S T A T E   O F   N E W   Y O R K
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                                  8668

                          I N  A S S E M B L Y

                            February 3, 2014
                               ___________

Introduced by M. of A. MILLER -- read once and referred to the Committee
  on Governmental Employees

AN  ACT to amend the military law, in relation to enacting the "New York
  city health and hospitals corporation military pay act"

  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 "New York city health and hospitals corporation military pay act".
  S 2. Subdivision 5-a of section 242 of the military law, as  added  by
chapter  238 of the laws of 2008, subparagraph (ii) of paragraph (b) and
the opening paragraph of paragraph (e) as amended by chapter 240 of  the
laws of 2008, is amended to read as follows:
  5-a.  Pay  for employees of a city with a population of one million or
more. This subdivision shall govern the calculation of compensation and,
where applicable, repayment of same by public officers or employees of a
city with a population of one million or more OR WHO  ARE  EMPLOYEES  OF
THE  NEW  YORK  CITY HEALTH AND HOSPITALS CORPORATION who are engaged in
the performance of ordered military duty, including time spent traveling
to and returning from such duty. In any conflict between  this  subdivi-
sion  and any other provision of law with respect to such public servant
soldiers, this subdivision shall be controlling.
  (a) Definitions. As used in this subdivision:
  (i) "Base pay of city salary" means the base pay received by a  public
officer  or  employee from employment by a city. For public officers and
employees who, prior to the effective date of this subdivision,  elected
to  participate  in  a  "full pay/repayment plan", have returned to city
employment from ordered military duty as of the effective date  of  this
subdivision  and  are, on the effective date of this subdivision, public
officers or employees, the base pay of city salary shall  be  calculated
by  the implementing agency as the salary received by the public servant
soldier as of the effective date of this  subdivision  or  the  date  of
return to city service, whichever is later.
  For  public officers and employees who, prior to the effective date of
this subdivision, elected to participate in a "full pay/repayment  plan"

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

                                                           LBD04335-01-3

A. 8668                             2

and  who  return to city employment from ordered military duty after the
effective date of this subdivision, the base pay of city salary shall be
calculated on the date of return to city employment.
  For  public officers and employees who, prior to the effective date of
this subdivision, elected to participate in a "full pay/repayment  plan"
and  who  have, by the effective date of this subdivision, already sepa-
rated from city employment in a manner other  than  by  retirement,  and
except  where  the  implementing agency shall determine the existence of
hardship, the base pay of city salary shall be calculated as the  salary
received by the public servant soldier as of the date of separation from
city service.
  For  public officers and employees who, prior to the effective date of
this subdivision, elected to participate in a "full pay/repayment  plan"
and  who separate from city employment in a manner other than retirement
after the effective date of  this  subdivision,  and  except  where  the
implementing  agency shall determine the existence of hardship, the base
pay of city salary shall be calculated as the  salary  received  by  the
public servant soldier as of the date of return to city service.
  (ii)  "Balloon  payment" means the payment required for full satisfac-
tion of any remaining outstanding repayment obligation after  ten  years
from the date of return from ordered military duty pursuant to paragraph
(e) of this subdivision.
  (iii) "City" means a city with a population of one million or more.
  (iv) "City salary" means the gross salary received by a public officer
or  employee  from  employment  by  a city, before taxes, deductions, or
court-ordered payments, required or voluntary; but excluding payments by
a city as employer for health, pension, and other benefits.
  (v) "Covered operation" means those military operations designated  by
the  federal  government  of the United States, in support of "Operation
Enduring Freedom", "Operation Iraqi Freedom", "Operation  Noble  Eagle",
or  successors  thereto, or operations specifically connected by federal
designation, action or implication with homeland  security.  The  imple-
menting  agency  may make such additional designations on a case-by-case
basis as it shall deem, in its discretion, to be  in  keeping  with  the
spirit and intent of this subdivision.
  (vi)  "Differential  pay"  means  the pay calculated as the difference
between a public servant soldier's  military  salary  and  city  salary,
where the military salary is less than the city salary.
  (vii)  "Full  pay/repayment  plan" means a salary and benefits plan in
effect in a city prior to the effective date of this subdivision whereby
a public servant soldier elected to receive city salary while  on  mili-
tary  duty,  but  is required to repay the lesser of such city salary or
military salary to a city upon return from military duty.
  (viii) "Implementing agency" means an agency of a city, as  designated
by  the  mayor  of such city in writing, that is authorized to implement
the provisions of this subdivision.
  (ix) "Military salary" means the gross salary paid by  the  government
of  the  United  States to a public servant soldier for ordered military
duty in the armed forces of the United States in a covered operation, as
further defined by the implementing agency, provided that such  military
pay  shall  be  calculated  without  regard  to such extra or additional
stipends as hazard pay, housing or food  allowances,  or  other  similar
additions.
  (x)  "Public  officer"  or  "employee"  means  a  public officer or an
employee of a city OR AN EMPLOYEE OF THE NEW YORK CITY HEALTH AND HOSPI-
TALS CORPORATION.

