S. 1367 2
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] DECEMBER
THIRTY-FIRST, nineteen hundred [forty-five] FORTY-SIX, 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 subsid-
iaries or its affiliates and served overseas as a result of Pan Ameri-
can'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, nineteen hundred forty-
five, and who was discharged or released therefrom under honorable
conditions, and who was a teacher in the public schools of this state at
the time of his entrance into the armed forces of the United States,
provided no compensation was received under the provisions of section
two hundred forty-two of the military law, and who returned to public
school teaching following discharge or completion of advanced education
provided under servicemen's readjustment act of nineteen hundred forty-
four, or who following such discharge or release entered into a service
which would qualify him pursuant to section forty-three of the retire-
ment and social security law to transfer his membership in the New York
state teachers' retirement system, shall be provided as follows, any
provisions of section two hundred forty-three of the military law to the
contrary notwithstanding.
S 2. Paragraph (b) of subdivision 1 of section 243 of the military
law, as amended by chapter 248 of the laws of 2001, is amended to read
as follows:
(b) The term "military duty" shall mean military service in the mili-
tary, naval, aviation or marine service of the United States subsequent
to July first, nineteen hundred forty, or service under the selective
training and service act of nineteen hundred forty, or the national
guard and reserve officers mobilization act of nineteen hundred forty,
or any other act of congress supplementary or amendatory thereto, or any
similar act of congress hereafter enacted and irrespective of the fact
that such service was entered upon following a voluntary enlistment
therefor or was required under one of the foregoing acts of congress, or
service with the United States public health service as a commissioned
officer, or service with the American Red Cross while with the armed
forces of the United States on foreign service, or service with the
special services section of the armed forces of the United States on
foreign service, or service in the merchant marine which shall consist
of service as an officer or member of the crew on or in connection with
a vessel documented under the laws of the United States or a vessel
owned by, chartered to, or operated by or for the account or use of the
government of the United States, or service by one 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 Transpor-
S. 1367 3
tation Service; and who served satisfactorily as a crew member during
the period of armed conflict, December seventh, nineteen hundred forty-
one, to [August fifteenth] DECEMBER THIRTY-FIRST, nineteen hundred
[forty-five] FORTY-SIX, 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] DECEMBER
THIRTY-FIRST, nineteen hundred [forty-five] FORTY-SIX, 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 subsid-
iaries or its affiliates and served overseas as a result of Pan Ameri-
can'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, nineteen hundred forty-
five, and who was discharged or released therefrom under honorable
conditions; or service in police duty on behalf of the United States
government in a foreign country, if such person is a police officer, as
defined by section 1.20 of the criminal procedure law, and if such
police officer obtained the prior consent of his or her public employer
to absent himself or herself from his or her position to engage in the
performance of such service; or as an enrollee in the United States
maritime service on active duty and, to such extent as may be prescribed
by or under the laws of the United States, any period awaiting assign-
ment to such service and any period of education or training for such
service in any school or institution under the jurisdiction of the
United States government, but shall not include temporary and intermit-
tent gratuitous service in any reserve or auxiliary force. It shall
include time spent in reporting for and returning from military duty and
shall be deemed to commence when the public employee leaves his position
and to end when he is reinstated to his position, provided such rein-
statement is within ninety days after the termination of military duty,
as hereinafter defined. Notwithstanding the foregoing provisions of
this paragraph, the term "military duty" shall not include any of the
foregoing services entered upon voluntarily on or after January first,
nineteen hundred forty-seven and before June twenty-fifth, nineteen
hundred fifty; and, on or after July first, nineteen hundred seventy,
the term "military duty" shall not include any voluntary service in
excess of four years performed after that date, or the total of any
voluntary services, additional or otherwise, in excess of four years
performed after that date, shall not exceed five years, if the service
in excess of four years is at the request and for the convenience of the
federal government, except if such voluntary service is performed during
a period of war, or national emergency declared by the president.
