senate Bill S4923B

Amended

Amends the dates of certain armed conflicts to reflect the dates for such conflicts established by the federal government and provides that future dates shall be consistent with the federal dates thereof

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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

  • 01 / May / 2013
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 23 / May / 2013
    • AMEND (T) AND RECOMMIT TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 23 / May / 2013
    • PRINT NUMBER 4923A
  • 31 / May / 2013
    • AMEND AND RECOMMIT TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 31 / May / 2013
    • PRINT NUMBER 4923B
  • 08 / Jan / 2014
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 17 / Mar / 2014
    • AMEND AND RECOMMIT TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 17 / Mar / 2014
    • PRINT NUMBER 4923C
  • 06 / May / 2014
    • 1ST REPORT CAL.591
  • 07 / May / 2014
    • 2ND REPORT CAL.
  • 12 / May / 2014
    • ADVANCED TO THIRD READING
  • 20 / Jun / 2014
    • COMMITTED TO RULES

Summary

Amends the dates of certain armed conflicts to reflect the dates for such conflicts established by the federal government and provides that future dates of armed conflicts shall be consistent with the federal dates thereof.

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Bill Details

See Assembly Version of this Bill:
A7687A
Versions:
S4923
S4923A
S4923B
S4923C
Legislative Cycle:
2013-2014
Current Committee:
Senate Rules
Law Section:
Education Law
Laws Affected:
Amd §§668 & 668-c, Ed L; amd §1000, R & SS L; amd §85, Civ Serv L; amd §168, Soc Serv L; amd §63, Pub Off L
Versions Introduced in 2013-2014 Legislative Cycle:
A6429

Sponsor Memo

BILL NUMBER:S4923B

TITLE OF BILL: An act to amend the education law, the retirement and
social security law, the civil service law, the social services law
and the public officers law, in relation to the dates of certain
periods of war and hostilities

PURPOSE: The purpose of this bill is to amend the dates of certain
armed conflict to reflect the dates for such conflicts established by
the federal government.

SUMMARY OF PROVISIONS: Section 1: Amends Education Law section 668 to
change the date of participation in operations in Lebanon from June
1983 to August 21, 1992 In addition, changes the time period in
subdivision (d) from December 21st to February 28th. Subdivision (e)
is re-worded from two to second.

Section 2: Amends subdivision 1 of section 668-c of the education law,
to change the date of which this section considers a "Vietnam veteran"
from the twenty-second of December to the twenty-eighth of February.

Section 3: Amends paragraph (a) of subdivision 2 of section 1000 of
the retirement and social security law, to change the date of
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 twenty-first day of August, nineteen hundred
eighty-two.

Section 4: Amends subparagraph 5 of paragraph (c) of subdivision 2 of
section 85 of the civil service law, to change the date of 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 twenty-first day of August, nineteen hundred eighty-two.

Section 5: Amends subdivision 1 of section 168 of the social services
law, to change the date for participation in operations in Lebanon
from June first, nineteen hundred eighty-three to August twenty-first,
nineteen hundred eighty-two.

Section 7: Amends Section 63 of the public officers law, to change the
date for participation in operations in Lebanon from June first,
nineteen hundred eighty-three to August twenty-first, nineteen hundred
eighty two.

JUSTIFICATION: Discrepancies in official dates of conflict for various
military operations is a source of administrative confusion on both
the state and federal level. Irregularities in official dates of
conflict make it particularly difficult for veterans or relatives of
veterans applying for state and/or federal benefits and/or military
service credits. Complications can arise if under the State an
individual is considered a veteran of a particular conflict while on
the federal level the individual in question is not or vice versa.
This bill aims to eliminate this discrepancy and any subsequent
complications that may arise.

LEGISLATIVE HISTORY: New bill.


FISCAL IMPLICATIONS:

EFFECTIVE DATE: Immediately.

