This bill has been amended

Bill S1121A-2013

Provides retirement service credit to certain members discharged from military service due to injuries suffered during certain military conflicts

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.

Details

Actions

  • Jan 8, 2014: REFERRED TO CIVIL SERVICE AND PENSIONS
  • Jun 14, 2013: PRINT NUMBER 1121A
  • Jun 14, 2013: AMEND AND RECOMMIT TO CIVIL SERVICE AND PENSIONS
  • Jan 9, 2013: REFERRED TO CIVIL SERVICE AND PENSIONS

Memo

BILL NUMBER:S1121A

TITLE OF BILL: 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

PURPOSE OR GENERAL IDEA OF BILL:

To allow individuals who were injured during certain military conflict to be eligible for the full three years of service credit. available from chapter 548 of the Laws of 2000.

SUMMARY OF SPECIFIC PROVISIONS:

Amends Section 1000 of the retirement and social security law to allow individuals who were injured during certain military conflict to be eligible for the full three years of service credit available from chapter 548 of the Laws of 2000.

JUSTIFICATION:

Currently individuals who were injured in defense of the Country are not necessarily eligible for the full three year retirement credit if they were honorably discharged early. This legislation takes away that inequity by allowing them to receive the full three years of retirement credit.

PRIOR LEGISLATIVE HISTORY:

S.6167 of 2002; Referred to Senate Committee on Civil Service and Pensions; S.3251A of 200312004; Ordered to Third Reading; S.1985 of 2005/2006 Passed Senate; S.254-A/A.5761-A of 2008: Died in Assembly Ways and Means -Passed Senate; S.4325-A /A.7234 of 2009/2010; Died in Assembly Governmental Employees-Died in Civil Service and Pensions; S.5392 -A/A.7394-A; Died in Senate Civil Service and Pension - died in Assembly Governmental Employees; 2011/2012: S.5392-A/A.7394-A- Died in Senate Civil Service and Pension - died in Assembly Governmental Employees.

FISCAL IMPLICATIONS:

A fiscal note has been provided by the New York State and Local Employees' Retirement System, and the Local Police and Fire Retirement System. However, it is believed that there will be a minimal number of affected members.

EFFECTIVE DATE:

This act shall take effect immediately and shall be deemed to have been in full force and effect on and after December 21, 1998.


Text

STATE OF NEW YORK ________________________________________________________________________ 1121--A 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions -- 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 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: Section 1. Section 1000 of the retirement and social security law is amended by adding a new subdivision 2-a to read as follows: 2-A. A MEMBER, UPON APPLICATION TO SUCH RETIREMENT SYSTEM, MAY OBTAIN A TOTAL OF THREE YEARS OF SERVICE CREDIT FOR LESS THAN THREE YEARS OF MILITARY DUTY, AS DEFINED IN SECTION TWO HUNDRED FORTY-THREE OF THE MILITARY LAW, IF THE MEMBER WAS HONORABLY DISCHARGED FROM THE MILITARY FOR MEDICAL REASONS DUE TO INJURIES SUFFERED DURING SUCH MILITARY DUTY, IF ALL OR PART OF SUCH SERVICES WAS RENDERED IN THE MILITARY CONFLICTS REFERENCED BELOW, AS FOLLOWS: (A) COMMENCING DECEMBER SEVENTH, NINETEEN HUNDRED FORTY-ONE AND TERMI- NATING DECEMBER THIRTY-FIRST, NINETEEN HUNDRED FORTY-SIX; (B) COMMENCING JUNE TWENTY-SEVENTH, NINETEEN HUNDRED FIFTY AND TERMI- NATING JANUARY THIRTY-FIRST, NINETEEN HUNDRED FIFTY-FIVE; (C) COMMENCING FEBRUARY TWENTY-EIGHTH, NINETEEN HUNDRED SIXTY-ONE AND TERMINATING MAY SEVENTH, NINETEEN HUNDRED SEVENTY-FIVE; (D) HOSTILITIES PARTICIPATED IN BY THE MILITARY FORCES OF THE UNITED STATES IN LEBANON, FROM THE FIRST DAY OF JUNE, NINETEEN HUNDRED EIGHTY- THREE TO THE FIRST DAY OF DECEMBER, NINETEEN HUNDRED EIGHTY-SEVEN, AS
ESTABLISHED BY RECEIPT OF THE ARMED FORCES EXPEDITIONARY MEDAL, THE NAVY EXPEDITIONARY MEDAL, OR THE MARINE CORPS EXPEDITIONARY MEDAL; (E) HOSTILITIES PARTICIPATED IN BY THE MILITARY FORCES OF THE UNITED STATES IN GRENADA, FROM THE TWENTY-THIRD DAY OF OCTOBER, NINETEEN HUNDRED EIGHTY-THREE TO THE TWENTY-FIRST DAY OF NOVEMBER, NINETEEN HUNDRED EIGHTY-THREE, AS ESTABLISHED BY RECEIPT OF THE ARMED FORCES EXPEDITIONARY MEDAL, THE NAVY EXPEDITIONARY MEDAL, OR THE MARINE CORPS EXPEDITIONARY MEDAL; (F) HOSTILITIES PARTICIPATED IN BY THE MILITARY FORCES OF THE UNITED STATES IN PANAMA, FROM THE TWENTIETH DAY OF DECEMBER, NINETEEN HUNDRED EIGHTY-NINE TO THE THIRTY-FIRST DAY OF JANUARY, NINETEEN HUNDRED NINETY, AS ESTABLISHED BY RECEIPT OF THE ARMED FORCES EXPEDITIONARY MEDAL, THE NAVY EXPEDITIONARY MEDAL, OR THE MARINE CORPS EXPEDITIONARY MEDAL; OR (G) HOSTILITIES PARTICIPATED IN BY THE MILITARY FORCES OF THE UNITED STATES, FROM THE SECOND DAY OF AUGUST, NINETEEN HUNDRED NINETY, TO THE END OF SUCH HOSTILITIES IN CASE OF A VETERAN WHO SERVED IN THE THEATER OF OPERATIONS INCLUDING IRAQ, KUWAIT, SAUDI ARABIA, BAHRAIN, QATAR, THE UNITED ARAB EMIRATES, OMAN, THE GULF OF ADEN, THE GULF OF OMAN, THE PERSIAN GULF, THE RED SEA, AND THE AIRSPACE ABOVE THESE LOCATIONS. S 2. Notwithstanding any other provision of law to the contrary, none of the provisions of this act shall be subject to section 25 of the retirement and social security law. S 3. This act shall take effect immediately and shall be deemed to 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 credit 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 12% (9% 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 17% (14% for Tier 6) of an affected members' compensation for each year of additional service that is purchased. 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. Summary of relevant resources: ERS Costs: Pursuant to section 25 of the Retirement and Social Securi- ty Law, these per person one-time costs would be borne by the State of New York and would require an itemized appropriation by the State of New York sufficient to pay the cost of the provision. The State may amortize these per person one-time costs over a period of 5 years.

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