Bill S3291-2011

Allows military service credit for retirement to all honorably discharged veterans

Allows military service credit for retirement to all honorably discharged veterans; removes "time of war" requirement.

Details

Actions

  • Jan 4, 2012: REFERRED TO CIVIL SERVICE AND PENSIONS
  • Feb 15, 2011: REFERRED TO CIVIL SERVICE AND PENSIONS

Memo

BILL NUMBER:S3291

TITLE OF BILL: An act to amend the retirement and social security law, in relation to allowing military service credit for retirement for all honorably discharged veterans

PURPOSE OR GENERAL IDEA OF BILL: The bill would allow military service credit for retirement to all honorably discharged veterans.

SUMMARY OF SPECIFIC PROVISIONS: This bill would permit all active members of a public retirement system, who have earned an honorable discharge, to purchase service credit not to exceed three years for their military service; require the persons claiming military credit to pay 3% of the person's compensation earned in the 12 months immediately preceding an application for such credit for each year of military service credit claimed and permit the payment to be made over a period of time equal to the amount of service credit claimed.

JUSTIFICATION: The citizens of our state owe a debt of gratitude to all people who actively served in the military and were ready at any time to serve in combat if called upon. This bill eliminates the distinction between those who actually served and those who were ready to serve. This bill recognizes the importance of active military service to keep our country always in the position to enter into combat if necessary. This bill says thanks to the military service people who took the time out of their careers to train and be there if ever our country was called upon to defend our precious freedom or to be there for other countries in pursuit of their freedom.

Currently only a person who served 'in the military during military conflicts is able to purchase service credit in the public retirement systems of the state for his/her period of military service not exceed three years at a rate of 3% per year as outlined in Chapter 548 of the Laws of 2000.

PRIOR LEGISLATIVE HISTORY: S4076A: 04/09/09 Referred to Civil Service and Pensions 05/20/09 Amend and Recommit to Civil Service and Pensions 05/20/09 Print Number 4076A 01/06/10 Referred to Civil Service and Pensions

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Fiscal notes are attached to the legislation.

EFFECTIVE DATE:

Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 3291 2011-2012 Regular Sessions IN SENATE February 15, 2011 ___________
Introduced by Sen. ADAMS -- 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 allowing military service credit for retirement for all honorably discharged veterans 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, as added by chapter 548 of the laws of 2000 and subdivision 9 as added by chapter 547 of the laws of 2002, is amended to read as follows: S 1000. Military service credit. Notwithstanding any law to the contrary, a member of a public retirement system of the state, as defined in subdivision twenty-three of section five hundred one of this chapter, shall be eligible for credit for military service as hereinaft- er provided: 1. A member, upon application to such retirement system, may obtain a total not to exceed three years of service credit for up to 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 [and all or part of such military service was rendered during the following periods: (a) commencing December seventh, nineteen hundred forty-one and terminating December thirty-first, nineteen hundred forty-six; (b) commencing June twenty-seventh, nineteen hundred fifty and terminating January thirty-first, nineteen hundred fifty-five; or (c) commencing February twenty-eighth, nineteen hundred sixty-one and terminating May seventh, nineteen hundred seventy-five; 2. A member, upon application to such retirement system, may obtain a total not to exceed three years of service credit for up to three years of military duty, as defined in section two hundred forty-three of the military law, if honorably discharged therefrom, if all or part of such
services was rendered in the military conflicts referenced below, as follows: (a) 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; (b) 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; (c) 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 (d) 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]
. [3.] 2. A member must have at least five years of credited service (not including service granted hereunder) to be eligible to receive credit under this section. [4.] 3. To obtain such credit, a member shall pay such retirement system, for deposit in the fund used to accumulate employer contrib- utions, a sum equal to the product of the number of years of military service being claimed and three percent of such member's compensation earned during the twelve months of credited service immediately preced- ing the date that the member made application for credit pursuant to this section. If permitted by rule or regulation of the applicable retirement system, the member may pay such member costs by payroll deduction for a period which shall not exceed the time period of mili- tary service to be credited pursuant to this section. In the event the member leaves the employer payroll prior to completion of payment, he or she shall forward all remaining required payments to the appropriate retirement system prior to the effective date of retirement. If the full amount of such member costs is not paid to the appropriate retirement system prior to the member's retirement, the amount of service credited shall be proportional to the total amount of the payments made prior to retirement. [5.] 4. In no event shall the credit granted pursuant to this section, when added to credit granted for military service with any retirement system of this state pursuant to this or any other provision of law, exceed a total of three years. [6.] 5. To be eligible to receive credit for military service under this section, a member must make application for such credit before the effective date of retirement. [Notwithstanding the foregoing provisions of this subdivision, an individual who retired on or after December twenty-first, nineteen hundred ninety-eight and before the effective date of this section may make application for credit pursuant to this section within one year following the effective date of this section, in
which event, the cost to the retiree would be based on the twelve month period immediately preceding retirement. 7.]
6. All costs for service credited to a member pursuant to this section, other than the member costs set forth in subdivision [three] TWO of this section, shall be paid by the state and all employers which participate in the retirement system in which such member is granted credit. [8.] 7. A member who has purchased military service credit pursuant to section two hundred forty-four-a of the military law shall be entitled to a refund of the difference between the amount paid by the member for such purchase and the amount that would be payable if service had been purchased pursuant to this section. [9.] 8. Notwithstanding any other provision of law, in the event of death prior to retirement, amounts paid by the member for the purchase of military service credit pursuant to this section shall be refunded, with interest, to the extent the military service purchased with such amounts does not produce a greater death benefit than would have been payable had the member not purchased such credit. Notwithstanding any other provision of law, in the event of retire- ment, amounts paid by the member for the purchase of military service credit pursuant to this section shall be refunded, with interest, to the extent the military service purchased with such amounts does not produce a greater retirement allowance than would have been payable had the member not purchased such credit. S 2. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus