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

                                  8716

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 4, 2009
                               ___________

Introduced by M. of A. BALL, SCOZZAFAVA, BURLING, CONTE, TOWNSEND, McDO-
  NOUGH,  GIGLIO, RAIA, WALKER -- Multi-Sponsored by -- M. of A. CROUCH,
  FINCH, MOLINARO, O'MARA -- read once and referred to the Committee  on
  Veterans' Affairs

AN  ACT  to  amend  the  military  law, in relation to providing for the
  "atomic veterans medal" to be granted to certain veterans  exposed  to
  ionizing  radiation  as a result of atomic weapons tests; to amend the
  civil service law, the education law, the military law, the retirement
  and social security law and the real property tax law, in relation  to
  atomic  veterans;  and  to  amend  the  executive  law, in relation to
  directing the division of veterans' affairs to provide  assistance  to
  atomic veterans and their spouses

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "atomic veterans act of 2009".
  S 2. Subdivisions 1-a and 4 of section 247 of the military law, subdi-
vision  1-a  as added and subdivision 4 as amended by chapter 184 of the
laws of 1998, are amended and a new subdivision 1-b is added to read  as
follows:
  1-a.  The  governor is hereby authorized to present in the name of the
legislature of the state of New York, a military decoration, to be known
as the "conspicuous  service  star",  bearing  a  suitable  inscription,
device,  and  ribbon,  all  of which shall be of suitable design, to any
person (i) who is a citizen of the state of New York or (ii) who  was  a
citizen  of  the  state of New York while serving in the armed forces of
the United States, and who, while serving in  the  United  States  Armed
Forces,  defined as army, air force, navy, marine corps, or coast guard,
has, or shall have received a United States unit level decoration denot-
ing combat participation and foreign unit awards, issued from a company,
regimental, brigade, or division commander, or equivalent naval unit, or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11888-04-9
              