A. 8668                             3

  (xi) "Public servant soldier" means a public officer [or], employee of
a city OR AN EMPLOYEE OF THE NEW YORK CITY HEALTH AND  HOSPITALS  CORPO-
RATION  performing  ordered  military  duty in connection with a covered
operation.
  (b)  The  mayor of a city shall designate an agency of such city to be
the implementing agency that will administer and implement this subdivi-
sion.  The implementing agency is hereby authorized to and shall:
  (i) provide for the continuation of health insurance benefits, to  the
public  servant  soldier and to such public servant soldier's family, if
the family had been included in such coverage prior to the public  serv-
ant  soldier  beginning  ordered military duty, under the same terms and
conditions as applied to such public servant soldier  prior  to  leaving
city employment for ordered military duty; and
  (ii)  provide  for hardship under certain conditions determined by the
implementing agency for public servant soldiers who elected  to  partic-
ipate in a "full pay/repayment plan". Such conditions shall include, but
shall  not  be limited to, any material unforeseen or compelling changes
in circumstances affecting a public servant soldier's ability  to  repay
that  occurred  since such public servant soldier elected to participate
in the "full pay/repayment plan," including but not limited to  injuries
sustained  while  on  ordered  military  duty, or a determination by the
implementing agency that the public servant soldier is or will be  expe-
riencing  severe  economic  hardship  due  to a change in circumstances.
Relief may include an extension of the repayment term or a reduction  in
the  percentage  of  salary dedicated to repayment, or a modification to
the requirement for a balloon payment. Such determinations  of  economic
hardship may be made on a case-by-case basis, and the implementing agen-
cy  may  require the provision of such information by the public servant
soldier as it deems necessary to make such determination.
  (c) Subdivision five of this section or any other law to the  contrary
notwithstanding,  until August first, two thousand ten, unless the mayor
of a city, in his or her discretion, extends such date, a public officer
or employee shall be paid city salary as such public officer or employee
for any and all periods of absence while engaged in the  performance  of
ordered  military duty, and while going to and returning from such duty,
not exceeding thirty working days in  any  one  calendar  year  and  not
exceeding  thirty  working  days  in  any  one continuous period of such
absence.
  (d) Subdivision five of this section or any other law to the  contrary
notwithstanding,  until August first, two thousand ten, unless the mayor
of a city, in his or her discretion, extends such date, a public servant
soldier shall, after having received the city salary to which he or  she
is  entitled  pursuant  to  paragraph  (c)  of this subdivision, be paid
differential pay thereafter on his or her regularly scheduled pay period
for the duration of such ordered military duty, if such ordered military
duty is in connection with a covered operation. No  repayment  shall  be
required  to  the  city  for  such differential pay received by a public
servant soldier, provided that this prohibition on repayment  shall  not
apply  in the case of a material error in calculation that results in an
unwarranted increase to the public servant  soldier.  Repayment  of  any
such  overage  shall  be  governed by the terms of paragraph (e) of this
subdivision.
  (e) A public officer or employee who, prior to the effective  date  of
this  subdivision, elected to participate in a "full pay/repayment plan"
and, in having done so, incurred  a  repayment  obligation,  shall  make
repayments  in accordance with terms adopted by the implementing agency,

A. 8668                             4

except that, with respect to such repayment obligations, such officer or
employee shall have satisfied the obligation to repay when he or she has
repaid eighty-five percent of the amount  of  city  salary  or  military
salary,  whichever is less, less other such discounts implemented by the
implementing agency as of the effective date  of  this  subdivision  and
such  incentives  as  may  be  implemented by the implementing agency to
encourage payment, and no such term shall:
  (i) require a public officer or employee, while employed by such city,
to pay in any pay period more than seven and one-half percent of his  or
her base pay of city salary toward satisfying his or her repayment obli-
gation,  except  that  a  term  may provide for full satisfaction of any
remaining outstanding repayment obligation after ten years from the date
of return from ordered military duty; or
  (ii) require a retired public officer  or  employee  to  pay,  in  any
month,  an  amount  more  than  seven and one-half percent of his or her
monthly pension payment, except that a term may provide for full  satis-
faction  of  any  remaining  outstanding  repayment obligation after ten
years from the date of return from ordered military duty; or
  (iii) require a public officer or employee separated  from  employment
by  such city in a manner other than by retirement, to pay, in any year,
an amount more than seven and one-half percent of the base pay  of  city
salary,  except  that  a  term  may provide for full satisfaction of any
remaining outstanding repayment obligation after ten years from the date
of return from ordered military duty.
  (f) Notwithstanding paragraph (e) of this subdivision,  a  city  shall
not  require  the  satisfaction of any repayment obligation in the event
that a public servant soldier is killed in the  performance  of  ordered
military duty.
  S 3. This act shall take effect immediately.