This bill has been amended

Bill S4923-2013

Amends the dates of certain armed conflicts to reflect the dates for such conflicts established by the federal government

Amends the dates of certain armed conflicts to reflect the dates for such conflicts established by the federal government and provides that future dates of armed conflicts shall be consistent with the federal dates thereof.

Details

Actions

  • May 1, 2013: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS

Memo

BILL NUMBER:S4923

TITLE OF BILL: An act to amend the education law, the retirement and social security law, the civil service law, the social services law and the public officers law, in relation to the dates of certain periods of war

PURPOSE: The purpose of this bill is to amend the dates of certain armed conflict to reflect the dates for such conflicts established by the federal government.

SUMMARY OF PROVISIONS: Section 1: Amends Education Law section 669 to change the date of participation in operations in Lebanon from June1983 to August 21, 3992 In addition, changes the time period in subdivision (d) from December 21st to February 28th. Subdivision (e) is re-worded from two to second,

Section 2: Amends subdivision 1 of section 668-c of the education law, to change the date of which this section considers a "Vietnam veteran" from the twenty-second of December to the twenty-eighth of February.

Section 3: Amends paragraph (a) of subdivision 2 of section 1000 of the retirement and social security law, to change the date of 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 twenty-first day of August, nineteen hundred eighty-two.

Section 4: Amends subparagraph 5 of paragraph (c) of subdivision 2 of section 85 of the civil service law, to change the date of 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 twenty-first day of August, nineteen hundred eighty-two.

Section 5: Amends subdivision 1 of section 168 of the social services law, to change the date for participation in operations in Lebanon from June first, nineteen hundred eighty-three to August twenty-first, nineteen hundred eighty-two.

Section 6: Amends Section 63 of the public officers law, to change the date for participation in operations in Lebanon from June first, nineteen hundred eighty-three to August twenty-first, nineteen hundred eighty two.

JUSTIFICATION: Discrepancies in official dates of conflict for various military operations is a source of administrative confusion on both the state and federal level. Irregularities in official dates of conflict make it particularly difficult for veterans or relatives of veterans applying for state and/or federal benefits and/or military service credits. Complications can arise if under the State an individual is considered a veteran of a particular conflict while on the federal level the individual in question is not or vice versa. This bill aims to eliminate this discrepancy and any subsequent complications that may arise.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS:

