senate Bill S4923C

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:
A7687B
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

Votes

Sponsor Memo

BILL NUMBER:S4923C

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--C

                       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 -- recommitted to the Committee on Veterans, Home-
  land Security and Military Affairs in accordance with Senate  Rule  6,
  sec.  8  --  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08442-07-4

S. 4923--C                          2

training) in the armed forces of the United States during part of one of
the following periods:
  (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

S. 4923--C                          3

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,
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

S. 4923--C                          4

Panama from December twentieth, nineteen hundred eighty-nine to  January
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

S. 4923--C                          5

fourteenth,  nineteen hundred forty-one through August fourteenth, nine-
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 or 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 are in the military during any hostility or period of  war  as
determined  by  the  federal  Department of Defense or the United States
Congress. In addition, this bill amends the eligibility dates for  mili-
tary  service  rendered  during  the  period of conflict in Lebanon from
8/21/82- 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

S. 4923--C                          6

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  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 Costs: These costs would be shared by the State of New  York  and
the participating employers in the PFRS.
  Summary of relevant resources:
  The  membership  data  used  in  measuring  the impact of the proposed
change was the same as that used in the March 31, 2013  actuarial  valu-
ation.    Distributions  and  other  statistics can be found in the 2013
Report of the  Actuary  and  the  2013  Comprehensive  Annual  Financial
Report.
  The  actuarial assumptions and methods used are described in the 2010,
2011, 2012 and 2013  Annual  Report  to  the  Comptroller  on  Actuarial
Assumptions,  and  the  Codes  Rules and Regulations of the State of New
York: Audit and Control.
  The Market Assets and GASB Disclosures are found in the March 31, 2013
New York State and Local  Retirement  System  Financial  Statements  and
Supplementary. Information.
  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 20, 2014 and intended for use only during
the  2014  Legislative  Session, is Fiscal Note No. 2014-60, 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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