S T A T E   O F   N E W   Y O R K
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                                  7995

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               May 1, 2009
                               ___________

Introduced  by  M.  of  A.  BARRA,  McDONOUGH,  BURLING -- read once and
  referred to the Committee on Governmental Employees

AN ACT to amend the retirement and social security law, in  relation  to
  credit for service in war after World War I

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

  Section 1. The retirement and social security law is amended by adding
a new section 46 to read as follows:
  S 46. CREDIT  FOR  SERVICE  IN  WAR  AFTER  WORLD  WAR  I;  RESIDENCY.
NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, NO MEMBER OF ANY RETIREMENT
SYSTEM OF THE STATE OF NEW YORK OR LOCAL PENSION SYSTEM SHALL BE  DENIED
CREDIT  FOR SERVICE IN WAR AFTER WORLD WAR I IN ANY RETIREMENT SYSTEM OF
THE STATE OF NEW YORK OR LOCAL PENSION SYSTEM DUE TO THE FAILURE OF SUCH
MEMBER TO BE A RESIDENT OF THE STATE  OF  NEW  YORK  AT  THE  TIME  SUCH
SERVICE  IN WAR AFTER WORLD WAR I WAS RENDERED.  SUCH CREDIT FOR SERVICE
IN WAR AFTER WORLD WAR I SHALL BE GRANTED TO  SUCH  NON-RESIDENT  MEMBER
CONSISTENT  WITH PROVISIONS OF THIS CHAPTER RELATED TO RESIDENT MEMBERS,
PROVIDED THAT SUCH CREDIT SHALL NOT EXCEED FIVE YEARS.   ANY PERSON  WHO
IS  ELIGIBLE  FOR  AN  INCREASE  IN HIS OR HER RETIREMENT ALLOWANCE AS A
RESULT OF THE APPLICATION OF  THIS  SECTION  SHALL  HAVE  SUCH  INCREASE
APPLIED  RETROACTIVELY TO THE LATER OF THE DATE OF HIS OR HER RETIREMENT
OR JANUARY FIRST, TWO THOUSAND.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after January 1, 2000.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This  bill  would  add  a  new Section 46 to the Retirement and Social
Security Law to provide that no member  or  retiree  of  any  retirement
system  of the State of New York shall be denied military service credit
for service in war after World War I due to the failure of  such  member
or  retiree to have been a resident of the State of New York at the time
such service was rendered. Any retired member who  was  denied  military

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07282-02-9
              

A. 7995                             2

service credit due to this residency requirement and is therefore eligi-
ble for an increase in benefit shall have such increase applied retroac-
tively to the later of their date of retirement or January 1, 2000.
  The  annual  cost  to  the  employers of members of the New York State
Teachers' Retirement System is estimated to be $3.3 million or  .02%  of
payroll if this bill is enacted.
  The  source  of  this  estimate is Fiscal Note 2009-37 dated March 20,
2009 prepared by the Actuary of the New York State Teachers'  Retirement
System and is intended for use only during the 2009 Legislative Session.