Bill Text: NY S08280 | 2019-2020 | General Assembly | Introduced


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 1-0)

Status: (Introduced - Dead) 2020-05-01 - REFERRED TO CIVIL SERVICE AND PENSIONS [S08280 Detail]

Download: New_York-2019-S08280-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8280

                    IN SENATE

                                       May 1, 2020
                                       ___________

        Introduced  by  Sen. HOYLMAN -- 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
          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
    19  law, and has received a discharge other than bad conduct or dishonorable
    20  from such service.
    21    § 3. Subdivision 31 of section 2 of the retirement and social security
    22  law, as amended by chapter 616 of the laws of 1995, is amended  to  read
    23  as follows:
    24    31.  "Service in world war II." (1) Military service during the period
    25  commencing July first, nineteen hundred forty, and terminating  December
    26  thirty-first, nineteen hundred forty-six, as a member of the armed forc-
    27  es  of  the United States, or service by one who was employed by the War
    28  Shipping Administration or Office of  Defense  Transportation  or  their

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13155-03-0

        S. 8280                             2

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

        S. 8280                             3

     1  employee  while in such armed forces and subsequently became such member
     2  on or before July first, nineteen hundred forty-eight, or was an employ-
     3  ee of an employer which was not a participating employer at the time  he
     4  entered  such  armed  forces but which elected to become a participating
     5  employer while he was absent on military duty, or was an employee of the
     6  state or of a participating employer or was  a  teacher  as  defined  in
     7  article eleven of the education law at the time of his entrance into the
     8  armed  forces and became a member of the retirement system subsequent to
     9  separation or discharge from the armed 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, nineteen hundred forty-five, aboard  merchant  vessels
    32  in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
    33  terms  are defined under federal law (46 USCA 10301 & 10501) and further
    34  to include "near foreign" voyages between the United States and  Canada,
    35  Mexico, or the West Indies via ocean routes, or public vessels in ocean-
    36  going  service  or  foreign waters and who has received a Certificate of
    37  Release or Discharge from Active Duty and a discharge certificate, or an
    38  Honorable Service Certificate/Report of Casualty, from the Department of
    39  Defense, or service by one  who  served  as  a  United  States  civilian
    40  employed  by the American Field Service and served overseas under United
    41  States Armies and United States Army Groups in world war II  during  the
    42  period  of  armed conflict, December seventh, nineteen hundred forty-one
    43  through May  eighth,  nineteen  hundred  forty-five,  and  who  (i)  was
    44  discharged or released therefrom under honorable conditions, or (ii) has
    45  a qualifying condition, as defined in section three hundred fifty of the
    46  executive  law,  and  has received a discharge other than bad conduct or
    47  dishonorable from such service, or (iii) is a discharged  LGBT  veteran,
    48  as  defined in section three hundred fifty of the executive law, and has
    49  received a discharge other than bad conduct or  dishonorable  from  such
    50  service, or service by one who served as a United States civilian Flight
    51  Crew  and Aviation Ground Support Employee of Pan American World Airways
    52  or one of its subsidiaries or its affiliates and served  overseas  as  a
    53  result  of  Pan  American's contract with Air Transport Command or Naval
    54  Air Transport Service during the  period  of  armed  conflict,  December
    55  fourteenth,  nineteen hundred forty-one through August fourteenth, nine-
    56  teen hundred forty-five, and who (iv) was discharged or released  there-