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 4923 2013-2014 Regular Sessions IN SENATE May 1, 2013 ___________
Introduced by Sen. LIBOUS -- 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 education law, the retirement and social security law, the civil service law, the social services law and the public officers law, in relation to the dates of certain periods of war THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 668 of the education law, as amended by chapter 580 of the laws of 1992, paragraphs (a) and (d) as amended by chapter 261 of the laws of 1995, paragraph (b) as amended by chapter 616 of the laws of 1995, paragraphs (f) and (g) as added by chapter 435 of the laws of 2006, is amended to read as follows: 1. Period of military service. For a student to be eligible, the parent, or step-parent where the student is the dependent of the step- parent, (i) must have been a recipient of the armed forces expeditionary medal, the navy expeditionary medal or the marine corps expeditionary medal for participation in operations in Lebanon from [June first] AUGUST TWENTY-FIRST, nineteen hundred [eighty-three] EIGHTY-TWO to December first, nineteen hundred eighty-seven, in Grenada from October twenty-third, nineteen hundred eighty-three to November twenty-first, nineteen hundred eighty-three, or in Panama from December twentieth, nineteen hundred eighty-nine to January thirty-first, nineteen hundred ninety, or (ii) must have served on regular active duty (other than for training) in the armed forces of the United States during part of one of the following periods: (a) April sixth, nineteen hundred seventeen to November eleven, nine- teen hundred eighteen. (b) December seven, nineteen hundred forty-one to December thirty-one, nineteen hundred forty-six, or have been employed by the War Shipping Administration or Office of Defense Transportation or their agents as a
merchant seaman documented by the United States Coast Guard or Depart- ment of Commerce, or as a civil servant employed by the United States Army Transport Service (later redesignated as the United States Army Transportation Corps, Water Division) or the Naval Transportation Service; and who served satisfactorily as a crew member during the peri- od of armed conflict, December seventh, nineteen hundred forty-one, to August fifteenth, nineteen hundred forty-five, aboard merchant vessels in oceangoing, i.e., foreign, intercoastal, or coastwise service as such terms are defined under federal law (46 USCA 10301 & 10501) and further to include "near foreign" voyages between the United States and Canada, Mexico, or the West Indies via ocean routes, or public vessels in ocean- going service or foreign waters and who has received a Certificate of Release or Discharge from Active Duty and a discharge certificate, or an Honorable Service Certificate/Report of Casualty, from the Department of Defense or have served as a United States civilian employed by the Amer- ican Field Service and served overseas under United States Armies and United States Army Groups in world war II during the period of armed conflict, December seventh, nineteen hundred forty-one through May eighth, nineteen hundred forty-five, and who was discharged or released therefrom under honorable conditions, or have served as a United States civilian Flight Crew and Aviation Ground Support Employee of Pan Ameri- can World Airways or one of its subsidiaries or its affiliates and served overseas as a result of Pan American's contract with Air Trans- port Command or Naval Air Transport Service during the period of armed conflict, December fourteenth, nineteen hundred forty-one through August fourteenth, nineteen hundred forty-five, and who was discharged or released therefrom under honorable conditions. (c) June twenty-seven, nineteen hundred fifty to January thirty-one, nineteen hundred fifty-five. (d) [December twenty-second] FEBRUARY TWENTY-EIGHTH, nineteen hundred sixty-one to May seventh, nineteen hundred seventy-five. (e) August [two] SECOND, nineteen hundred ninety to the end of hostil- ities in the Persian Gulf conflict. (f) From September eighteenth, two thousand one until the end of the United States military efforts in Afghanistan. (g) From October sixteenth, two thousand two until the end of the United States military efforts in Iraq. S 2. Subdivision 1 of section 668-c of the education law, as added by chapter 474 of the laws of 2000, is amended to read as follows: 1. Eligible students. Awards shall be made to Vietnam veterans' resi- dent children born with Spina Bifida enrolled in approved undergraduate or graduate programs at degree granting institutions. For the purpose of this section, "Vietnam veteran" shall mean a person who served in Indo- china at any time from the [twenty-second] TWENTY-EIGHTH day of [Decem- ber] FEBRUARY, nineteen hundred sixty-one, to and including the seventh day of May, nineteen hundred seventy-five and was honorably discharged from the armed forces of the United States; "born with Spina Bifida" shall mean a diagnosis at birth of such disease inclusive of all forms, manifestations, complications and associated medical conditions thereof, but shall not include Spina Bifida Occulta. Such diagnosis shall be in accordance with the provisions of the federal Spina Bifida program and shall be documented by the United States Administration of Veterans' Affairs. S 3. Paragraph (a) of 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:
(a) hostilities participated in by the military forces of the United States in Lebanon, from the [first] TWENTY-FIRST day of [June] AUGUST, nineteen hundred [eighty-three] EIGHTY-TWO 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; S 4. Subparagraph 5 of paragraph (c) of subdivision 1 of section 85 of the civil service law, as added by chapter 467 of the laws of 1991, is amended to read as follows: (5) Hostilities participated in by the military forces of the United States in Lebanon, from the [first] TWENTY-FIRST day of [June] AUGUST, nineteen hundred [eighty-three] EIGHTY-TWO 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. S 5. Subdivision 1 of section 168 of the social services law, as amended by chapter 467 of the laws of 1991, is amended to read as follows: 1. Veteran means a person, male or female, who has served in the armed forces of the United States in time of war, or who was a recipient of the armed forces expeditionary medal, navy expeditionary medal or marine corps expeditionary medal for participation in operations in Lebanon from [June first, nineteen hundred eighty-three] AUGUST TWENTY-FIRST, NINETEEN HUNDRED EIGHTY-TWO to December first, nineteen hundred eighty- seven, in Grenada from October twenty-third, nineteen hundred eighty- three to November twenty-first, nineteen hundred eighty-three, or in Panama from December twentieth, nineteen hundred eighty-nine to January thirty-first, nineteen hundred ninety, and who has been honorably discharged or released under honorable circumstances from such service or furloughed to the reserve. S 6. Section 63 of the public officers law, as amended by chapter 179 of the laws of 2006, is amended to read as follows: S 63. Leave of absence for veterans on Memorial day and Veterans' day. It shall be the duty of the head of every public department and of every court of the state