  valuations
        used  to  determine the Final Fiscal Year 2022 employer contributions of
        each respective NYCRS.
          RISK AND UNCERTAINTY: The costs presented in this Fiscal  Note  depend
        highly  on the realization of the actuarial assumptions used, as well as
        certain demographic characteristics of each respective NYCRS  and  other
        exogenous  factors such as investment, contribution, and other risks. If
        actual experience deviates from actuarial assumptions, the actual  costs
        could  differ  from  those presented herein. Costs are also dependent on
        the actuarial methods used, and therefore  different  actuarial  methods
        could  produce  different results. Quantifying these risks is beyond the
        scope of this Fiscal Note.
          Not measured in this Fiscal Note are the following:
          * The initial, additional administrative costs of NYCRS and other  New
        York City agencies to implement the proposed legislation.
          The  impact of this proposed legislation on Other Postemployment Bene-
        fit * (OPEB) costs.
          STATEMENT OF ACTUARIAL OPINION: I, Michael J. Samet,  am  the  Interim
        Chief  Actuary  for,  and  independent  of, the New York City Retirement
        Systems and Pension Funds. I am a Fellow of the Society of Actuaries and
        a Member of the American Academy of Actuaries. I meet the  Qualification
        Standards  of  the American Academy of Actuaries to render the actuarial
        opinion contained herein. To the  best  of  my  knowledge,  the  results
        contained  herein  have  been  prepared  in  accordance  with  generally
        accepted actuarial principles and  procedures  and  with  the  Actuarial
        Standards of Practice issued by the Actuarial Standards Board.
          FISCAL  NOTE  IDENTIFICATION:  This Fiscal Note 2022-18 dated April 7,
        2022 was prepared by the Interim Chief Actuary for  the  New  York  City
        Retirement  Systems and Pension Funds. This estimate is intended for use
        only during the 2022 Legislative Session.
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