Bill S3722-2013

Provides credit to members of public retirement systems of the state for certain military service during the Iranian hostage crisis

Provides credit to members of public retirement systems of the state for certain military service during the Iranian hostage crisis.

Details

Actions

  • Jan 8, 2014: REFERRED TO CIVIL SERVICE AND PENSIONS
  • Feb 12, 2013: REFERRED TO CIVIL SERVICE AND PENSIONS

Memo

BILL NUMBER:S3722

TITLE OF BILL: An act to amend the retirement and social security law, in relation to providing credit to members of public retirement systems of the state for certain military service during the Iranian hostage crisis

PURPOSE OR GENERAL IDEA OF BILL:

This legislation would extend the military service credit as provided for in Chapter 548 of the Laws of 2000, to include the Iranian Hostage Crisis from November 4, 1979 to January 20, 1981 as established by an expeditionary medal.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends paragraph (a) of Subdivision 2 of § 1000 of the retirement and social security law, by adding:

(a) Hostilities participated in by military forces of the United States in Iran, from the fourth day of November, nineteen hundred seventy-nine to the twentieth day of January, nineteen hundred eighty-one, as established by receipt of the armed forces expeditionary medal, the navy expeditionary medal, or the marine corps expeditionary medal.

Section 2 allows the act to take effect immediately.

JUSTIFICATION:

US Military veterans from New York State who defended our country during hostilities should have the ability to earn military service credit as members of the Public retirement system. Veterans who served in hostile actions during the Lebanon, Grenada, and Panama crises may be eligible for military service credit, but those who served during the Iranian Hostage Crisis have been overlooked and are not able to receive these same benefits. This legislation will allow our brave soldiers to earn military service credit if they served during the Iranian Hostage Crisis from November 4, 1979 to January 20, 1981.

PRIOR LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 3722 2013-2014 Regular Sessions IN SENATE February 12, 2013 ___________
Introduced by Sen. NOZZOLIO -- 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 providing credit to members of public retirement systems of the state for certain military service during the Iranian hostage crisis THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 1000 of the retirement and social security law, as added by chapter 548 of the laws of 2000, is amended to read as follows: 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 IRAN, FROM THE FOURTH DAY OF NOVEMBER, NINETEEN HUNDRED SEVEN- TY-NINE TO THE TWENTIETH DAY OF JANUARY, NINETEEN HUNDRED EIGHTY-ONE, 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 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)] (C) 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)] (D) 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)] (E) 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. This act shall take effect immediately. FISCAL NOTE.--The fiscal note, required by Section 50 of the Legisla- tive Law, which may not be altered and which must be appended to the bill in its entirety, is: This bill would extend the benefits of Chapter 548, Laws of 2000 to members of public retirement systems in New York State who rendered military service during the period of conflict in Iran from 11/4/79- 1/20/81, as established by the receipt of the armed forces expeditionary medal, the navy expeditionary medal or the marine corps expeditionary medal. The total service credit granted for any military service shall not exceed three (3) 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 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 current members as well as future members who could be affected by this legislation cannot be readily determined. ERS Costs: Pursuant to Section 25 of the Retirement and Social Securi- ty Law, the increased cost to the New York State and Local Employees' Retirement System would be borne entirely by the State of New York and would require an itemized appropriation sufficient to pay the cost of the provision. Since a member can apply for this service credit at any time prior to retirement, 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: These costs would be shared by the State of New York and the participating employers in the PFRS. Summary of relevant resources:

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