        S. 8280                             4

     1  from  under  honorable conditions, or (v) has a qualifying condition, as
     2  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  (vi)  is  a discharged LGBT veteran, as defined in section
     5  three hundred fifty of the executive law, and has received  a  discharge
     6  other  than  bad  conduct or dishonorable from such service, by a person
     7  who was a resident of New York state at the  time  of  entry  into  such
     8  service and at the time of being discharged therefrom (vii) under honor-
     9  able circumstances, or (viii) with a qualifying condition, as defined in
    10  section  three  hundred  fifty  of  the  executive  law,  and received a
    11  discharge other than bad conduct or dishonorable from such  service,  or
    12  (ix)  as  a discharged LGBT veteran, as defined in section three hundred
    13  fifty of the executive law, and received  a  discharge  other  than  bad
    14  conduct or dishonorable from such service, or, if not a resident of this
    15  state  at  such  times  was  then  or thereafter became an employee of a
    16  participating employer created by and deriving its powers from an agree-
    17  ment between this state and any other state, and was a resident of  such
    18  other  state  at the time of entry into and discharge from such service,
    19  and who makes the payments required by subdivision k of  section  forty-
    20  one of this article.
    21    However,  no military service shall be creditable under this paragraph
    22  two in the case of a member under an existing plan permitting retirement
    23  upon twenty years of creditable  service  who  is  receiving  a  federal
    24  pension (other than for disability) based upon a minimum of twenty years
    25  of  full  time active military service in the armed forces of the United
    26  States nor shall any military service be creditable in  the  case  of  a
    27  member  under  any other plan who is receiving a military pension (other
    28  than for disability) for military service in the  armed  forces  of  the
    29  United States.
    30    §  4. Subparagraph (c) of paragraph 8 of subdivision a of section 80-a
    31  of the retirement and social security law, as added by  chapter  219  of
    32  the laws of 1968, is amended to read as follows:
    33    (c) In the case of a senator or assemblyman, service, not in excess of
    34  three  years and not otherwise creditable under subparagraph (b) of this
    35  paragraph [eight], rendered on active duty in the armed  forces  of  the
    36  United  States during the period commencing July first, nineteen hundred
    37  forty, and terminating December thirty-first,  nineteen  hundred  forty-
    38  six,  by  a  person  who  (i) was a resident of the state at the time of
    39  entry into service and at the time of being discharged  therefrom  under
    40  honorable  circumstances, or (ii) has a qualifying condition, as defined
    41  in section three hundred fifty of the executive law, and was a  resident
    42  of  the  state  at  the  time  of  entry into service and at the time of
    43  receiving a discharge other than bad conduct or dishonorable  from  such
    44  service,  or  (iii)  is a discharged LGBT veteran, as defined in section
    45  three hundred fifty of the executive law, and  was  a  resident  of  the
    46  state  at  the time of entry into service and at the time of receiving a
    47  discharge other than bad conduct or dishonorable from such service.
    48    § 5. Subdivision (i) of section 89-a  of  the  retirement  and  social
    49  security  law,  as  added  by  chapter  996 of the laws of 1966 and such
    50  section as renumbered by chapter 1059 of the laws of 1968, is amended to
    51  read as follows:
    52    (i) In computing the twenty-five years of total service  of  a  member
    53  pursuant  to  this section full credit shall be given and full allowance
    54  shall be made for service of such member in time of war after world  war
    55  I as defined in section two of this chapter, provided such member at the
    56  time  of his entrance into the military service of the United States was

        S. 8280                             5

     1  then a resident of this state and in the service of a  sheriffs  depart-
     2  ment  and  (1) had been honorably discharged or released under honorable
     3  circumstances from such military service, or (2) has a qualifying condi-
     4  tion,  as  defined  in section three hundred fifty of the executive law,
     5  and received a discharge other than bad  conduct  or  dishonorable  from
     6  such service, or (3) is a discharged LGBT veteran, as defined in section
     7  three hundred fifty of the executive law, and received a discharge other
     8  than  bad  conduct  or  dishonorable  from such service, and such member
     9  returned to the service of a sheriffs department within the time limited
    10  by section two of this chapter.
    11    § 6. Paragraph a of subdivision 29 of section 302  of  the  retirement
    12  and  social  security law, as added by chapter 1000 of the laws of 1966,
    13  is amended to read as follows:
    14    a. (1) Has been  honorably  discharged  or  released  therefrom  under
    15  honorable  circumstances,  or (2) has a qualifying condition, as defined
    16  in section three hundred fifty of the executive law, and has received  a
    17  discharge  other  than bad conduct or dishonorable from such service, or
    18  (3) is a discharged LGBT veteran, as defined in  section  three  hundred
    19  fifty  of the executive law, and has received a discharge other than bad
    20  conduct or dishonorable from such service, and
    21    § 7. Paragraph d of subdivision 29-a of section 302 of the  retirement
    22  and  social  security law, as added by chapter 1000 of the laws of 1966,
    23  is amended to read as follows:
    24    d. Credit under this section shall not  accrue  to  a  person  who  is
    25  released  from active duty under conditions other than honorable, unless
    26  such person has a qualifying condition,  as  defined  in  section  three
    27  hundred  fifty  of the executive law, and has received a discharge other
    28  than bad conduct or dishonorable from such service, or is  a  discharged
    29  LGBT veteran, as defined in section three hundred fifty of the executive
    30  law, and has received a discharge other than bad conduct or dishonorable
    31  from such service.
    32    §  8. Subdivision 31 of section 302 of the retirement and social secu-
    33  rity law, as amended by chapter 616 of the laws of 1995, subparagraph  c
    34  of paragraph 1 as amended by chapter 476 of the laws of 2018, is amended
    35  to read as follows:
    36    31.  "Service in world war II." (1) Military service during the period
    37  commencing July first, nineteen hundred forty, and terminating  December
    38  thirty-first, nineteen hundred forty-six, as a member of the armed forc-
    39  es  of  the United States, or service by one who was employed by the War
    40  Shipping Administration or Office of  Defense  Transportation  or  their
    41  agents  as a merchant seaman documented by the United States Coast Guard
    42  or Department of Commerce, or as a civil servant employed by the  United
    43  States  Army  Transport Service (later redesignated as the United States
    44  Army Transportation Corps, Water Division) or the  Naval  Transportation
    45  Service; and who served satisfactorily as a crew member during the peri-
    46  od  of  armed conflict, December seventh, nineteen hundred forty-one, to
    47  August fifteenth, nineteen hundred forty-five, aboard  merchant  vessels
    48  in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
    49  terms  are defined under federal law (46 USCA 10301 & 10501) and further
    50  to include "near foreign" voyages between the United States and  Canada,
    51  Mexico, or the West Indies via ocean routes, or public vessels in ocean-
    52  going  service  or  foreign waters and who has received a Certificate of
    53  Release or Discharge from Active Duty and a discharge certificate, or an
    54  Honorable Service Certificate/Report of Casualty, from the Department of
    55  Defense, or service by one  who  served  as  a  United  States  civilian
    56  employed  by the American Field Service and served overseas under United

        S. 8280                             6

     1  States Armies and United States Army Groups in world war II  during  the
     2  period  of  armed conflict, December seventh, nineteen hundred forty-one
     3  through May  eighth,  nineteen  hundred  forty-five,  and  who  (i)  was
     4  discharged or released therefrom under honorable conditions, or (ii) has
     5  a qualifying condition, as defined in section three hundred fifty of the
     6  executive  law,  and  has received a discharge other than bad conduct or
     7  dishonorable from such service, or (iii) is a discharged  LGBT  veteran,
     8  as  defined in section three hundred fifty of the executive law, and has
     9  received a discharge other than bad conduct or  dishonorable  from  such
    10  service, or service by one who served as a United States civilian Flight
    11  Crew  and Aviation Ground Support Employee of Pan American World Airways
    12  or one of its subsidiaries or its affiliates and served  overseas  as  a
    13  result  of  Pan  American's contract with Air Transport Command or Naval
    14  Air Transport Service during the  period  of  armed  conflict,  December
    15  fourteenth,  nineteen hundred forty-one through August fourteenth, nine-
    16  teen hundred forty-five, and who (iv) was discharged or released  there-
    17  from  under  honorable conditions, or (v) has a qualifying condition, as
    18  defined in section three hundred fifty of the  executive  law,  and  has
    19  received  a  discharge  other than bad conduct or dishonorable from such
    20  service, or (vi) is a discharged LGBT veteran,  as  defined  in  section
    21  three  hundred  fifty of the executive law, and has received a discharge
    22  other than bad conduct or dishonorable from  such  service,  or  of  any
    23  person who:
    24    a.  (i)  Has  been  honorably  discharged  or released therefrom under
    25  honorable circumstances, or (ii) has a qualifying condition, as  defined
    26  in  section three hundred fifty of the executive law, and has received a
    27  discharge other than bad conduct or dishonorable from such  service,  or
    28  (iii)  is a discharged LGBT veteran, as defined in section three hundred
    29  fifty of the executive law, and has received a discharge other than  bad
    30  conduct or dishonorable from such service, and
    31    b.  Was a resident of this state at the time of his entrance into such
    32  armed forces, or, if not a resident of this state at that time, was then
    33  or thereafter became an employee of a participating employer created  by
    34  and  deriving  its  powers  from an agreement between this state and any
    35  other state and was a resident of such other state at the  time  of  his
    36  entrance into such armed forces, and
    37    c.  Was  either  a  member  of the New York state and local employees'
    38  retirement system and an employee of the state  or  of  a  participating
    39  employer  of such system at the time he or she entered such armed forces
    40  or became such employee and such member while in such armed forces on or
    41  before July first, nineteen hundred forty-eight, or became such employee
    42  while in such armed forces and subsequently became  such  member  on  or
    43  before  July  first, nineteen hundred forty-eight, or was an employee of
    44  an employer which was not a participating employer at the time he or she
    45  entered such armed forces but which elected to  become  a  participating
    46  employer while he or she was absent on military duty, or was an employee
    47  of  the state or of a participating employer or was a teacher as defined
    48  in article eleven of the education  law  at  the  time  of  his  or  her
    49  entrance  into  the  armed  forces and became a member of the police and
    50  fire retirement system subsequent to separation or  discharge  from  the
    51  armed services, and
    52    d.  Returned to the employment of the state or a participating employ-
    53  er, within one year following discharge  or  release  or  completion  of
    54  advanced  education  provided under the servicemen's readjustment act of
    55  nineteen hundred forty-four,  certified  on  a  world  war  II  military
    56  service  certificate,  and allowable as provided in section forty-one of

