senate Bill S5807

Amended

Relates to additional credit for military service for disabled veterans

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 17 / Jun / 2013
    • REFERRED TO RULES
  • 20 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1546
  • 20 / Jun / 2013
    • PASSED SENATE
  • 20 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 20 / Jun / 2013
    • REFERRED TO WAYS AND MEANS
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
  • 04 / Feb / 2014
    • REPORTED AND COMMITTED TO FINANCE
  • 04 / Feb / 2014
    • AMEND AND RECOMMIT TO FINANCE
  • 04 / Feb / 2014
    • PRINT NUMBER 5807A

Summary

Allows certain retirement system members who were honorably discharged from the military with at least 5 years of active service, and who are now receiving a federal government sponsored disability benefit, to purchase up to an additional 18 months of service credit for military duty.

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Bill Details

See Assembly Version of this Bill:
A7942
Versions:
S5807
S5807A
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
Retirement and Social Security Law
Laws Affected:
Amd ยง1000, R & SS L

Sponsor Memo

BILL NUMBER:S5807

TITLE OF BILL: An act to amend the retirement and social security
law, in relation to additional credit for military service for
disabled veterans

PURPOSE: This legislation create a second tier of military service
credits for those veterans who served five or more years and are
receiving a federal government sponsored disability benefit.

SUMMARY OF PROVISIONS: This bill would amend Chapter 548 of the Laws
of 2000 to allow certain members who were honorably discharged from
the military with at least 5 years of active duty, who are now
receiving a federal government sponsored disability benefit to
purchase up to an additional eighteen (18) months of service credit.
The additional service credits granted pursuant to this legislation
when added to credit granted for military service pursuant to any
other provision of law shall not exceed 4.5 years

JUSTIFICATION: This legislation attempts to compensation disabled
members who served their nation for five or more years and received an
honorable discharge for their service with the reward of being able to
buy additional pension time in their retirement system. It is only
fitting and proper that these American Patriots be treated in this
manner.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: See 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
________________________________________________________________________

                                  5807

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 17, 2013
                               ___________

Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the retirement and social security law, in  relation  to
  additional credit for military service for disabled veterans

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

  Section 1. Subdivision 5 of section 1000 of the retirement and  social
security  law,  as  added by chapter 548 of the laws of 2000, is amended
and a new subdivision 2-a is added to read as follows:
  2-A. IN ADDITION TO THE CREDIT PERMITTED UNDER  SUBDIVISIONS  ONE  AND
TWO  OF  THIS  SECTION,  A  MEMBER,  UPON APPLICATION TO SUCH RETIREMENT
SYSTEM, MAY OBTAIN ADDITIONAL CREDIT NOT TO EXCEED  EIGHTEEN  MONTHS  OF
SERVICE  CREDIT  FOR  MILIARY  DUTY,  AS  DEFINED IN SECTION TWO HUNDRED
FORTY-THREE OF THE MILITARY LAW, IF HONORABLY DISCHARGED  THEREFROM,  IF
SUCH  MEMBER  HAS  AT  LEAST  FIVE  YEARS OF ACTIVE MILITARY DUTY AND IS
RECEIVING A FEDERAL GOVERNMENT SPONSORED DISABILITY  BENEFIT  INCLUDING,
BUT NOT LIMITED TO SOCIAL SECURITY DISABILITY RETIREMENT. TO OBTAIN SUCH
CREDIT,  A  MEMBER  SHALL PAY SUCH RETIREMENT SYSTEM, FOR DEPOSIT IN THE
FUND USED TO ACCUMULATE EMPLOYER  CONTRIBUTIONS,  A  SUM  EQUAL  TO  THE
AMOUNT REQUIRED AS SET FORTH IN SUBDIVISION FOUR OR TEN OF THIS SECTION,
AS APPLICABLE.
  5. [In] EXCEPT AS PROVIDED IN SUBDIVISION TWO-A OF THIS SECTION, 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.
  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.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11363-02-3

S. 5807                             2

  This bill would amend Chapter 548 of the Laws of 2000 to allow certain
members who were honorably discharged from the military with at least  5
years  of  active duty, who are not receiving a federal government spon-
sored disability benefit, to purchase up to an additional 18  months  of
service  credit  for military duty. Such military duty is not restricted
to the theater of operations, receipt of an expeditionary medal or peri-
ods of conflict which  are  required  by  current  law.  The  additional
service credit granted pursuant to this legislation, when added to cred-
it  granted  for military service pursuant to any other provision of law
shall not exceed a total of four and a half (4.5)  years.  Members  must
have  at  least  five  (5) years of credited 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  6
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.
  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.
  PFRS Costs: 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  and  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 June 7, 2013 and intended for use only during the
2013  Legislative  Session, is Fiscal Note No. 2013-160, 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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