senate Bill S4714

Amended

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

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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

  • 19 / Apr / 2013
    • REFERRED TO FINANCE
  • 08 / Jan / 2014
    • REFERRED TO FINANCE
  • 26 / Feb / 2014
    • AMEND AND RECOMMIT TO FINANCE
  • 26 / Feb / 2014
    • PRINT NUMBER 4714A
  • 10 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 10 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1247
  • 11 / Jun / 2014
    • PASSED SENATE
  • 11 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 11 / Jun / 2014
    • REFERRED TO WAYS AND MEANS

Summary

Provides up to three years of service credit to members of public retirement systems of the state for military service rendered during times of peace; removes requirement that such military service occur during specified periods of hostilities; such members must have at least five years of credited service, not including military service; makes an appropriation therefor.

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Bill Details

See Assembly Version of this Bill:
A6974
Versions:
S4714
S4714A
Legislative Cycle:
2013-2014
Current Committee:
Law Section:
Appropriations
Laws Affected:
Amd ยง1000, R & SS L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S6904A, S6904A
2009-2010: A6663A, A6663A
2007-2008: A6318C, A6318C

Sponsor Memo

BILL NUMBER:S4714

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; and making an appropriation
therefor

PURPOSE: To extend the Veterans Service Credit Law of 2000 to all
veterans who have served in the military

SUMMARY OF PROVISIONS:

Section one amends section 1000 of the retirement and social services
law, as added by chapter 548 of the laws of 2000 and subdivision 9 as
added by chapter 547 of the laws of 2002, by deleting the specified
periods of time in which military service would had to have been
rendered in order to receive up to three years of service credit.
Such specified periods currently prevent a person who served in the
military, outside such periods, from obtaining service credit when
applying to a public retirement system of the state. This section also
deletes other restricting dates.

Section two provides the appropriation necessary for the legislation.

Section three provides the effective date.

JUSTIFICATION: The United States now depends on a volunteer military.
In order to encourage citizens to become a member of the military, the
state needs to recognize all veterans by allowing them to access the
veteran's service credit buy back law. Currently, the Veterans Service
Credit Law of 2000 permits active public employees who served in the
military during only specified conflicts to purchase up to three years
credit for their military service. This legislation will extend this
opportunity to veterans who were in the military and served their
country during peace times as well.

LEGISLATIVE HISTORY: S.6904-A, 2012 referred to civil service and
pensions. A.6663-A, 2010 referred to ways and means. Same as S.4316-A,
2010 referred to civil service and pensions. A.6663, 2009 referred to
governmental employees. Same as S.4316, 2009 referred to civil service
and pensions. A.6318-C 2008, passed assembly. A.6318-C 2007, referred
to governmental employees committee. Same as S.5495 (Leibell).

FISCAL IMPLICATIONS: See fiscal notes included at the end of the
bill.

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
________________________________________________________________________

                                  4714

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 19, 2013
                               ___________

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

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; and making an appropriation therefor

  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,  as
added  by  chapter  548  of  the laws of 2000, subdivision 9 as added by
chapter 547 of the laws of 2002 and subdivision 10 as added  by  chapter
18 of the laws of 2012, is amended to read as follows:
  S  1000.  Military  service  credit.  Notwithstanding  any  law to the
contrary, a member of a  public  retirement  system  of  the  state,  as
defined  in subdivision twenty-three of section five hundred one of this
chapter, shall be eligible for credit for military service as hereinaft-
er provided:
  1. A member, upon application to such retirement system, may obtain  a
total  not to exceed three years of service credit for up to 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
[and all or part of  such  military  service  was  rendered  during  the
following  periods:  (a)  commencing  December seventh, nineteen hundred
forty-one  and  terminating  December  thirty-first,  nineteen   hundred
forty-six;  (b)  commencing  June twenty-seventh, nineteen hundred fifty
and terminating January thirty-first, nineteen  hundred  fifty-five;  or
(c)  commencing  February  twenty-eighth, nineteen hundred sixty-one and
terminating May seventh, nineteen hundred seventy-five;
  2. A member, upon application to such retirement system, may obtain  a
total  not to exceed three years of service credit for up to three years
of military duty, as defined in section two hundred forty-three  of  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01368-03-3

