senate Bill S1121A

Amended

Provides retirement service credit to certain members discharged from military service due to injuries suffered during certain military conflicts

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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

  • 09 / Jan / 2013
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 14 / Jun / 2013
    • AMEND AND RECOMMIT TO CIVIL SERVICE AND PENSIONS
  • 14 / Jun / 2013
    • PRINT NUMBER 1121A
  • 08 / Jan / 2014
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 28 / Mar / 2014
    • AMEND AND RECOMMIT TO CIVIL SERVICE AND PENSIONS
  • 28 / Mar / 2014
    • PRINT NUMBER 1121B
  • 12 / May / 2014
    • AMEND AND RECOMMIT TO CIVIL SERVICE AND PENSIONS
  • 12 / May / 2014
    • PRINT NUMBER 1121C
  • 02 / Jun / 2014
    • AMEND AND RECOMMIT TO CIVIL SERVICE AND PENSIONS
  • 02 / Jun / 2014
    • PRINT NUMBER 1121D

Summary

Provides three years of retirement service credit to certain retirement system members discharged from military service due to injuries suffered during certain military conflicts even if they did not serve three years in the military.

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Bill Details

Versions:
S1121
S1121A
S1121B
S1121C
S1121D
Legislative Cycle:
2013-2014
Current Committee:
Senate Civil Service And Pensions
Law Section:
Retirement and Social Security Law
Laws Affected:
Amd ยง1000, R & SS L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S5392A
2009-2010: S4325
2007-2008: S254A

Sponsor Memo

BILL NUMBER:S1121A

TITLE OF BILL: 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

PURPOSE OR GENERAL IDEA OF BILL:

To allow individuals who were injured during certain military conflict
to be eligible for the full three years of service credit. available
from chapter 548 of the Laws of 2000.

SUMMARY OF SPECIFIC PROVISIONS:

Amends Section 1000 of the retirement and social security law to allow
individuals who were injured during certain military conflict to be
eligible for the full three years of service credit available from
chapter 548 of the Laws of 2000.

JUSTIFICATION:

Currently individuals who were injured in defense of the Country are
not necessarily eligible for the full three year retirement credit if
they were honorably discharged early. This legislation takes away that
inequity by allowing them to receive the full three years of
retirement credit.

PRIOR LEGISLATIVE HISTORY:

S.6167 of 2002; Referred to Senate Committee on Civil Service and
Pensions; S.3251A of 200312004; Ordered to Third Reading; S.1985 of
2005/2006 Passed Senate; S.254-A/A.5761-A of 2008: Died in Assembly
Ways and Means -Passed Senate; S.4325-A /A.7234 of 2009/2010; Died in
Assembly Governmental Employees-Died in Civil Service and Pensions;
S.5392 -A/A.7394-A; Died in Senate Civil Service and Pension - died in
Assembly Governmental Employees; 2011/2012: S.5392-A/A.7394-A- Died in
Senate Civil Service and Pension - died in Assembly Governmental
Employees.

FISCAL IMPLICATIONS:

A fiscal note has been provided by the New York State and Local
Employees' Retirement System, and the Local Police and Fire Retirement
System. However, it is believed that there will be a minimal number of
affected members.

EFFECTIVE DATE:

This act shall take effect immediately and shall be deemed to have
been in full force and effect on and after December 21, 1998.

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

                                 1121--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

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.
                                                           LBD00841-04-3

S. 1121--A                          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. Notwithstanding any other provision of law to the contrary,  none
of  the  provisions  of  this  act shall be subject to section 25 of the
retirement and social security law.
  S 3. 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
credit  service. Tier 1-5 members would be required to make a payment of
three percent of their most recent compensation per year  of  additional
service credit granted by this bill. Tier 6 members would be required to
make a payment of six percent of their most recent compensation per year
of additional service credit.
  If this bill is enacted, insofar as this proposal affects the New York
State and Local Employees' Retirement System (ERS), it is estimated that
the  past service cost will average approximately 12% (9% for Tier 6) of
an affected members' compensation for each year  of  additional  service
credit that is purchased.
  Insofar  as  this proposal affects the New York State and Local Police
and Fire Retirement System (PFRS), it is estimated that the past service
cost will average approximately 17% (14% for  Tier  6)  of  an  affected
members'  compensation  for  each  year  of  additional  service that is
purchased.
  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.
  Summary of relevant resources:
  ERS Costs: Pursuant to section 25 of the Retirement and Social Securi-
ty Law, these per person one-time costs would be borne by the  State  of
New York and would require an itemized appropriation by the State of New
York sufficient to pay the cost of the provision. The State may amortize
these per person one-time costs over a period of 5 years.

S. 1121--A                          3

  PFRS  Costs:  These costs would be shared by the State of New York and
the participating employers in the PFRS.
  Data:  March  31,  2012  Actuarial Year End File with distributions of
membership and other statistics displayed in  the  2012  Report  of  the
Actuary and 2012 Comprehensive Annual Financial Report.
  Assumptions  and  Methods:  2010,  2011  and 2012 Annual Report to the
Comptroller on Actuarial Assumptions, Codes Rules and Regulations of the
State of New York: Audit and Control.
  Market Assets and GASB Disclosures: March 31, 2012 New York State  and
Local  Retirement System Financial Statements and Supplementary Informa-
tion.
  Valuations of Benefit Liabilities and Actuarial Assets: summarized  in
the 2012 Actuarial Valuations report.
  I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
  This  estimate,  dated  December  17,  2012  and intended for use only
during the  2013  Legislative  Session,  is  Fiscal  Note  No.  2013-15,
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.
  FISCAL  NOTE.--This  bill  would  add a new subdivision 2-a to Section
1000 of the Retirement and Social  Security  Law  to  allow  members  of
public  retirement systems of New York State to claim service credit for
up to three years of military service, for  less  than  three  years  of
military  duty,  if  the  member  was  honorably  discharged for medical
reasons due to injuries suffered during such  military  duty.  A  member
must  have  at  least  five years of credited service to be eligible. To
obtain such credit, a member must make payments as required  in  Section
1000  of the Retirement and Social Security Law. A member who retired on
or after December 21, 1998 may apply for credit pursuant to this section
within one year of the effective date of this act.
  It is not possible to determine the total annual cost to the employers
of members of the New York State Teachers' Retirement System  since  the
total  amount  of  service credit which would be claimed under this bill
cannot be estimated. However, the cost to the employers  of  members  of
the  New  York  State  Teachers'  Retirement  System  is estimated to be
$21,400 per year of service credited for Tier 1 and 2  members,  $18,300
per  year of service credited for Tier 3 and 4 members, $16,600 per year
of service credited for Tier 5 members, and $10,700 per year of  service
credited for Tier 6 members if this bill is enacted.
  The  source  of this estimate is Fiscal Note 2013-32 dated May 9, 2013
prepared by the Actuary of  the  New  York  State  Teachers'  Retirement
System and is intended for use only during the 2013 Legislative Session.
I,  Richard  A.  Young,  am the Actuary for the New York State Teachers'
Retirement System. I am a member of the American  Academy  of  Actuaries
and  I meet the Qualification Standards of the American Academy of Actu-
aries to render the actuarial opinion contained herein.

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