A. 8716                             2

issued by the President of the United States, the Congress of the United
States, the United States Defense Department  or  the  joint  chiefs  of
staff,  such  as,  but not limited to, a presidential unit citation or a
joint meritorious unit award. Not more than one conspicuous service star
shall  be issued to any one person; nor shall any citation be awarded or
presented, under the provisions of this subdivision, to any person whose
entire service subsequent to the time of the receipt of such star  shall
not  have  been  honorable. For each succeeding star as provided herein,
such person shall be entitled to wear, as the [chief of staff]  ADJUTANT
GENERAL  of  the state may direct, a ribbon whose color and design shall
be selected by the division of [miliary] MILITARY AND NAVAL affairs.  In
the event of the death of any person during or subsequent to the receipt
of such citation the conspicuous service star shall be presented to such
representative of the deceased as  may  be  designated.  The  [chief  of
staff]  ADJUTANT GENERAL shall make such rules and regulations as may be
deemed necessary for the proper presentation and  distribution  of  such
decorations.
  1-B.  THE  GOVERNOR IS HEREBY AUTHORIZED TO PRESENT IN THE NAME OF THE
LEGISLATURE OF THE STATE OF NEW YORK, A MILITARY DECORATION, TO BE KNOWN
AS THE "ATOMIC VETERANS MEDAL", BEARING A SUITABLE  INSCRIPTION,  DEVICE
AND  RIBBON, ALL OF WHICH SHALL BE OF SUITABLE DESIGN, TO ANY PERSON (I)
WHO IS A CITIZEN OF THE STATE OF NEW YORK OR (II) WHO WAS A  CITIZEN  OF
THE  STATE  OF  NEW YORK WHILE SERVING IN THE ARMED FORCES OF THE UNITED
STATES OR THE ORGANIZED MILITIA, AND WHO, WHILE SERVING  IN  THE  UNITED
STATES  ARMED FORCES, DEFINED AS THE ARMY, AIR FORCE, NAVY, MARINE CORPS
OR COAST GUARD, OR THE ORGANIZED MILITIA WHO  WAS  EXPOSED  TO  IONIZING
RADIATION  AS  A  RESULT OF ATOMIC WEAPONS TESTS CONDUCTED BY THE UNITED
STATES  BETWEEN  NINETEEN  HUNDRED  FORTY-FIVE  AND   NINETEEN   HUNDRED
SIXTY-THREE.  NOT MORE THAN ONE ATOMIC VETERANS MEDAL SHALL BE ISSUED TO
ANY ONE PERSON; NOR SHALL ANY CITATION BE AWARDED  OR  PRESENTED,  UNDER
THE  PROVISIONS  OF THIS SUBDIVISION, TO ANY PERSON WHOSE ENTIRE SERVICE
SUBSEQUENT TO THE TIME OF THE RECEIPT OF SUCH MEDAL SHALL NOT HAVE  BEEN
HONORABLE.  FOR  EACH  SUCCEEDING  MEDAL  PRESENTED  AS PROVIDED IN THIS
SUBDIVISION, SUCH PERSON SHALL BE ENTITLED  TO  WEAR,  AS  THE  ADJUTANT
GENERAL  OF  THE STATE MAY DIRECT, A RIBBON WHOSE COLOR AND DESIGN SHALL
BE SELECTED BY THE DIVISION OF MILITARY AND NAVAL AFFAIRS. IN THE  EVENT
OF  THE  DEATH OF ANY PERSON DURING OR SUBSEQUENT TO THE RECEIPT OF SUCH
CITATION THE ATOMIC VETERANS MEDAL SHALL BE PRESENTED TO SUCH  REPRESEN-
TATIVE  OF THE DECEASED AS MAY BE DESIGNATED. THE ADJUTANT GENERAL SHALL
MAKE SUCH RULES AND REGULATIONS AS MAY BE DEEMED NECESSARY FOR THE PROP-
ER PRESENTATION AND DISTRIBUTION OF SUCH DECORATIONS.
  4. This section shall not be construed to require that a recipient  of
the  conspicuous service cross [or], the conspicuous service star OR THE
ATOMIC VETERANS MEDAL has been a resident of the state of  New  York  at
the  time  of  his  or her entry into the United States army, air force,
navy, marine corps, COAST GUARD or nurses corps.
  S 3. Paragraph (b) of subdivision 1 of section 85 of the civil service
law is amended by adding a new subparagraph 4 to read as follows:
  (4) A VETERAN WHO SERVED IN THE ARMED FORCES OF THE UNITED STATES  WHO
WAS  EXPOSED  DURING THE COURSE OF SUCH SERVICE TO IONIZING RADIATION AS
THE RESULT OF ATOMIC  WEAPONS  TESTS  CONDUCTED  BY  THE  UNITED  STATES
BETWEEN  NINETEEN  HUNDRED  FORTY-FIVE AND NINETEEN HUNDRED SIXTY-THREE,
AND WHO IS CERTIFIED, AS HEREINBEFORE PROVIDED,  BY  THE  UNITED  STATES
VETERANS'  ADMINISTRATION  AS  RECEIVING  DISABILITY  PAYMENTS  UPON THE
CERTIFICATION OF SUCH VETERANS' ADMINISTRATION FOR A DISABILITY INCURRED
BY HIM OR HER IN SUCH SERVICE.

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  S 4. Paragraph (c) of subdivision 1 of section 85 of the civil service
law is amended by adding a new subparagraph 9 to read as follows:
  (9) SERVICE IN THE MILITARY FORCES OF THE UNITED STATES WHICH ENTAILED
EXPOSURE  TO  IONIZING  RADIATION  AS THE RESULT OF ATOMIC WEAPONS TESTS
CONDUCTED BY THE UNITED STATES BETWEEN NINETEEN HUNDRED  FORTY-FIVE  AND
NINETEEN HUNDRED SIXTY-THREE.
  S  5.  The  opening  paragraph  of subdivision 6 of section 503 of the
education law, as amended by chapter 616 of the laws of 1995, is amended
to read as follows:
  Credit for service in war after world war I, which shall mean military
service during the period commencing the first  day  of  July,  nineteen
hundred  forty,  and  terminating  the  thirtieth  day of June, nineteen
hundred forty-seven, or during the period commencing the  twenty-seventh
day  of  June,  nineteen hundred fifty, and terminating the thirty-first
day of January, nineteen hundred fifty-five, or during both  such  peri-
ods, as a member of the armed forces of the United States, of any person
who  has  been  honorably discharged or released under honorable circum-
stances from such service, or service by one 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 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 who served as a United States civilian employed by the Ameri-
can 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 who 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,  OR  WHO  SERVED  IN  THE
ARMED  FORCES  OF  THE  UNITED  STATES  AND  WHO DURING SUCH SERVICE WAS
EXPOSED TO IONIZING RADIATION AS THE  RESULT  OF  ATOMIC  WEAPONS  TESTS
CONDUCTED  BY  THE UNITED STATES BETWEEN NINETEEN HUNDRED FORTY-FIVE AND
NINETEEN HUNDRED SIXTY-THREE, and  who  was  a  teacher  in  the  public
schools  of this state at the time of his entrance into the armed forces
of the United States, provided no compensation was  received  under  the
provisions of section two hundred forty-two of the military law, and who
returned  to public school teaching following discharge or completion of
advanced education provided under servicemen's readjustment act of nine-
teen hundred forty-four, or who  following  such  discharge  or  release