S. 4714                             2

military  law, if honorably discharged therefrom, if all or part of such
services was rendered in the military  conflicts  referenced  below,  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 ninety,
as  established  by receipt of the armed forces expeditionary medal, the
navy expeditionary medal, or the marine corps expeditionary medal; or
  (d) 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].
  [3] 2. A member must have at least five years of credited service (not
including  service  granted  hereunder) to be eligible to receive credit
under this section.
  [4] 3. To obtain such credit,  a  member  shall  pay  such  retirement
system,  for  deposit  in  the fund used to accumulate employer contrib-
utions, a sum equal to the product of the number of  years  of  military
service  being  claimed  and three percent of such member's compensation
earned during the twelve months of credited service immediately  preced-
ing  the  date  that  the member made application for credit pursuant to
this section. If permitted by  rule  or  regulation  of  the  applicable
retirement  system,  the  member  may  pay  such member costs by payroll
deduction for a period which shall not exceed the time period  of  mili-
tary  service  to be credited pursuant to this section. In the event the
member leaves the employer payroll prior to completion of payment, he or
she shall forward all remaining required  payments  to  the  appropriate
retirement system prior to the effective date of retirement. If the full
amount  of  such  member costs is not paid to the appropriate retirement
system prior to the member's retirement, the amount of service  credited
shall  be proportional to the total amount of the payments made prior to
retirement.
  [5] 4. In no event shall the credit granted pursuant to this  section,
when  added  to  credit granted for military service with any retirement
system of this state pursuant to this or any  other  provision  of  law,
exceed a total of three years.
  [6]  5.  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
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

S. 4714                             3

which  event, the cost to the retiree would be based on the twelve month
period immediately preceding retirement.]
  [7]  6.  All  costs  for service credited to a member pursuant to this
section, other than the member costs set forth in subdivision  three  of
this section, shall be paid by the state and all employers which partic-
ipate in the retirement system in which such member is granted credit.
  [8]  7. A member who has purchased military service credit pursuant to
section two hundred forty-four-a of the military law shall  be  entitled
to  a refund of the difference between the amount paid by the member for
such purchase and the amount that would be payable if service  had  been
purchased pursuant to this section.
  [9]  8.  Notwithstanding  any  other provision of law, in the event of
death prior to retirement, amounts paid by the member for  the  purchase
of  military  service credit pursuant to this section shall be refunded,
with interest, to the extent the military service  purchased  with  such
amounts  does  not  produce a greater death benefit than would have been
payable had the member not purchased such credit.
  Notwithstanding any other provision of law, in the  event  of  retire-
ment,  amounts  paid  by the member for the purchase of military service
credit pursuant to this section shall be refunded, with interest, to the
extent the military service purchased with such amounts does not produce
a greater retirement allowance than would  have  been  payable  had  the
member not purchased such credit.
  [10.]  9. Anything to the contrary in subdivision [four] THREE of this
section notwithstanding, to obtain such credit, a member who first joins
a public retirement system of the state on or  after  April  first,  two
thousand  twelve  shall  pay  such retirement system, for deposit in the
fund used to accumulate employer contributions, a sum equal to the prod-
uct of the number of years of military service  being  claimed  and  six
percent of such member's compensation earned during the twelve months of
credited  service  immediately  preceding  the date that the member made
application for credit pursuant to this section.
  S 2. The amount specified in this section, or so much thereof as shall
be sufficient to accomplish the purpose designated, is hereby  appropri-
ated  and  authorized  to be paid as hereinafter provided, to the public
officers and for the purposes specified, which amount shall be available
for the state fiscal year beginning April 1, 2013.

