Bill S4512A-2011

Provides credit to members of public retirement systems of the state for military service rendered during periods of military conflict

Provides credit to members of public retirement systems of the state for military service rendered during periods of military conflict.

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  • Jun 21, 2012: COMMITTED TO RULES
  • May 14, 2012: ADVANCED TO THIRD READING
  • May 9, 2012: 2ND REPORT CAL.
  • May 8, 2012: 1ST REPORT CAL.729
  • Feb 29, 2012: REPORTED AND COMMITTED TO FINANCE
  • Feb 23, 2012: PRINT NUMBER 4512A
  • Feb 23, 2012: AMEND AND RECOMMIT TO CIVIL SERVICE AND PENSIONS
  • Jan 4, 2012: REFERRED TO CIVIL SERVICE AND PENSIONS
  • Apr 8, 2011: REFERRED TO CIVIL SERVICE AND PENSIONS

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Memo

BILL NUMBER:S4512A

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 military service rendered during periods of military conflict

PURPOSE: This legislation would extend the military service credit as provided for in Chapter 548 of the Laws of 2000, to all veterans who served in Lebanon, Grenada and/or Panama, regardless of the award of an expeditionary medal during those conflicts. This measure also extends these provisions to all retired members.

SUMMARY OF PROVISIONS: Section one of this measure amends paragraphs (a), (b) and (c) of subdivision 2 and subdivision 6 of Section 1000 of the Retirement and social Security Law, as added by Chapter 548 of the Laws of 2000.

JUSTIFICATION: Chapter 548 of the Laws of 2000 was enacted to provide military service credit to certain members and retired members of New York State's public retirement systems. In the chapter however, there were certain restrictions which limited its applicability--veterans who served during the Lebanon, Grenada and/or Panama hostilities could only benefit from this credit if they had been awarded an expeditionary medal and members who had retired before December 21, 1998 could not believe this credit at all.

Chapter 548 was also meant to benefit veterans of World War II, Korea, Vietnam. However, because of the limitation only applying to members who had retired on or after December 21, 1998, the majority of veterans who served during these earlier periods are ineligible to receive this military service credit.

This legislation would correct the shortcomings of Chapter 548 of the Laws of 2000. All veterans, no matter where they served during periods of hostility or when they retired, would be eligible for the military service pension enhancement.

LEGISLATIVE HISTORY: S.5923 of 2007/2008 S.4314 of 2009/2010

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 4512--A 2011-2012 Regular Sessions IN SENATE April 8, 2011 ___________
Introduced by Sens. NOZZOLIO, LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions -- recommitted to the Committee on Civil Service and Pensions in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee 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 military service rendered during periods of military conflict THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraphs (a), (b) and (c) of subdivision 2 and subdivi- sion 6 of section 1000 of the retirement and social security law, as added by chapter 548 of the laws of 2000, are amended to read 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 nine- ty[, as established by receipt of the armed forces expeditionary medal,
the navy expeditionary medal, or the marine corps expeditionary medal]
; or 6. 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.] ANY RETIRED MEMBERS SEEKING TO RECEIVE CREDIT FOR MILITARY SERVICE UNDER THIS SECTION MUST MAKE APPLI- CATION FOR SUCH CREDIT WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWELVE WHICH AMENDED THIS SUBDIVI- SION. S 2. This act shall take effect immediately.

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