A. 8716                             4

entered  into  a  service  which  would  qualify him pursuant to section
forty-three of the retirement and social security law  to  transfer  his
membership  in  the New York state teachers' retirement system, shall be
provided  as  follows, any provisions of section two hundred forty-three
of the military law to the contrary notwithstanding.
  S 6. Paragraph (b) of subdivision 1 of section  243  of  the  military
law,  as  amended by chapter 248 of the laws of 2001, is amended to read
as follows:
  (b) The term "military duty" shall mean military service in the  mili-
tary,  naval, aviation or marine service of the United States subsequent
to July first, nineteen hundred forty, or service  under  the  selective
training  and  service  act  of  nineteen hundred forty, or the national
guard and reserve officers mobilization act of nineteen  hundred  forty,
or any other act of congress supplementary or amendatory thereto, or any
similar  act  of congress hereafter enacted and irrespective of the fact
that such service was entered  upon  following  a  voluntary  enlistment
therefor or was required under one of the foregoing acts of congress, or
service  with  the United States public health service as a commissioned
officer, or service with the American Red Cross  while  with  the  armed
forces  of  the  United  States  on foreign service, or service with the
special services section of the armed forces of  the  United  States  on
foreign  service,  or service in the merchant marine which shall consist
of service as an officer or member of the crew on or in connection  with
a  vessel  documented  under  the  laws of the United States or a vessel
owned by, chartered to, or operated by or for the account or use of  the
government  of  the United States, or service by one 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 Transpor-
tation Service; and who served satisfactorily as a  crew  member  during
the  period 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 oceangoing service or foreign waters and who has received  a  Certif-
icate  of  Release or Discharge from Active Duty and a discharge certif-
icate, 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, December 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  affil-
iates  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, nineteen  hundred  forty-five,  and  who  was
discharged  or released therefrom under honorable conditions; or service
in police duty on behalf of the United States government  in  a  foreign
country,  if such person is a police officer, as defined by section 1.20

A. 8716                             5

of the criminal procedure law, and if such police officer  obtained  the
prior consent of his or her public employer to absent himself or herself
from  his  or her position to engage in the performance of such service;
or  as  an enrollee in the United States maritime service on active duty
and, to such extent as may be prescribed by or under  the  laws  of  the
United  States,  any  period awaiting assignment to such service and any
period of education or training for such service in any school or insti-
tution under the jurisdiction of the United States  government;  OR  WHO
SERVED  IN  THE  ARMED  FORCES  OF THE UNITED STATES AND WHO DURING SUCH
SERVICE WAS EXPOSED TO IONIZING RADIATION AS THE RESULT OF ATOMIC  WEAP-
ONS  TESTS  CONDUCTED  BY  THE  UNITED  STATES  BETWEEN NINETEEN HUNDRED
FORTY-FIVE AND NINETEEN  HUNDRED  SIXTY-THREE,  but  shall  not  include
temporary and intermittent gratuitous service in any reserve or auxilia-
ry  force.  It  shall  include time spent in reporting for and returning
from military duty and shall be  deemed  to  commence  when  the  public
employee  leaves  his  position  and to end when he is reinstated to his
position, provided such reinstatement is within ninety  days  after  the
termination  of  military duty, as hereinafter defined.  Notwithstanding
the foregoing provisions of this paragraph,  the  term  "military  duty"
shall not include any of the foregoing services entered upon voluntarily
on  or after January first, nineteen hundred forty-seven and before June
twenty-fifth, nineteen hundred fifty; and, on or after July first, nine-
teen hundred seventy, the term "military duty"  shall  not  include  any
voluntary  service in excess of four years performed after that date, or
the total of any voluntary services, additional or otherwise, in  excess
of four years performed after that date, shall not exceed five years, if
the  service  in  excess  of  four  years  is at the request and for the
convenience of the federal government, except if such voluntary  service
is  performed  during a period of war, or national emergency declared by
the president.
  S 7. The opening paragraph of paragraph 1 of subdivision 31 of section
2 of the retirement and social security law, as amended by  chapter  616
of the laws of 1995, is amended to read as follows:
  Military  service  during  the  period commencing July first, nineteen
hundred forty, and terminating December thirty-first,  nineteen  hundred
forty-six,  as  a  member  of  the armed forces of the United States, or
service by one 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, 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  service  by  one  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, December seventh, nineteen  hundred  forty-one

