S2651-2013 Actions

• Jan 23, 2013: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS

S2651-2013 Memo

BILL NUMBER:S2651

TITLE OF BILL:
An act
to amend the military law, in relation to the service credit time of
military personnel

PURPOSE:
This bill would allow any person who is a member of any public
retirement system of the state, called up for active duty military
service during any period from September 11,2001 to the present time,
to be awarded full pension credit, for all time so employed on active
duty, as
if such person was employed full time in their public employment,
during the time of such active duty service, regardless of whether
such person receives any wages or salary income from such public
employment during such active duty service.

SUMMARY OF PROVISIONS:
Specifically, this bill would add section 244-b of the military law to
provide that:

Notwithstanding any other provision of law to the contrary, any
person, who is a member of any public retirement system of the state,
called up for active duty service as a member of the:

a. Naval militia;

b. New York State Guard;

c. New York National Guard;

d. Reserves; or

e. United States Army, Navy, Marines, Air Force, or Coast Guard,

during any period from September 11, 2001 to the present time, shall
be awarded full pension credit, for all time so employed on active
duty, as if such person was employed full time in their public
employment, during the time of such active duty, service, regardless
of whether such person receives any wages or salary income from such
public employment during such active duty service.

JUSTIFICATION:
Presently, most military veterans, who are state or local employees,
receive service public pension credit time while are on active duty.
A certain select few, however, mostly of officer rank, do not.

As a result, these persons, not only suffer the time away from home
and family incumbent from their service on active duty, but are also
penalized by losing their time credit in the public pension system.

This bill would remedy this gap in the law, and thereby eliminate the
present disincentive of a state or local employee to serve as an
officer in the reserves, militia or guard.


It would expressly recognize their service to our country, and end the
present penalty system which the current law mistakenly imposes.

America and New York needs every person who is willing to serve to
protect our freedom, liberty and way of life. This bill would
recognize that commitment of those brave men and women who have
answered the call since September 11th.

LEGISLATIVE HISTORY:
S.4722 of 2009/2010
6/24/11 Committed to Rules
6/6/12 Reported and Committed to Finance

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE:
This act would take effect immediately.

S2651-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2651
 2013-2014 Regular Sessions
 I N  SENATE
 January 23, 2013
 
 Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
 printed to be committed to the Committee on Veterans, Homeland Securi
 ty and Military Affairs
 

AN ACT to amend the military law, in relation to the service credit time
 of military personnel
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  The military law is amended by adding a new section 244-b
 to read as follows:

 

S 244-B. PENSION CREDIT DURING ACTIVE DUTY.  NOTWITHSTANDING ANY OTHER
 PROVISION OF LAW TO THE CONTRARY, ANY PERSON, WHO IS  A  MEMBER  OF  ANY
 PUBLIC RETIREMENT SYSTEM OF THE STATE, CALLED UP FOR ACTIVE DUTY SERVICE
 AS A MEMBER OF THE:

 A. NAVAL MILITIA;
 B. NEW YORK STATE GUARD;
 C. NEW YORK NATIONAL GUARD;
 D. RESERVES; OR
 E.  UNITED  STATES ARMY, NAVY, MARINE CORPS, AIR FORCE OR COAST GUARD,
 DURING ANY PERIOD FROM SEPTEMBER ELEVENTH, TWO THOUSAND ONE TO THE PRES
 ENT TIME, SHALL BE AWARDED FULL PENSION CREDIT, FOR ALL TIME SO EMPLOYED
 ON ACTIVE DUTY, AS IF SUCH PERSON WAS EMPLOYED FULL TIME IN THEIR PUBLIC
 EMPLOYMENT, DURING THE TIME OF SUCH ACTIVE DUTY SERVICE,  REGARDLESS  OF
 WHETHER SUCH PERSON RECEIVES ANY WAGES OR SALARY INCOME FROM SUCH PUBLIC
 EMPLOYMENT DURING SUCH ACTIVE DUTY SERVICE.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01067-02-3

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