Bill S3954-2011

Relates to the service time of military personnel

Relates to the service time of military personnel.

Details

Actions

  • Jun 6, 2012: REPORTED AND COMMITTED TO FINANCE
  • Jan 4, 2012: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • Jun 24, 2011: COMMITTED TO RULES
  • Mar 16, 2011: ADVANCED TO THIRD READING
  • Mar 15, 2011: 2ND REPORT CAL.
  • Mar 14, 2011: 1ST REPORT CAL.208
  • Mar 10, 2011: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS

Votes

VOTE: COMMITTEE VOTE: - Veterans, Homeland Security and Military Affairs - Mar 14, 2011
Ayes (14): Ball, Flanagan, Golden, Griffo, Grisanti, Larkin, McDonald, Zeldin, Addabbo, Avella, Stewart-Cousins, Carlucci, Klein, Savino
VOTE: COMMITTEE VOTE: - Veterans, Homeland Security and Military Affairs - Jun 5, 2012
Ayes (14): Ball, Flanagan, Golden, Griffo, Grisanti, Larkin, McDonald, Zeldin, Addabbo, Avella, Stewart-Cousins, Carlucci, Klein, Savino

Memo

BILL NUMBER:S3954

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

FISCAL IMPLICATIONS: To be determined

EFFECTIVE DATE: This act would take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 3954 2011-2012 Regular Sessions IN SENATE March 10, 2011 ___________
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, MARINES, 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.

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