                          GENERAL STATE CHARGES
                            STATE OPERATIONS

GENERAL STATE CHARGES ........................................ 6,000,000

  General Fund
  State Purposes Account

For the state's contribution to the  employ-
  ees'  retirement  system  pension  accumu-
  lation fund and the New York state  public
  employees  group  life  insurance plan, as
  required by section 25 of  the  Retirement
  and  Social  Security  Law, to pay for the
  purposes of this act ......................... 6,000,000

  S 3. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:

S. 4714                             4

  This bill would allow up to three (3)  years  of  service  credit  for
military  duty  by removing all existing requirements that such military
service be performed during certain war periods, during certain  hostil-
ities  while  in  the  theater  of  operations or upon the receipt of an
expeditionary  medal.  However,  the  total  service  credit granted for
active and peacetime military service shall not exceed three (3)  years.
Tier  6  members  would  be required to make a payment of six percent of
current compensation per year of additional service  credit  granted  by
this  bill.    Members  of  all  other Tiers would be required to make a
payment of three percent of current compensation per year of  additional
service credit granted by this bill. Members must have at least five (5)
years of credited service (not including military service).
  Insofar as this bill would affect the New York State and Local Employ-
ees' Retirement System, if it is enacted it is estimated that there will
be  an  increase  in the actuarial present value of benefits of approxi-
mately $45.6 million on behalf of the current members.
  Pursuant to Section 25 of the Retirement and Social Security Law,  the
increase  cost  to  the  New  York State and Local Employees' Retirement
System would be borne entirely by  the  State  of  New  York  and  would
require  an  itemized  appropriation  sufficient  to pay the cost of the
provision.  Since a member can apply for this service credit at any time
prior to retirement, a precise  cost  can't  be  determined  until  each
member,  as  well  as future members, apply for the service credit. Each
year a cost will be determined (and billed to the state) based on  those
benefiting from this provision.
  Insofar  as this bill would affect the New York State and Local Police
and Fire Retirement System, if it is enacted there will be  an  increase
in  the  actuarial present value of benefits to be paid by the employers
of approximately $20.9 million. The estimated first year cost  would  be
approximately  $465,000  to the State of New York and approximately $2.0
million to participating employers in  the  New  York  State  and  Local
Police  and  Fire  Retirement  System. In addition to these costs, there
would be additional costs for future  members  who  have  such  military
service.
  Summary of relevant resources:
  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 2011 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 January 7, 2013 and intended for use only during
the 2013 Legislative Session, is Fiscal Note No.  2013-13,  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 amend Section 1000 of the Retirement and Social Secu-
rity Law to allow active members of public  retirement  systems  of  New

S. 4714                             5

York  State  to  claim  service credit for up to three years of military
service, regardless of when it was performed. Currently, active  members
can  receive  service  credit  for  military service performed, but only
during  specified periods of war. A member must have at least five years
of credited service to be eligible and make application for such  credit
before the effective date of retirement. To obtain such credit, a member
must  make  payments  as  required in Section 1000 of the Retirement and
Social Security Law.
  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 2013-12 dated February 20,
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.
  FISCAL NOTE.--PROVISIONS OF  PROPOSED  LEGISLATION:  With  respect  to
certain New York City Retirement Systems ("NYCRS"), this proposed legis-
lation  would  amend  New  York State Retirement and Social Security Law
("RSSL") Section 1000 to provide certain members of the  New  York  City
Employees'  Retirement  System  ("NYCERS"),  the New York City Teachers'
Retirement System ("NYCTRS"), the  New  York  City  Board  of  Education
Retirement  System  ("BERS"),  the  New  York  City  Police Pension Fund
("POLICE") and the New York City Fire Department Pension  Fund  ("FIRE")
the  opportunity  to  obtain  additional  retirement service credits for
certain Military Service.
  This proposed legislation would permit any NYCRS member, prior to  the
effective  date  of retirement, to make application for these additional
service credits.
  To obtain such Military Service credits, members would be required  to
pay  to  the  appropriate  NYCRS,  for  each  year  of  Military Service
purchased, a sum equal to 3.0% (6.0% for members who first join  on  and
after  April  1,  2012)  of such member's compensation earned during the
twelve months of credited service immediately preceding  the  date  that
the member makes application for credit.
  MEMBERS  IMPACTED: Insofar as this proposed legislation relates to the
NYCRS, the number of members who could  potentially  benefit  from  this
proposed legislation cannot be readily determined.
  IMPACT  ON BENEFITS: With respect to the NYCRS, a member who served in
the U.S. military and received an honorable discharge would  be  permit-
ted,  after  completing five years of credited service (exclusive of the
service credit that could be purchased under this proposed legislation),
to purchase a maximum of three years of Military Service  (inclusive  of
any prior purchases of Military Service credit).
  In  order  to  purchase  the Military Service credits provided in this
proposed legislation, a  member  must  have  been  honorably  discharged
following a period of "military duty" as defined in New York State Mili-
tary Law Section 243.