A. 8716                             6

through  May eighth, nineteen hundred forty-five, and who was discharged
or released therefrom under honorable conditions, or service by one  who
served  as  a  United  States  civilian  Flight Crew and Aviation Ground
Support  Employee  of  Pan  American World Airways or one of its subsid-
iaries or its affiliates and served overseas as a result of  Pan  Ameri-
can'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,  nineteen  hundred  forty-
five,  and  who  was  discharged  or  released therefrom under honorable
conditions, OR WHO SERVED IN THE ARMED FORCES OF THE UNITED  STATES  AND
WHO  DURING SUCH SERVICE WAS EXPOSED TO IONIZING RADIATION AS THE RESULT
OF THE ATOMIC WEAPONS TESTS CONDUCTED BY THE UNITED STATES BETWEEN NINE-
TEEN HUNDRED FORTY-FIVE AND NINETEEN  HUNDRED  SIXTY-THREE,  or  of  any
person who:
  S 8. The opening paragraph of paragraph 1 of subdivision 31 of section
302 of the retirement and social security law, as amended by chapter 616
of the laws of 1995, is amended to read as follows:
  Military  service  during  the  period commencing July first, nineteen
hundred forty, and terminating December thirty-first,  nineteen  hundred
forty-six,  as  a  member  of  the armed forces of the United States, or
service by one 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, 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  service  by  one  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, December seventh, nineteen  hundred  forty-one
through  May eighth, nineteen hundred forty-five, and who was discharged
or released therefrom under honorable conditions, or service by one  who
served  as  a  United  States  civilian  Flight Crew and Aviation Ground
Support Employee of Pan American World Airways or  one  of  its  subsid-
iaries  or  its affiliates and served overseas as a result of Pan Ameri-
can'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, nineteen hundred forty-
five, and who was  discharged  or  released  therefrom  under  honorable
conditions,  OR  WHO SERVED IN THE ARMED FORCES OF THE UNITED STATES AND
WHO DURING SUCH SERVICE WAS EXPOSED TO IONIZING RADIATION AS THE  RESULT
OF THE ATOMIC WEAPONS TESTS CONDUCTED BY THE UNITED STATES BETWEEN NINE-
TEEN  HUNDRED  FORTY-FIVE  AND  NINETEEN  HUNDRED SIXTY-THREE, or of any
person who:
  S 9. Paragraphs (c) and (d) of subdivision 2 of section  1000  of  the
retirement  and social security law, as added by chapter 548 of the laws

A. 8716                             7

of 2000, are amended and a  new  paragraph  (e)  is  added  to  read  as
follows:
  (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[.]; OR
  (E)  SERVICE  IN  THE ARMED FORCES OF THE UNITED STATES AND WHO DURING
SUCH SERVICE WAS EXPOSED TO IONIZING RADIATION AS THE RESULT  OF  ATOMIC
WEAPONS  TESTS  CONDUCTED  BY THE UNITED STATES BETWEEN NINETEEN HUNDRED
FORTY-FIVE AND NINETEEN HUNDRED SIXTY-THREE.
  S 10. Subdivision 4-a of section 458 of the real property tax law,  as
amended  by  chapter  616  of  the  laws  of 1995, is amended to read as
follows:
  4-a. For the purposes of this section, the  term  "military  or  naval
services"  shall  be deemed to also include service: (a) by a person 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 serv-
ant employed by the United States Army Transport Service (later redesig-
nated 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, nine-
teen  hundred  forty-one,  to  August fifteenth, nineteen hundred forty-
five, aboard merchant  vessels  in  oceangoing,  i.e.,  foreign,  inter-
coastal,  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;  (b)
service  by  a  United  States  civilian  employed by the American Field
Service who 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]  (c)  service  by  a United States civilian
Flight Crew and Aviation Ground Support Employee of Pan  American  World
Airways or one of its subsidiaries or its affiliates who 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,  Decem-
ber  fourteenth,  nineteen  hundred forty-one through August fourteenth,
nineteen hundred forty-five, and who was discharged or  released  there-
from  under  honorable conditions; OR (D) SERVICE IN THE ARMED FORCES OF
THE UNITED STATES WHICH ENTAILED, AS PART OF SUCH SERVICE,  EXPOSURE  TO
IONIZING  RADIATION  AS THE RESULT OF THE ATOMIC WEAPONS TESTS CONDUCTED
BY THE UNITED STATES BETWEEN NINETEEN HUNDRED  FORTY-FIVE  AND  NINETEEN
HUNDRED SIXTY-THREE.

