This bill has been amended

Bill S4714-2013

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

Provides up to three years of service credit to members of public retirement systems of the state for military service rendered during times of peace; removes requirement that such military service occur during specified periods of hostilities; such members must have at least five years of credited service, not including military service; makes an appropriation therefor.

Details

Actions

  • Jan 8, 2014: REFERRED TO FINANCE
  • Apr 19, 2013: REFERRED TO FINANCE

Memo

BILL NUMBER:S4714

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; and making an appropriation therefor

PURPOSE: To extend the Veterans Service Credit Law of 2000 to all veterans who have served in the military

SUMMARY OF PROVISIONS:

Section one amends section 1000 of the retirement and social services law, as added by chapter 548 of the laws of 2000 and subdivision 9 as added by chapter 547 of the laws of 2002, by deleting the specified periods of time in which military service would had to have been rendered in order to receive up to three years of service credit. Such specified periods currently prevent a person who served in the military, outside such periods, from obtaining service credit when applying to a public retirement system of the state. This section also deletes other restricting dates.

Section two provides the appropriation necessary for the legislation.

Section three provides the effective date.

JUSTIFICATION: The United States now depends on a volunteer military. In order to encourage citizens to become a member of the military, the state needs to recognize all veterans by allowing them to access the veteran's service credit buy back law. Currently, the Veterans Service Credit Law of 2000 permits active public employees who served in the military during only specified conflicts to purchase up to three years credit for their military service. This legislation will extend this opportunity to veterans who were in the military and served their country during peace times as well.

LEGISLATIVE HISTORY: S.6904-A, 2012 referred to civil service and pensions. A.6663-A, 2010 referred to ways and means. Same as S.4316-A, 2010 referred to civil service and pensions. A.6663, 2009 referred to governmental employees. Same as S.4316, 2009 referred to civil service and pensions. A.6318-C 2008, passed assembly. A.6318-C 2007, referred to governmental employees committee. Same as S.5495 (Leibell).

FISCAL IMPLICATIONS: See fiscal notes included at the end of the bill.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 4714 2013-2014 Regular Sessions IN SENATE April 19, 2013 ___________
Introduced by Sens. LARKIN, DeFRANCISCO, RITCHIE -- read twice and ordered printed, and when printed to be committed to the Committee on Finance 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; and making an appropriation therefor 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, subdivision 9 as added by chapter 547 of the laws of 2002 and subdivision 10 as added by chapter 18 of the laws of 2012, 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 of this section, shall be paid by the state and all employers which partic- ipate 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. [10.] 9. Anything to the contrary in subdivision [four] THREE of this section notwithstanding, to obtain such credit, a member who first joins a public retirement system of the state on or after April first, two thousand twelve shall pay such retirement system, for deposit in the fund used to accumulate employer contributions, a sum equal to the prod- uct of the number of years of military service being claimed and six percent of such member's compensation earned during the twelve months of credited service immediately preceding the date that the member made application for credit pursuant to this section. S 2. The amount specified in this section, or so much thereof as shall be sufficient to accomplish the purpose designated, is hereby appropri- ated and authorized to be paid as hereinafter provided, to the public officers and for the purposes specified, which amount shall be available for the state fiscal year beginning April 1, 2013. GENERAL STATE CHARGES STATE OPERATIONS GENERAL STATE CHARGES ........................................ 6,000,000 General Fund State Purposes Account For the state's contribution to the employ- ees' retirement system pension accumu- lation fund and the New York state public employees group life insurance plan, as required by section 25 of the Retirement and Social Security Law, to pay for the purposes of this act ......................... 6,000,000 S 3. This act shall take effect immediately. FISCAL NOTE.--Pursuant to Legislative Law, Section 50:

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