        S. 8280                             7

     1  this article. Such service shall not include any  periods  during  which
     2  civil  compensation  was  received by the member under the provisions of
     3  section two hundred forty-two of the military law,  or  section  six  of
     4  chapter six hundred eight of the laws of nineteen hundred fifty-two; or
     5    (2)  Military  service, not in excess of three years and not otherwise
     6  creditable under paragraph one hereof, rendered on active  duty  in  the
     7  armed  forces  of  the  United  States during the period commencing July
     8  first, nineteen hundred forty, and  terminating  December  thirty-first,
     9  nineteen  hundred  forty-six,  or service by one who was employed by the
    10  War 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 by a person
    49  who  was  a  resident  of  New York state at the time of entry into such
    50  service and at the time of being discharged therefrom (vii) under honor-
    51  able circumstances, or (viii) with a qualifying condition, as defined in
    52  section three hundred  fifty  of  the  executive  law,  and  received  a
    53  discharge  other  than bad conduct or dishonorable from such service, or
    54  (ix) as a discharged LGBT veteran, as defined in section  three  hundred
    55  fifty  of  the  executive  law,  and received a discharge other than bad
    56  conduct or dishonorable from such service, or, if not a resident of this

        S. 8280                             8

     1  state at such times was then or  thereafter  became  an  employee  of  a
     2  participating employer created by and deriving its powers from an agree-
     3  ment  between this state and any other state, and was a resident of such
     4  other  state  at the time of entry into and discharge from such service,
     5  and who makes the payments required by subdivision k  of  section  three
     6  hundred forty-one of this chapter.
     7    However,  no military service shall be creditable under this paragraph
     8  two in the case of a member under an existing plan permitting retirement
     9  upon twenty years of creditable  service  who  is  receiving  a  federal
    10  pension (other than for disability) based upon a minimum of twenty years
    11  of  military  service in the armed forces of the United States nor shall
    12  such military service be creditable in the case of a  member  under  any
    13  other plan who is receiving a military pension (other than for disabili-
    14  ty) for such service.
    15    §  9. Subdivision 1 of section 1000 of the retirement and social secu-
    16  rity law, as amended by chapter 41 of the laws of 2016,  is  amended  to
    17  read as follows:
    18    1.  A member, upon application to such retirement system, may obtain a
    19  total not to exceed three years of service credit for up to three  years
    20  of  military  duty, as defined in section two hundred forty-three of the
    21  military law, if the member (a) was honorably discharged from the  mili-
    22  tary,  or  (b)  has  a qualifying condition, as defined in section three
    23  hundred fifty of the executive law, and has received a  discharge  other
    24  than  bad  conduct  or  dishonorable  from  such  service,  or  (c) is a
    25  discharged LGBT veteran, as defined in section three  hundred  fifty  of
    26  the  executive  law, and has received a discharge other than bad conduct
    27  or dishonorable from such service.
    28    § 10. This act shall take effect one year after it shall have become a
    29  law. Effective immediately, the addition, amendment and/or repeal of any
    30  rule or regulation necessary for the implementation of this act  on  its
    31  effective date are authorized to be made and completed on or before such
    32  effective date.
          FISCAL NOTE.--
          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 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  mili-
        tary  service).  Tier 1-5 members would be required to make a payment of
        three percent of their most recent compensation per year  of  additional
        service credit granted by this bill. Tier 6 members would be required to
        make a payment of six percent of their most recent compensation per year
        of additional service credit.
          If this bill is enacted, insofar as this proposal affects the New York
        State and Local Employees' Retirement System (ERS), it is estimated that
        the past service cost will average approximately 15% (12% for Tier 6) of
        an  affected  members'  compensation for each year of additional service
        credit that is purchased.
          Insofar as this proposal affects the New York State and  Local  Police
        and Fire Retirement System (PFRS), it is estimated that the past service
        cost  will  average  approximately  19%  (16% 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.

        S. 8280                             9

          ERS costs would be borne entirely by the State of New  York.  Since  a
        member  can  apply  for this service credit at any time prior to retire-
        ment, a precise cost can't be determined until each member, as  well  as
        future  members,  applies for the service credit. Every year a cost will
        be  determined  (and billed to the State) based on those benefiting from
        this provision.
          PFRS costs would be shared by the State of New York  and  the  partic-
        ipating employers in the PFRS.
          Summary of relevant resources:
          The  membership  data  used  in  measuring  the impact of the proposed
        change was the same as that used in the March 31, 2019  actuarial  valu-
        ation.  Distributions  and  other  statistics  can  be found in the 2019
        Report of the  Actuary  and  the  2019  Comprehensive  Annual  Financial
        Report.
          The  actuarial assumptions and methods used are described in the 2015,
        2016, 2017, 2018 and 2019 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, 2019
        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  22,  2020,  and intended for use only
        during the  2020  Legislative  Session,  is  Fiscal  Note  No.  2020-27,
        prepared  by  the  Actuary  for  the New York State and Local Retirement
        System.
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