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  S  11.  Paragraph  (e)  of  subdivision 1 of section 458-a of the real
property tax law, as amended by chapter 384 of  the  laws  of  2008,  is
amended to read as follows:
  (e)  "Veteran"  means  a person (i) who served in the active military,
naval, or air service during a period of war, or who was a recipient  of
the  armed  forces expeditionary medal, navy expeditionary medal, marine
corps expeditionary medal, or  global  war  on  terrorism  expeditionary
medal,  and  who  was  discharged  or released therefrom under honorable
conditions, (ii) 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, 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,  (iii)  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,  December  seventh,  nineteen  hundred  forty-one  through May
eighth, nineteen hundred forty-five, and who was discharged or  released
therefrom under honorable conditions, (iv) who 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, [or] (v)  notwithstanding
any  other  provision  of  law  to  the contrary, who are members of the
reserve components of the armed forces of the United States who received
an honorable discharge or release therefrom under honorable  conditions,
but  are  still members of the reserve components of the armed forces of
the United States provided that such members meet all  other  qualifica-
tions  under  the  provisions of this section, OR (VI) WHO SERVED IN THE
ARMED FORCES OF THE UNITED  STATES  AND  WHO  DURING  SUCH  SERVICE  WAS
EXPOSED  TO  IONIZING  RADIATION  AS  THE RESULT OF ATOMIC WEAPONS TESTS
CONDUCTED BY THE UNITED STATES BETWEEN NINETEEN HUNDRED  FORTY-FIVE  AND
NINETEEN HUNDRED SIXTY-THREE.
  S  12.  Section  353  of  the executive law is amended by adding a new
subdivision 20 to read as follows:
  20. (A) TO IDENTIFY ALL RESIDENTS OF THIS  STATE  WHO  SERVED  IN  THE
ARMED  FORCES OF THE UNITED STATES AND WHO WHILE ENGAGED IN SUCH SERVICE
WERE EXPOSED TO IONIZING RADIATION AS THE RESULT OF ATOMIC WEAPONS TESTS
BY THE UNITED STATES BETWEEN NINETEEN HUNDRED  FORTY-FIVE  AND  NINETEEN
HUNDRED SIXTY-THREE, AND THE SURVIVING SPOUSES OF ANY SUCH VETERAN.
  (B)  TO  ADVISE SUCH RESIDENT OR SURVIVING SPOUSE OF THE PROVISIONS OF
THE FEDERAL RADIATION EXPOSURE COMPENSATION ACT AND THEIR RIGHT TO  FILE

A. 8716                             9

A CLAIM THEREUNDER, AND TO PROVIDE SUCH ASSISTANCE AS SHALL BE NECESSARY
FOR THE FILING OF SUCH A CLAIM.
  S 13. This act shall take effect immediately.
  FISCAL  NOTE.--This bill would establish the atomic veterans medal for
members of the armed forces or organized  militia  exposed  to  ionizing
radiation  as  a  result of atomic weapons tests conducted by the United
States between 1945 and 1963.
  Insofar as this affects  the  New  York  State  and  Local  Employees'
Retirement  System  and  the  New  York  State and Local Police and Fire
Retirement System, this bill would provide up to 4 additional  years  of
service  credit  at  no  charge  to  current members who were members of
either system prior to leaving for war and returned to employment within
one year of leaving the military. In all likelihood, there would be few,
if any, that would be affected by this legislation.
  If this bill is enacted, insofar as this proposal affects the New York
State and Local Employees' Retirement System, there would  be  an  esti-
mated  past  service cost which would exceed 10 percent of each member's
salary for each year of additional service credit that granted.
  Insofar as this proposal affects the New York State and  Local  Police
and Fire Retirement System, the cost per person would vary greatly. If a
member  is  granted   this additional service credit to enable immediate
retirement, the cost would exceed 30% of the member's  salary  for  each
year  of  additional  service  credit. For a member on a retirement plan
which is capped after reaching a certain  number  of  years  of  service
credit, there would be no benefit from this additional service credit if
they will or already have reached the cap without this service credit.
  This estimate, dated June 1, 2009 and intended for use only during the
2009  Legislative  Session, is Fiscal Note No. 2009-257, 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.