S T A T E   O F   N E W   Y O R K
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                                  7234

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 26, 2009
                               ___________

Introduced by M. of A. CUSICK, ORTIZ, COLTON, DelMONTE, MARKEY, MILLMAN,
  PERRY,  PHEFFER, REILLY, SCHROEDER, LANCMAN, GUNTHER, TITONE -- Multi-
  Sponsored by -- M. of A.  ALESSI, BALL, BOYLAND, CAHILL, DIAZ, GABRYS-
  ZAK, GORDON, HIKIND, KOON, V. LOPEZ, LUPARDO, MAISEL, MAYERSOHN, McEN-
  ENY, SCHIMMINGER, TOWNS, WEISENBERG -- read once and referred  to  the
  Committee on Governmental Employees

AN  ACT  to amend the retirement and social security law, in relation to
  providing three years of retirement service credit to certain  members
  of  public  retirement  systems of the state honorably discharged from
  the military for medical  reasons  due  to  injuries  suffered  during
  certain military conflicts

  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  is
amended by adding a new subdivision 2-a to read as follows:
   2-A. A MEMBER, UPON APPLICATION TO SUCH RETIREMENT SYSTEM, MAY OBTAIN
A  TOTAL  OF  THREE YEARS OF SERVICE CREDIT FOR LESS THAN 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
FOR MEDICAL REASONS DUE TO INJURIES SUFFERED DURING SUCH MILITARY  DUTY,
IF  ALL  OR PART OF SUCH SERVICES WAS RENDERED IN THE MILITARY CONFLICTS
REFERENCED BELOW, AS FOLLOWS:
  (A) COMMENCING DECEMBER SEVENTH, NINETEEN HUNDRED FORTY-ONE AND TERMI-
NATING DECEMBER THIRTY-FIRST, NINETEEN HUNDRED FORTY-SIX;
  (B) COMMENCING JUNE TWENTY-SEVENTH, NINETEEN HUNDRED FIFTY AND  TERMI-
NATING JANUARY THIRTY-FIRST, NINETEEN HUNDRED FIFTY-FIVE;
  (C)  COMMENCING FEBRUARY TWENTY-EIGHTH, NINETEEN HUNDRED SIXTY-ONE AND
TERMINATING MAY SEVENTH, NINETEEN HUNDRED SEVENTY-FIVE;
  (D) 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01238-02-9
              

A. 7234                             2

ESTABLISHED BY RECEIPT OF THE ARMED FORCES EXPEDITIONARY MEDAL, THE NAVY
EXPEDITIONARY MEDAL, OR THE MARINE CORPS EXPEDITIONARY MEDAL;
  (E)  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;
  (F) 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
  (G)  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.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after December 21, 1998.
  FISCAL NOTE.--This bill would amend Chapter 548 of the Laws of 2000 to
allow  certain  individuals  with  less than three (3) years of military
duty, who were discharged from the military for medical reasons  due  to
injuries suffered during such military duty, to purchase three (3) years
of  service  credit  for  military  duty.  The additional service credit
granted pursuant to this legislation, when added to credit  granted  for
military service pursuant to any other provision of law shall not exceed
a total of three (3) years. Members must have at least five (5) years of
credited  service  and  would be required to make a payment of three (3)
percent of current compensation per year of additional services  granted
by this bill.
  The  exact number of members who could be affected by this legislation
cannot be readily determined. In all likelihood, very few members  would
be affected.
  Insofar as this bill would affect the New York State and Local Employ-
ees'  Retirement System and the New York State and Local Police and Fire
Retirement System, if it is enacted, there would be  an  immediate  past
service  cost  for  each  affected member. The amount of this cost would
depend on the member's age, current service,  annual  salary,  plan  and
tier  status, as well as on the amount of additional service to be cred-
ited. This cost would be shared by the State of New York and the partic-
ipating employers in the New York State and Local Employees'  Retirement
System  and  the  New  York  State  and Local Police and Fire Retirement
System.
  This estimate, dated March 24, 2009 and intended for use  only  during
the  2009  Legislative Session, is Fiscal Note No. 2009-199, 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.