S. 4714                             6

  If  a  member's  Military  Service  meets  these conditions, then that
member would be permitted to purchase a maximum of three years of  Mili-
tary  Service  (inclusive  of  any  previously-received Military Service
credit) attributable to any period of the member's military career.
  For  purposes  of  the respective NYCRS, each year of Military Service
credit purchased would apply toward providing the member with a year  of
benefit  accrual  under  the  particular  benefit  formula  covering the
member.
  In certain circumstances, the member also may be entitled  to  utilize
such  Military  Service  as  qualifying  service for benefit eligibility
purposes.
  For purposes of this Fiscal Note, it has been assumed that members who
purchase Military Service in accordance with this  proposed  legislation
would  generally  be  entitled to count such service for benefit accrual
purposes and for the purpose of qualifying for benefits.
  FINANCIAL IMPACT - OVERVIEW: With respect to an individual member, the
additional cost of this proposed legislation would depend on the  length
of  all New York City service, age, salary history and Plan in which the
member participates, as well as the number of years  of  service  credit
purchased.
  With  respect  to  employers  participating in the NYCRS, the ultimate
employer cost of this proposed legislation would be  determined  by  the
increase in benefits to be paid, the impact of certain benefits commenc-
ing  earlier,  a  shorter working lifetime, and the reduction in certain
future member contributions.
  FINANCIAL IMPACT - ACTUARIAL PRESENT VALUES: With respect to the NYCRS
and based on the census data and assumptions herein,  the  enactment  of
this  proposed  legislation  would  increase the Actuarial Present Value
("APV") of benefits ("APVB") by approximately $204.7 million as of  June
30, 2012.
  In  addition,  with  respect  to  the  NYCRS, the APV of future member
contributions (primarily attributable to the payments by members of 3.0%
(6.0% for Tier 6  members)  of  salary  per  year  of  Military  Service
purchased)  would  increase by approximately $31.5 million when measured
as of June 30, 2012.
  Consequently, with respect to the NYCRS, the APV of net future employ-
er contributions would increase by approximately $173.2  million  as  of
June 30, 2012.
  FINANCIAL  IMPACT - ANNUAL EMPLOYER COSTS:  With respect to the NYCRS,
based on the Actuary's actuarial assumptions and methods in effect as of
June 30, 2012, the enactment of this proposed legislation would increase
annual employer costs by approximately $19.8 million per year.
  FINANCIAL IMPACT - EMPLOYER CONTRIBUTIONS: With respect to the  NYCRS,
based on the Actuary's actuarial assumptions and methods in effect as of
June  30,  2012,  the enactment of this proposed legislation would ulti-
mately increase employer contributions by  approximately  the  estimated
additional annual employer costs.
  FINANCIAL  IMPACT  - SUMMARY: The following table summarizes the esti-
mated financial impact of this proposed legislation on the NYCRS.