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

                                 4923--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 1, 2013
                               ___________

Introduced  by  Sen.  LIBOUS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said  committee  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend the education law, the retirement and social security
  law, the civil service law, the social services  law  and  the  public
  officers  law,  in relation to the dates of certain periods of war and
  hostilities

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

  Section  1.  Subdivision  1  of  section  668 of the education law, as
amended by chapter 580 of the laws of 1992, paragraphs (a)  and  (d)  as
amended  by chapter 261 of the laws of 1995, paragraph (b) as amended by
chapter 616 of the laws of 1995, paragraphs (f)  and  (g)  as  added  by
chapter 435 of the laws of 2006, is amended to read as follows:
  1.    Period  of  military  service. For a student to be eligible, the
parent, or step-parent where the student is the dependent of  the  step-
parent, (i) must have been a recipient of the armed forces expeditionary
medal,  the  navy  expeditionary medal or the marine corps expeditionary
medal for participation in  operations  in  Lebanon  from  [June  first]
AUGUST  TWENTY-FIRST,  nineteen  hundred  [eighty-three]  EIGHTY-TWO  to
December first, nineteen hundred eighty-seven, in Grenada  from  October
twenty-third,  nineteen  hundred  eighty-three to November twenty-first,
nineteen hundred eighty-three, or in  Panama  from  December  twentieth,
nineteen  hundred  eighty-nine to January thirty-first, nineteen hundred
ninety, or (ii) must have served on regular active duty (other than  for
training) in the armed forces of the United States during part of one of
the following periods:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08442-05-3

S. 4923--B                          2

  (a)  April sixth, nineteen hundred seventeen to November eleven, nine-
teen hundred eighteen.
  (b) December seven, nineteen hundred forty-one to December thirty-one,
nineteen  hundred  forty-six,  or have been employed by the War Shipping
Administration or Office of Defense Transportation or their agents as  a
merchant  seaman  documented by the United States Coast Guard or Depart-
ment of Commerce, or as a civil servant employed by  the  United  States
Army  Transport  Service  (later  redesignated as the United States Army
Transportation  Corps,  Water  Division)  or  the  Naval  Transportation
Service; and who served satisfactorily as a crew member during the peri-
od  of  armed conflict, December seventh, nineteen hundred forty-one, to
August fifteenth, nineteen hundred forty-five, aboard  merchant  vessels
in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
terms  are defined under federal law (46 USCA 10301 & 10501) and further
to include "near foreign" voyages between the United States and  Canada,
Mexico, or the West Indies via ocean routes, or public vessels in ocean-
going  service  or  foreign waters and who has received a Certificate of
Release or Discharge from Active Duty and a discharge certificate, or an
Honorable Service Certificate/Report of Casualty, from the Department of
Defense or have served as a United States civilian employed by the Amer-
ican Field Service and served overseas under United  States  Armies  and
United  States  Army  Groups  in world war II during the period of armed
conflict, December  seventh,  nineteen  hundred  forty-one  through  May
eighth,  nineteen hundred forty-five, and who was discharged or released
therefrom under honorable conditions, or have served as a United  States
civilian  Flight Crew and Aviation Ground Support Employee of Pan Ameri-
can World Airways or one of  its  subsidiaries  or  its  affiliates  and
served  overseas  as a result of Pan American's contract with Air Trans-
port Command or Naval Air Transport Service during the period  of  armed
conflict, December fourteenth, nineteen hundred forty-one through August
fourteenth,  nineteen  hundred  forty-five,  and  who  was discharged or
released therefrom under honorable conditions.
  (c) June twenty-seven, nineteen hundred fifty to  January  thirty-one,
nineteen hundred fifty-five.
  (d)  [December twenty-second] FEBRUARY TWENTY-EIGHTH, nineteen hundred
sixty-one to May seventh, nineteen hundred seventy-five.
  (e) August [two] SECOND, nineteen hundred ninety to the end of hostil-
ities in the Persian Gulf conflict.
  (f) From September eighteenth, two thousand one until the end  of  the
United States military efforts in Afghanistan.
  (g)  From  October  sixteenth,  two  thousand two until the end of the
United States military efforts in Iraq.
  (H) ANY OTHER PERIOD OF WAR  OR  HOSTILITIES  IN  SUCH  LOCATIONS  AND
DURING  SUCH PERIODS OF TIME AS SHALL BE DETERMINED FROM TIME TO TIME BY
THE FEDERAL DEPARTMENT OF DEFENSE OR THE UNITED STATES CONGRESS.
  S 2. Subdivision 1 of section 668-c of the education law, as added  by
chapter 474 of the laws of 2000, is amended to read as follows:
  1.  Eligible students. Awards shall be made to Vietnam veterans' resi-
dent children born with Spina Bifida enrolled in approved  undergraduate
or graduate programs at degree granting institutions. For the purpose of
this  section, "Vietnam veteran" shall mean a person who served in Indo-
china at any time from the [twenty-second] TWENTY-EIGHTH day of  [Decem-
ber]  FEBRUARY, nineteen hundred sixty-one, to and including the seventh
day of May, nineteen hundred seventy-five and was  honorably  discharged
from  the  armed  forces  of the United States; "born with Spina Bifida"
shall mean a diagnosis at birth of such disease inclusive of all  forms,

