senate Bill S2519

Extends the end of the period of service during World War II until December 31, 1946

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 24 / Jan / 2011
    • REFERRED TO EDUCATION
  • 04 / Jan / 2012
    • REFERRED TO EDUCATION

Summary

Extends the end of the period of service constituting World War II until December 31, 1946 for purposes of retirement, public service and veterans' real property tax exemptions.

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Bill Details

Versions:
S2519
Legislative Cycle:
2011-2012
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Amd §503, Ed L; amd §243, Mil L; amd §§2 & 302, R & SS L; amd §§458 & 458-a, RPT L
Versions Introduced in 2009-2010 Legislative Cycle:
S1367

Sponsor Memo

BILL NUMBER:S2519

TITLE OF BILL:
An act
to amend the education law, the military law, the retirement and social
security law and the real property tax law, in relation to extending the
date of the end of service in World War II until December 31, 1946

PURPOSE:
To recognize and extend the service period allowed for merchant
marines during World War II until December 31, 1946.

SUMMARY OF PROVISIONS:
Changes the end date for service in World War II as a merchant marine
to December 31, 1946.

EXISTING LAW:
Current law provides that the service dates for merchant marines
starts on December 7, 1941 and ends August 15, 1945.

JUSTIFICATION:
Federal Law recognizes U.S. Merchant Marines who served prior to
December 31, 1946 as World War II veterans. By amending New York law
to include December 31, 1946 as the end date for service in World War
II, state law would mirror federal law and provide full recognition
of the important service that Merchant Marines provided during World
War II.

LEGISLATIVE HISTORY:
2008: S.7772 - Referred to Education
2009-10: S.1367 - Referred to Education

FISCAL IMPLICATIONS:
Minimal.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  2519

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 24, 2011
                               ___________

Introduced  by  Sens.  JOHNSON, DeFRANCISCO, LARKIN, RANZENHOFER -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Education

AN  ACT to amend the education law, the military law, the retirement and
  social security law and the real property  tax  law,  in  relation  to
  extending  the date of the end of service in World War II until Decem-
  ber 31, 1946

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

  Section  1.  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] DECEMBER THIRTY-FIRST, nineteen hundred [forty-five]
FORTY-SIX, aboard merchant vessels in oceangoing, i.e., foreign,  inter-
coastal,  or  coastwise  service as such terms are defined under federal

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07075-01-1

S. 2519                             2

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]  DECEMBER
THIRTY-FIRST,  nineteen  hundred  [forty-five]  FORTY-SIX,  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  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, 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 nineteen hundred forty-
four, or who following such discharge or release entered into a  service
which  would  qualify him pursuant to section forty-three of the retire-
ment 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 2. 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

S. 2519                             3

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]  DECEMBER  THIRTY-FIRST,  nineteen hundred
[forty-five] FORTY-SIX, 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]  DECEMBER
THIRTY-FIRST,  nineteen  hundred  [forty-five]  FORTY-SIX,  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  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  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  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 assign-
ment to such service and any period of education or  training  for  such
service  in  any  school  or  institution  under the jurisdiction of the
United States government, but shall not include temporary and  intermit-
tent  gratuitous  service  in  any  reserve or auxiliary 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  rein-
statement  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,  nineteen  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 3. 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:

S. 2519                             4

  31. "Service in world war II." (1) 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 forc-
es 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 peri-
od of armed conflict, December seventh, nineteen hundred  forty-one,  to
[August  fifteenth] DECEMBER THIRTY-FIRST, nineteen hundred [forty-five]
FORTY-SIX, 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,  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] DECEMBER THIRTY-FIRST, nineteen hundred [forty-five]  FORTY-SIX,
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  subsidiaries  or  its affiliates and served overseas as a result of
Pan American's contract with Air Transport Command or Naval  Air  Trans-
port  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 of any person who:
  a. Has been honorably discharged or released therefrom under honorable
circumstances, and
  b.  Was a resident of this state at the time of his entrance into such
armed forces, or, if not a resident of this state at that time, was then
or thereafter became an employee of a participating employer created  by
and  deriving  its  powers  from an agreement between this state and any
other state and was a resident of such other state at the  time  of  his
entrance into such armed forces, and
  c. Was either a member of the retirement system and an employee of the
state  or  of a participating employer at the time he entered such armed
forces or became such employee and such member while in such armed forc-
es on or before July first, nineteen hundred forty-eight, or became such
employee while in such armed forces and subsequently became such  member
on or before July first, nineteen hundred forty-eight, or was an employ-
ee  of an employer which was not a participating employer at the time he
entered such armed forces but which elected to  become  a  participating
employer while he was absent on military duty, or was an employee of the
state  or  of  a  participating  employer or was a teacher as defined in
article eleven of the education law at the time of his entrance into the
armed forces and became a member of the retirement system subsequent  to
separation or discharge from the armed services, and