of New York, of every superintendent or foreman on the public works of said state, of the county officers of the several counties of said state, of the town officers of the various towns in this state, of the fire district officers of the various fire districts in this state, and of the head of every department, bureau and office in the government of the various cities and villages in this state, and the officers of any public benefit corporation or any public authority of this state, or of any public benefit corporation or public authority of any county or subdivision of this state, to give leave of absence with pay for twenty-four hours on the day prescribed by law as a public holi- day for the observance of Memorial day and on the eleventh day of Novem- ber, known as Veterans' day, to every person in the service of the state, the county, the town, the fire district, the city or village, the public benefit corporation or public authority of this state, or any public benefit corporation or public authority of any county or subdivi- sion of this state, as the case may be, (i) who served on active duty in the armed forces of the United States during world war I or world war II, or who was employed by the War Shipping Administration or Office of Defense Transportation or their agents as a merchant seaman documented by the United States Coast Guard or Department of Commerce, or as a civil servant employed by the United States Army Transport Service (later redesignated as the United States Army Transportation Corps,
Water Division) or the Naval Transportation Service; and who served satisfactorily as a crew member during the period of armed conflict, December seventh, nineteen hundred forty-one, to August fifteenth, nine- teen hundred forty-five, aboard merchant vessels in oceangoing, i.e., foreign, intercoastal, or coastwise service as such terms are defined under federal law (46 USCA 10301 & 10501) and further to include "near foreign" voyages between the United States and Canada, Mexico, or the West Indies via ocean routes, or public vessels in oceangoing service or foreign waters and who has received a Certificate of Release or Discharge from Active Duty and a discharge certificate, or an Honorable Service Certificate/Report of Casualty, from the Department of Defense, or who served as a United States civilian employed by the American Field Service and served overseas under United States Armies and United States Army Groups in world war II during the period of armed conflict, Decem- ber seventh, nineteen hundred forty-one through May eighth, nineteen hundred forty-five, and who was discharged or released therefrom under honorable conditions, or who served as a United States civilian Flight Crew and Aviation Ground Support Employee of Pan American World Airways or one of its subsidiaries or its affiliates and served overseas as a result of Pan American's contract with Air Transport Command or Naval Air Transport Service during the period of armed conflict, December fourteenth, nineteen hundred forty-one through August fourteenth, nine- teen hundred forty-five, and who was discharged or released therefrom under honorable conditions, or during the period of the Korean conflict at any time between the dates of June twenty-seventh, nineteen hundred fifty and January thirty-first, nineteen hundred fifty-five, or during the period of the Vietnam conflict from the twenty-eighth day of Febru- ary, nineteen hundred sixty-one to the seventh day of May, nineteen hundred seventy-five, or (ii) who served on active duty in the armed forces of the United States and who was a recipient of the armed forces expeditionary medal, navy expeditionary medal or marine corps expedi- tionary medal for participation in operations in Lebanon from [June first, nineteen hundred eighty-three] AUGUST TWENTY-FIRST, NINETEEN HUNDRED EIGHTY-TWO to December first, nineteen hundred eighty-seven, in Grenada from October twenty-third, nineteen hundred eighty-three to November twenty-first, nineteen hundred eighty-three, or in Panama from December twentieth, nineteen hundred eighty-nine to January thirty- first, nineteen hundred ninety, or (iii) who served in the armed forces of a foreign country allied with the United States during world war I or world war II, or during the period of the Korean conflict at any time between June twenty-seventh, nineteen hundred fifty and January thirty- first, nineteen hundred fifty-five, or during the period of the Vietnam conflict from the twenty-eighth day of February, nineteen hundred sixty-one to the seventh day of May, nineteen hundred seventy-five, or during the period of the Persian Gulf conflict from the second day of August, nineteen hundred ninety to the end of such conflict, or who served on active duty in the army or navy or marine corps or air force or coast guard of the United States, and who was honorably discharged or separated from such service under honorable conditions, except where such action would endanger the public safety or the safety or health of persons cared for by the state, in which event such persons shall be entitled to leave of absence with pay on another day in lieu thereof. All such persons who are compensated on a per diem, hourly, semi-monthly or monthly basis, with or without maintenance, shall also be entitled to leave of absence with pay under the provisions of this section and no deduction in vacation allowance or budgetary allowable number of working
days shall be made in lieu thereof. A refusal to give such leave of absence to one entitled thereto shall be neglect of duty. S 7. This act shall take effect immediately. FISCAL NOTE.--This bill would extend the benefits of Chapter 548 of the Laws of 2000 to members of public retirement systems in New York State who rendered military service during the period of conflict in Lebanon from 8/20/82-12/1/87. Currently, the period is defined to be 6/1/83-12/1/87. Affected members may purchase up to a maximum of three years of 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 compen- sation 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 Cost: These costs would be shared by the State of New York and the participating employers in the PFRS. Summary of relevant resources: Data: March 31, 2012 Actuarial Year End File with distributions of membership and other statistics displayed in the 2012 Report of the Actuary and 2012 Comprehensive Annual Financial Report. Assumptions and Methods: 2010, 2011 and 2012 Annual Report to the Comptroller on Actuarial Assumptions, Codes Rules and Regulations of the State of New York: Audit and Control. Market Assets and GASB Disclosures: March 31, 2012 New York State and Local Retirement System Financial Statements and Supplementary Informa- tion. Valuations of Benefit Liabilities and Actuarial Assets: summarized in the 2012 Actuarial Valuations report. I am a member of the American Academy of Actuaries and meet the Quali- fication Standards to render the actuarial opinion contained herein. This estimate, dated February 12, 2013 and intended for use only during the 2013 Legislative Session, is Fiscal Note No. 2013-81, prepared by the Actuary for the New York State and Local Employees' Retirement System and the New York State and Local Police and Fire Retirement System.

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