S. 4923--B                          3

manifestations, complications and associated medical conditions thereof,
but  shall  not include Spina Bifida Occulta. Such diagnosis shall be in
accordance with the provisions of the federal Spina Bifida  program  and
shall  be  documented  by  the United States Administration of Veterans'
Affairs.
  S 3. Paragraphs (a), (c) and (d) of subdivision 2 of section  1000  of
the  retirement  and social security law, as added by chapter 548 of the
laws of 2000, are amended and a new paragraph (e) is added  to  read  as
follows:
  (a)  hostilities  participated in by the military forces of the United
States in Lebanon, from the [first] TWENTY-FIRST day of  [June]  AUGUST,
nineteen hundred [eighty-three] EIGHTY-TWO 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;
  (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[.] ;
OR
  (E) ANY OTHER HOSTILITIES OR PERIOD OF  WAR  PARTICIPATED  IN  BY  THE
MILITARY  FORCES  OF THE UNITED STATES IN SUCH LOCATIONS AND DURING SUCH
PERIODS OF TIME AS SHALL BE DETERMINED FROM TIME TO TIME BY THE  FEDERAL
DEPARTMENT OF DEFENSE OR THE UNITED STATES CONGRESS.
  S 4. Subparagraph 5 of paragraph (c) of subdivision 1 of section 85 of
the  civil  service law, as added by chapter 467 of the laws of 1991, is
amended and a new subparagraph 9 is added to read as follows:
  (5) Hostilities participated in by the military forces of  the  United
States  in  Lebanon, from the [first] TWENTY-FIRST day of [June] AUGUST,
nineteen hundred [eighty-three] EIGHTY-TWO 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.
  (9) ANY OTHER HOSTILITIES OR PERIOD OF  WAR  PARTICIPATED  IN  BY  THE
MILITARY  FORCES  OF THE UNITED STATES IN SUCH LOCATIONS AND DURING SUCH
PERIODS OF TIME AS SHALL BE DETERMINED FROM TIME TO TIME BY THE  FEDERAL
DEPARTMENT OF DEFENSE OR THE UNITED STATES CONGRESS.
  S  5.  Subdivision  1  of  section  168 of the social services law, as
amended by chapter 467 of the laws  of  1991,  is  amended  to  read  as
follows:
  1. Veteran means a person, male or female, who has served in the armed
forces  of  the  United States in time of war, or who was a recipient of
the armed forces expeditionary medal, navy expeditionary medal or marine
corps expeditionary medal for participation  in  operations  in  Lebanon
from  [June  first,  nineteen hundred eighty-three] AUGUST TWENTY-FIRST,
NINETEEN HUNDRED EIGHTY-TWO to December first, nineteen hundred  eighty-
seven,  in  Grenada  from October twenty-third, nineteen hundred eighty-
three to November twenty-first, nineteen  hundred  eighty-three,  or  in
Panama  from December twentieth, nineteen hundred eighty-nine to January

