senate Bill S4512

Amended

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

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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

  • 08 / Apr / 2011
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 04 / Jan / 2012
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 23 / Feb / 2012
    • AMEND AND RECOMMIT TO CIVIL SERVICE AND PENSIONS
  • 23 / Feb / 2012
    • PRINT NUMBER 4512A
  • 29 / Feb / 2012
    • REPORTED AND COMMITTED TO FINANCE
  • 08 / May / 2012
    • 1ST REPORT CAL.729
  • 09 / May / 2012
    • 2ND REPORT CAL.
  • 14 / May / 2012
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2012
    • COMMITTED TO RULES

Summary

Provides credit to members of public retirement systems of the state for military service rendered during periods of military conflict.

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Bill Details

Versions:
S4512
S4512A
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Retirement and Social Security Law
Laws Affected:
Amd ยง1000, R & SS L
Versions Introduced in 2009-2010 Legislative Cycle:
S4314

Votes

11
0
11
Aye
0
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
show Civil Service and Pensions committee vote details

Sponsor Memo

BILL NUMBER:S4512

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 rendered during periods of military conflict

PURPOSE:
This legislation would extend the military service credit as provided
for in Chapter 548 of the Laws of 2000, to all veterans who served in
Lebanon, Grenada and/or Panama, regardless of the award of an
expeditionary medal during those conflicts. This measure also extends
these provisions to all retired members.

SUMMARY OF PROVISIONS:
Section one of this measure amends paragraphs (a), (b) and (c) of
subdivision 2 and subdivision 6 of Section 1000 of the Retirement and
social Security Law, as added by Chapter 548 of the Laws of 2000.

JUSTIFICATION:
Chapter 548 of the Laws of 2000 was enacted to provide military
service credit to certain members and retired members of New York
State's public retirement systems. In the chapter however, there were
certain restrictions which limited its applicability--veterans who
served during the Lebanon, Grenada and/or Panama hostilities could
only benefit from this credit if they had been awarded an
expeditionary medal and members who had retired before December 21,
1998 could not believe this credit at all.

Chapter 548 was also meant to benefit veterans of World War II, Korea,
Vietnam. However, because of the limitation only applying to members
who had retired on or after December 21, 1998, the majority of
veterans who served during these earlier periods are ineligible to
receive this military service credit.

This legislation would correct the shortcomings of Chapter 548 of the
Laws of 2000. All veterans, no matter where they served during
periods of hostility or when they retired, would be eligible for the
military service pension enhancement.

LEGISLATIVE HISTORY:
S.5923 of 2007/2008
S.4314 of 2009/2010

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  4512

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 8, 2011
                               ___________

Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions

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 rendered during periods of military conflict

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

  Section  1.  Paragraphs (a), (b) and (c) of subdivision 2 and subdivi-
sion 6 of section 1000 of the retirement and  social  security  law,  as
added  by  chapter  548  of  the  laws  of  2000, are amended to read 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  nine-
ty[,  as established by receipt of the armed forces expeditionary medal,
the navy expeditionary medal, or the marine corps expeditionary  medal];
or
  6.  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00786-01-1

S. 4512                             2

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.] ANY RETIRED MEMBERS SEEKING TO
RECEIVE CREDIT FOR MILITARY SERVICE UNDER THIS SECTION MUST MAKE  APPLI-
CATION  FOR  SUCH  CREDIT WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THE
CHAPTER OF THE LAWS OF TWO THOUSAND ELEVEN WHICH AMENDED  THIS  SUBDIVI-
SION.
  S 2. This act shall take effect immediately.

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