senate Bill S2651A

Relates to the service time of military personnel

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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

  • 23 / Jan / 2013
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 09 / Sep / 2013
    • AMEND AND RECOMMIT TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 09 / Sep / 2013
    • PRINT NUMBER 2651A
  • 08 / Jan / 2014
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 04 / Feb / 2014
    • REPORTED AND COMMITTED TO FINANCE

Summary

Relates to the service time of military personnel.

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Bill Details

See Assembly Version of this Bill:
A2492
Versions:
S2651
S2651A
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
Military Law
Laws Affected:
Add ยง244-b, Mil L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S3954, A9501
2009-2010: S4722, A10603, S4722
2007-2008: A8297

Sponsor Memo

BILL NUMBER:S2651A

TITLE OF BILL: An act to amend the military law, in relation to the
service credit time of military personnel

PURPOSE: This bill would allow any person who is a member of any
public retirement system of the state, called up for active duty
military service during any period from September 11, 2001 to the
present time, to be awarded full pension credit, for all time so
employed on active duty, as if such person was employed full time in
their public employment, during the time of such active duty service,
regardless of whether such person receives any wages or salary income
from such public employment during such active duty service.

SUMMARY OF PROVISIONS: Specifically, this bill would add section 244-b
of the military law to provide that:

Notwithstanding any other provision of law to the contrary, any
person, who is a member of any public retirement system of-the state,
called up for active duty service as a member of the:

a. Naval militia;

b. New York State Guard;

c. New York National Guard;

d. Reserves; or

e. United States Army, Navy, Marines, Air Force, or Coast Guard,

during any period from September 11, 2001 to the present time, shall
be awarded full pension credit, for all time so employed on active
duty, as if such person was employed full time in their public
employment, during the time of such active duty, service, regardless
of whether such person receives any wages or salary income from such
public employment during such active duty service.

JUSTIFICATION: Presently, most military veterans, who are state or
local employees, receive service public pension credit time while are
on active duty. A certain select few, however, mostly of officer rank,
do not.

As a result, these persons, not only suffer the Lime away from home
and family incumbent from their service on active duty, but are also
penalized by losing their time credit in the public pension system.

This bill would remedy this gap in the law, and thereby eliminate the
present disincentive of a state or local employee to serve as an
officer in the reserves, militia or guard.

It would expressly recognize their service to our country, and end the
present penalty system which the current law mistakenly imposes.

America and New York needs every person who is willing to serve to
protect our freedom, liberty and way of life. This bill would


recognize that commitment of those brave men and women who have
answered the call since September 11th.

LEGISLATIVE HISTORY: A.9502 of 2011/2012 S.4722 of 2009/2010

FISCAL IMPLICATIONS: To be determined

EFFECTIVE DATE: This act would take effect immediately.

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

                                 2651--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

Introduced  by Sens. BALL, ADDABBO, AVELLA, GIPSON, LARKIN -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Veterans, Homeland  Security  and  Military  Affairs  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the military law, in relation to the service credit time
  of military personnel

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

  Section 1. The military law is amended by adding a new  section  244-b
to read as follows:
  S 244-B. PENSION CREDIT DURING ACTIVE DUTY.  NOTWITHSTANDING ANY OTHER
PROVISION  OF  LAW  TO  THE CONTRARY, ANY PERSON, WHO IS A MEMBER OF ANY
PUBLIC RETIREMENT SYSTEM OF THE STATE, CALLED UP FOR ACTIVE DUTY SERVICE
AS A MEMBER OF THE:
  A. NAVAL MILITIA;
  B. NEW YORK STATE GUARD;
  C. NEW YORK NATIONAL GUARD;
  D. RESERVES; OR
  E. UNITED STATES ARMY, NAVY, MARINES, AIR FORCE OR COAST GUARD, DURING
ANY PERIOD FROM SEPTEMBER ELEVENTH, TWO  THOUSAND  ONE  TO  THE  PRESENT
TIME,  SHALL BE AWARDED FULL PENSION CREDIT, FOR ALL TIME SO EMPLOYED ON
ACTIVE DUTY, AS IF SUCH PERSON WAS EMPLOYED FULL TIME  IN  THEIR  PUBLIC
EMPLOYMENT,  DURING  THE TIME OF SUCH ACTIVE DUTY SERVICE, REGARDLESS OF
WHETHER SUCH PERSON RECEIVES ANY WAGES OR SALARY INCOME FROM SUCH PUBLIC
EMPLOYMENT DURING SUCH ACTIVE DUTY SERVICE.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01067-03-3

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