S. 4923--B                          4

thirty-first, nineteen  hundred  ninety,  and  who  has  been  honorably
discharged  or  released under honorable circumstances from such service
or furloughed to the reserve.
  S  6.    Subdivision  2  of  section 168 of the social services law is
amended by adding a new paragraph 9 to read as follows:
  (9) ANY OTHER PERIOD OF WAR  OR  HOSTILITIES  IN  SUCH  LOCATIONS  AND
DURING  SUCH PERIODS OF TIME AS SHALL BE DETERMINED FROM TIME TO TIME BY
THE FEDERAL DEPARTMENT OF DEFENSE OR THE UNITED STATES CONGRESS.
  S 7. Section 63 of the public officers law, as amended by chapter  179
of the laws of 2006, is amended to read as follows:
  S 63. Leave of absence for veterans on Memorial day and Veterans' day.
It shall be the duty of the head of every public department and of every
court  of  the  state of New York, of every superintendent or foreman on
the public works of said state, of the county officers  of  the  several
counties  of  said  state,  of the town officers of the various towns in
this state, of the fire district officers of the various fire  districts
in this state, and of the head of every department, bureau and office in
the government of the various cities and villages in this state, and the
officers  of  any  public benefit corporation or any public authority of
this state, or of any public benefit corporation or public authority  of
any  county  or subdivision of this state, to give leave of absence with
pay for twenty-four hours on the day prescribed by law as a public holi-
day for the observance of Memorial day and on the eleventh day of Novem-
ber, known as Veterans' day, to every  person  in  the  service  of  the
state, the county, the town, the fire district, the city or village, the
public  benefit  corporation  or  public authority of this state, or any
public benefit corporation or public authority of any county or subdivi-
sion of this state, as the case may be, (i) who served on active duty in
the armed forces of the United States during world war I  or  world  war
II,  or who was employed by the War Shipping Administration or Office of
Defense Transportation or their agents as a merchant  seaman  documented
by  the  United  States  Coast  Guard or Department of Commerce, or as a
civil servant employed by  the  United  States  Army  Transport  Service
(later  redesignated  as  the  United  States Army Transportation Corps,
Water Division) or the Naval  Transportation  Service;  and  who  served
satisfactorily  as  a  crew  member during the period of armed conflict,
December seventh, nineteen hundred forty-one, to August fifteenth, nine-
teen hundred forty-five, aboard merchant vessels  in  oceangoing,  i.e.,
foreign,  intercoastal,  or  coastwise service as such terms are defined
under federal law (46 USCA 10301 & 10501) and further to  include  "near
foreign"  voyages  between  the United States and Canada, Mexico, or the
West Indies via ocean routes, or public vessels in oceangoing service or
foreign waters  and  who  has  received  a  Certificate  of  Release  or
Discharge  from Active Duty and a discharge certificate, or an Honorable
Service Certificate/Report of Casualty, from the Department of  Defense,
or who served as a United States civilian employed by the American Field
Service and served overseas under United States Armies and United States
Army  Groups in world war II during the period of armed conflict, Decem-
ber seventh, nineteen hundred forty-one  through  May  eighth,  nineteen
hundred  forty-five,  and who was discharged or released therefrom under
honorable conditions, or who served as a United States  civilian  Flight
Crew  and Aviation Ground Support Employee of Pan American World Airways
or one of its subsidiaries or its affiliates and served  overseas  as  a
result  of  Pan  American's contract with Air Transport Command or Naval
Air Transport Service during the  period  of  armed  conflict,  December
fourteenth,  nineteen hundred forty-one through August fourteenth, nine-

