Relates to the service time of military personnel.
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.
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.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09375-01-1