S. 2519                             5

  d.  Returned to the employment of the state or a participating employ-
er, within one year following discharge  or  release  or  completion  of
advanced  education  provided under the servicemen's readjustment act of
nineteen hundred forty-four,  certified  on  a  world  war  II  military
service  certificate,  and allowable as provided in section forty-one of
this article. Such service shall not include any  periods  during  which
civil  compensation  was  received by the member under the provisions of
section two hundred forty-two of the military law,  or  section  six  of
chapter six hundred eight of the laws of nineteen hundred fifty-two; or
  (2)  Military  service, not in excess of three years and not otherwise
creditable under paragraph one hereof, rendered on active  duty  in  the
armed  forces  of  the  United  States during the period commencing July
first, nineteen hundred forty, and  terminating  December  thirty-first,
nineteen  hundred  forty-six,  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] DECEMBER THIRTY-FIRST, nineteen hundred [forty-five]
FORTY-SIX, 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,  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] DECEMBER THIRTY-FIRST, nineteen hundred [forty-five]  FORTY-SIX,
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  subsidiaries  or  its affiliates and served overseas as a result of
Pan American's contract with Air Transport Command or Naval  Air  Trans-
port  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, by a person who was a resident of New York state at the time
of entry into such service and at the time of being discharged therefrom
under  honorable  circumstances,  or, if not a resident of this state at
such times was then or thereafter became an employee of a  participating
employer  created  by  and deriving its powers from an agreement between
this state and any other state, and was a resident of such  other  state
at the time of entry into and discharge from such service, and who makes
the  payments  required  by  subdivision  k of section forty-one of this
article.
  However, no military service shall be creditable under this  paragraph
[two]  in the case of a member under an existing plan permitting retire-
ment upon twenty years of creditable service who is receiving a  federal
pension (other than for disability) based upon a minimum of twenty years

S. 2519                             6

of  full  time active military service in the armed forces of the United
States nor shall any military service be creditable in  the  case  of  a
member  under  any other plan who is receiving a military pension (other
than  for  disability)  for  military service in the armed forces of the
United States.
  S 4. Subdivision 31 of section 302 of the retirement and social  secu-
rity  law,  as amended by chapter 616 of the laws of 1995, is amended to
read as follows:
  31. "Service in world war II." (1) 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 forc-
es 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 peri-
od of armed conflict, December seventh, nineteen hundred  forty-one,  to
[August  fifteenth] DECEMBER THIRTY-FIRST, nineteen hundred [forty-five]
FORTY-SIX, 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,  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] DECEMBER THIRTY-FIRST, nineteen hundred [forty-five]  FORTY-SIX,
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  subsidiaries  or  its affiliates and served overseas as a result of
Pan American's contract with Air Transport Command or Naval  Air  Trans-
port  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 of any person who:
  a. Has been honorably discharged or released therefrom under honorable
circumstances, and
  b.  Was a resident of this state at the time of his entrance into such
armed forces, or, if not a resident of this state at that time, was then
or thereafter became an employee of a participating employer created  by
and  deriving  its  powers  from an agreement between this state and any
other state and was a resident of such other state at the  time  of  his
entrance into such armed forces, and
  c.  Was  either  a  member  of the New York state and local employees'
retirement system and an employee of the state  or  of  a  participating
employer  of  such  system  at  the time he entered such armed forces or
became such employee and such member while in such armed  forces  on  or
before July first, nineteen hundred forty-eight, or became such employee
while  in  such  armed  forces and subsequently became such member on or

S. 2519                             7

before July first, nineteen hundred forty-eight, or was an  employee  of
an  employer  which  was  not  a  participating  employer at the time he
entered such armed forces but which elected to  become  a  participating
employer while he was absent on military duty, or was an employee of the
state  or  of  a  participating  employer or was a teacher as defined in
article eleven of the education law at the time of his entrance into the
armed forces and became  a  member  of  the  policemen's  and  firemen's
retirement  system  subsequent to separation or discharge from the armed
services, and
  d. Returned to the employment of the state or a participating  employ-
er,  within  one  year  following  discharge or release or completion of
advanced education provided under the servicemen's readjustment  act  of
nineteen  hundred  forty-four,  certified  on  a  world  war II military
service certificate, and allowable as provided in section  forty-one  of
this  article.  Such  service shall not include any periods during which
civil compensation was received by the member under  the  provisions  of
section  two  hundred  forty-two  of the military law, or section six of
chapter six hundred eight of the laws of nineteen hundred fifty-two; or
  (2) Military service, not in excess of three years and  not  otherwise
creditable  under  paragraph  one hereof, rendered on active duty in the
armed forces of the United States  during  the  period  commencing  July
first,  nineteen  hundred  forty, and terminating December thirty-first,
nineteen hundred forty-six, 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] DECEMBER THIRTY-FIRST, nineteen hundred  [forty-five]
FORTY-SIX,  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, 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]  DECEMBER THIRTY-FIRST, nineteen hundred [forty-five] FORTY-SIX,
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 subsidiaries or its affiliates and served overseas as  a  result  of
Pan  American's  contract with Air Transport Command or Naval Air Trans-
port 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 by a person who was a resident of New York state  at  the
time  of  entry  into  such  service and at the time of being discharged
therefrom under honorable circumstances, or, if not a resident  of  this
state  at  such  times  was  then  or thereafter became an employee of a

S. 2519                             8

participating employer created by and deriving its powers from an agree-
ment between this state and any other state, and was a resident of  such
other  state  at the time of entry into and discharge from such service,
and  who  makes  the payments required by subdivision k of section three
hundred forty-one of this chapter.
  However, no military service shall be creditable under this  paragraph
[two]  in the case of a member under an existing plan permitting retire-
ment upon twenty years of creditable service who is receiving a  federal
pension (other than for disability) based upon a minimum of twenty years
of  military  service in the armed forces of the United States nor shall
such military service be creditable in the case of a  member  under  any
other plan who is receiving a military pension (other than for disabili-
ty) for such service.
  S 5. Paragraph (a) of subdivision 4-a of section 458 of the real prop-
erty  tax law, as amended by chapter 616 of the laws of 1995, is amended
to read as follows:
  (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 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]   DECEMBER   THIRTY-FIRST,   nineteen   hundred  [forty-five]
FORTY-SIX, 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;
  S 6. Subparagraph (ii) of 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:
  (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]
DECEMBER THIRTY-FIRST, nineteen hundred [forty-five]  FORTY-SIX,  aboard
merchant  vessels  in oceangoing, i.e., foreign, intercoastal, or coast-
wise 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,
  S 7. This act shall take effect immediately.

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