S. 4923--B                          5

teen hundred forty-five, and who was discharged  or  released  therefrom
under  honorable conditions, or during the period of the Korean conflict
at any time between the dates of June twenty-seventh,  nineteen  hundred
fifty  and  January thirty-first, nineteen hundred fifty-five, or during
the period of the Vietnam conflict from the twenty-eighth day of  Febru-
ary,  nineteen  hundred  sixty-one  to  the seventh day of May, nineteen
hundred seventy-five, or (ii) who served on active  duty  in  the  armed
forces  of the United States and who was a recipient of the armed forces
expeditionary medal, navy expeditionary medal or  marine  corps  expedi-
tionary  medal  for  participation  in  operations in Lebanon from [June
first, nineteen  hundred  eighty-three]  AUGUST  TWENTY-FIRST,  NINETEEN
HUNDRED  EIGHTY-TWO to December first, nineteen hundred eighty-seven, in
Grenada from October  twenty-third,  nineteen  hundred  eighty-three  to
November  twenty-first,  nineteen  hundred  eighty-three, [or] in Panama
from December twentieth, nineteen hundred eighty-nine to  January  thir-
ty-first,  nineteen hundred ninety, OR DURING ANY OTHER PERIOD OF WAR OR
HOSTILITIES IN SUCH LOCATIONS AND DURING SUCH PERIODS OF TIME  AS  SHALL
BE  DETERMINED FROM TIME TO TIME BY THE FEDERAL DEPARTMENT OF DEFENSE OR
THE UNITED STATES CONGRESS, or (iii) who served in the armed forces of a
foreign country allied with the United States  during  world  war  I  or
world  war  II,  or during the period of the Korean conflict at any time
between June twenty-seventh, nineteen hundred fifty and January  thirty-
first,  nineteen hundred fifty-five, or during the period of the Vietnam
conflict from  the  twenty-eighth  day  of  February,  nineteen  hundred
sixty-one  to  the seventh day of May, nineteen hundred seventy-five, or
during the period of the Persian Gulf conflict from the  second  day  of
August,  nineteen  hundred  ninety  to  the end of such conflict, or who
served on active duty in the army or navy or marine corps or  air  force
or coast guard of the United States, and who was honorably discharged or
separated  from  such  service  under honorable conditions, except where
such action would endanger the public safety or the safety or health  of
persons  cared  for  by  the state, in which event such persons shall be
entitled to leave of absence with pay on another day  in  lieu  thereof.
All such persons who are compensated on a per diem, hourly, semi-monthly
or monthly basis, with or without maintenance, shall also be entitled to
leave  of  absence  with pay under the provisions of this section and no
deduction in vacation allowance or budgetary allowable number of working
days shall be made in lieu thereof. A refusal  to  give  such  leave  of
absence to one entitled thereto shall be neglect of duty.
  S  8. Notwithstanding any other provisions of law to the contrary, any
provisions of law which grant benefits or eligibility  to  veterans  who
served  in  the armed forces of the United States during a period of war
or hostilities, such period shall include any additional period  of  war
or  hostilities  in  such  locations  and during such periods of time as
shall be determined from time to  time  by  the  federal  Department  of
Defense of the United States Congress.
  S 9. This act shall take effect immediately.
  FISCAL  NOTE.--This  bill  would extend the benefits of Chapter 548 of
the Laws of 2000 to members of public retirement  systems  in  New  York
State  who  rendered  military  service during the period of conflict in
Lebanon from 8/20/82-12/1/87. Currently, the period  is  defined  to  be
6/1/83-12/1/87.  Affected  members may purchase up to a maximum of three
years of military 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

S. 4923--B                          6

required  to  make a payment of six percent of their most recent compen-
sation 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 current members as  well  as  future  members  who
could be affected by this legislation cannot be readily determined.
  ERS Costs: Pursuant to Section 25 of the Retirement and Social Securi-
ty  Law,  the  increased 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, applies for the service credit. Every
year a cost will be determined (and billed to the state) based on  those
benefiting from this provision.
  PFRS  Cost:  These  costs would be shared by the State of New York and
the participating employers in the PFRS.
  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 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 February 12,  2013  and  intended  for  use  only
during  the  2013  Legislative  Session,  is  Fiscal  Note  No. 2013-81,
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.

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