        Estimated Financial Impact to Allow Members of the NYCRS
        To Purchase up to Three Years of Military Service Credit

                              ($ Millions)

                                                     Estimated

S. 4714                             7

                                     Additional      First Year
                    Additional     APV of Future     Additional
   Retirement         APV of         Employer         Employer
     System          Benefits      Contributions{1}   Costs{2}

NYCERS                 $ 68.3             $ 57.4         $ 6.6

NYCTRS                   26.9               22.2           2.5

BERS                      7.4                6.2           0.7

POLICE                   82.9               70.8           8.1

FIRE                     19.2               16.6           1.9

       TOTAL           $204.7             $173.2         $19.8

  _________________

{1} Equals  increase  in  APVB  minus  increase  in APV of future member
    contributions.
{2} Estimated Additional Employer Costs are determined without regard to
    the funded status of the Retirement Systems and represent  the  best
    estimates  of  the  ultimate annual financial burden of the proposed
    legislation. Estimated Additional Employer Contributions would ulti-
    mately approximate Estimated Additional Employer Costs.

  ADDITIONAL EMPLOYER COSTS - GENERAL: In general, the real cost of  the
enactment  of this proposed legislation would be the additional benefits
paid.
  OTHER COSTS: Not measured in this Fiscal Note is the  impact  of  this
proposed  legislation on the Manhattan and Bronx Surface Transit Operat-
ing Authority ("MaBSTOA") or on State or Local employers with respect to
their participation in the New York State and Local  Retirement  Systems
("NYSLRS") or the New York State Teachers' Retirement System ("NYSTRS").
  Also, this Fiscal Note does not include analyses of the impact of this
proposed  legislation  on the expected increases in administrative costs
or costs for Other Post-Employment Benefits ("OPEB").
  CENSUS DATA: The census data used for estimates of APV of benefits and
employer contributions presented herein are the active members  included
in the June 30, 2012 (Lag) actuarial valuations of NYCERS, NYCTRS, BERS,
POLICE  and  FIRE  used  to  determine  the Preliminary Fiscal Year 2014
employer contributions.
  ACTUARIAL ASSUMPTIONS AND METHODS:  Additional  APV  of  benefits,  of
member  contributions  and of employer contributions have been estimated
as of June 30, 2012 using various approximating techniques  and  assump-
tions by the Actuary, including, but not limited to:
  * A certain percentage of Veterans being honorably discharged.
  *  A  certain  percentage of honorably discharged Veterans being disa-
bled.
  * Different percentages of members by NYCRS would have prior  Military
Service.
  *  Each  eligible member would purchase an average of 2.5 years of the
Military Service.
  Changes in employer contributions have  been  estimated  assuming  the
increase  in  the APV of Future Employer Contributions would be financed

S. 4714                             8

over a time period comparable to that used for  actuarial  losses  under
the Entry Age Actuarial Cost Method. Using this approach, the Additional
APV  of  Future  Employer Contributions would be amortized over a closed
15-year  period (14 payments under One-Year Lag Methodology) using level
dollar payments.
  ECONOMIC VALUES OF BENEFITS: The actuarial assumptions used to  deter-
mine  the financial impact of the proposed legislation discussed in this
Fiscal Note are those appropriate for budgetary models  and  determining
annual employer contributions to the NYCRS.
  However,  the  economic  assumptions  that  are  used  for determining
employer contributions do not develop risk-adjusted economic  values  of
benefits.   Such risk-adjusted, economic values of benefits would likely
differ significantly from those developed by the budgetary models.
  STATEMENT OF ACTUARIAL OPINION: I, Robert C. North, Jr., am the  Chief
Actuary  for  the New York City Retirement Systems. I am a Fellow of the
Society of Actuaries and a Member of the American Academy of  Actuaries.
I  meet the Qualification Standards of the American Academy of Actuaries
to render the actuarial opinion contained herein.
  FISCAL NOTE IDENTIFICATION: This estimate is  intended  for  use  only
during  the  2013  Legislative Session. It is Fiscal Note 2013-07, dated
April 15, 2013, prepared by the Chief Actuary  for  the  New  York  City
Employees'  Retirement  System,  the  New York City Teachers' Retirement
System, the New York City Board of Education Retirement System, the  New
York  City  Police  Pension  Fund  and the New York City Fire Department
Pension Fund.

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