S 3. Subdivision 31 of section 2 of the retirement and social security
law, as amended by chapter 616 of the laws of 1995, is amended to read
as follows:
S. 1367 4
31. "Service in world war II." (1) Military service during the period
commencing July first, nineteen hundred forty, and terminating December
thirty-first, nineteen hundred forty-six, as a member of the armed forc-
es of the United States, or service by one 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 peri-
od of armed conflict, December seventh, nineteen hundred forty-one, to
[August fifteenth] DECEMBER THIRTY-FIRST, nineteen hundred [forty-five]
FORTY-SIX, aboard merchant vessels in oceangoing, i.e., foreign, inter-
coastal, 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
service by one 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, December seventh, nineteen hundred forty-one through [May
eighth] DECEMBER THIRTY-FIRST, nineteen hundred [forty-five] FORTY-SIX,
and who was discharged or released therefrom under honorable conditions,
or service by one 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 Trans-
port 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 or of any person who:
a. Has been honorably discharged or released therefrom under honorable
circumstances, and
b. Was a resident of this state at the time of his entrance into such
armed forces, or, if not a resident of this state at that time, was then
or thereafter became an employee of a participating employer created by
and deriving its powers from an agreement between this state and any
other state and was a resident of such other state at the time of his
entrance into such armed forces, and
c. Was either a member of the retirement system and an employee of the
state or of a participating employer at the time he entered such armed
forces or became such employee and such member while in such armed forc-
es on or before July first, nineteen hundred forty-eight, or became such
employee while in such armed forces and subsequently became such member
on or before July first, nineteen hundred forty-eight, or was an employ-
ee of an employer which was not a participating employer at the time he
entered such armed forces but which elected to become a participating
employer while he was absent on military duty, or was an employee of the
state or of a participating employer or was a teacher as defined in
article eleven of the education law at the time of his entrance into the
armed forces and became a member of the retirement system subsequent to
separation or discharge from the armed services, and
S. 1367 5
d. Returned to the employment of the state or a participating employ-
er, within one year following discharge or release or completion of
advanced education provided under the servicemen's readjustment act of
nineteen hundred forty-four, certified on a world war II military
service certificate, and allowable as provided in section forty-one of
this article. Such service shall not include any periods during which
civil compensation was received by the member under the provisions of
section two hundred forty-two of the military law, or section six of
chapter six hundred eight of the laws of nineteen hundred fifty-two; or
(2) Military service, not in excess of three years and not otherwise
creditable under paragraph one hereof, rendered on active duty in the
armed forces of the United States during the period commencing July
first, nineteen hundred forty, and terminating December thirty-first,
nineteen hundred forty-six, or service by one 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 peri-
od of armed conflict, December seventh, nineteen hundred forty-one, to
[August fifteenth] DECEMBER THIRTY-FIRST, nineteen hundred [forty-five]
FORTY-SIX, aboard merchant vessels in oceangoing, i.e., foreign, inter-
coastal, 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
service by one 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, December seventh, nineteen hundred forty-one through [May
eighth] DECEMBER THIRTY-FIRST, nineteen hundred [forty-five] FORTY-SIX,
and who was discharged or released therefrom under honorable conditions,
or service by one 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 Trans-
port 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, by a person who was a resident of New York state at the time
of entry into such service and at the time of being discharged therefrom
under honorable circumstances, or, if not a resident of this state at
such times was then or thereafter became an employee of a participating
employer created by and deriving its powers from an agreement between
this state and any other state, and was a resident of such other state
at the time of entry into and discharge from such service, and who makes
the payments required by subdivision k of section forty-one of this
article.
However, no military service shall be creditable under this paragraph
two in the case of a member under an existing plan permitting retirement
upon twenty years of creditable service who is receiving a federal
pension (other than for disability) based upon a minimum of twenty years
S. 1367 6
of full time active military service in the armed forces of the United
States nor shall any military service be creditable in the case of a
member under any other plan who is receiving a military pension (other
than for disability) for military service in the armed forces of the
United States.
S 4. Subdivision 31 of section 302 of the retirement and social secu-
rity law, as amended by chapter 616 of the laws of 1995, is amended to
read as follows:
31. "Service in world war II." (1) Military service during the period
commencing July first, nineteen hundred forty, and terminating December
thirty-first, nineteen hundred forty-six, as a member of the armed forc-
es of the United States, or service by one 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 peri-
od of armed conflict, December seventh, nineteen hundred forty-one, to
[August fifteenth] DECEMBER THIRTY-FIRST, nineteen hundred [forty-five]
FORTY-SIX, aboard merchant vessels in oceangoing, i.e., foreign, inter-
coastal, 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
service by one 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, December seventh, nineteen hundred forty-one through [May
eighth] DECEMBER THIRTY-FIRST, nineteen hundred [forty-five] FORTY-SIX,
and who was discharged or released therefrom under honorable conditions,
or service by one 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 Trans-
port 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, or of any person who:
a. Has been honorably discharged or released therefrom under honorable
circumstances, and
b. Was a resident of this state at the time of his entrance into such
armed forces, or, if not a resident of this state at that time, was then
or thereafter became an employee of a participating employer created by
and deriving its powers from an agreement between this state and any
other state and was a resident of such other state at the time of his
entrance into such armed forces, and
c. Was either a member of the New York state and local employees'
retirement system and an employee of the state or of a participating
employer of such system at the time he entered such armed forces or
became such employee and such member while in such armed forces on or
before July first, nineteen hundred forty-eight, or became such employee
while in such armed forces and subsequently became such member on or
S. 1367 7
before July first, nineteen hundred forty-eight, or was an employee of
an employer which was not a participating employer at the time he
entered such armed forces but which elected to become a participating
employer while he was absent on military duty, or was an employee of the
state or of a participating employer or was a teacher as defined in
article eleven of the education law at the time of his entrance into the
armed forces and became a member of the policemen's and firemen's
retirement system subsequent to separation or discharge from the armed
services, and
d. Returned to the employment of the state or a participating employ-
er, within one year following discharge or release or completion of
advanced education provided under the servicemen's readjustment act of
nineteen hundred forty-four, certified on a world war II military
service certificate, and allowable as provided in section forty-one of
this article. Such service shall not include any periods during which
civil compensation was received by the member under the provisions of
section two hundred forty-two of the military law, or section six of
chapter six hundred eight of the laws of nineteen hundred fifty-two; or
(2) Military service, not in excess of three years and not otherwise
creditable under paragraph one hereof, rendered on active duty in the
armed forces of the United States during the period commencing July
first, nineteen hundred forty, and terminating December thirty-first,
nineteen hundred forty-six, or service by one 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 peri-
od of armed conflict, December seventh, nineteen hundred forty-one, to
[August fifteenth] DECEMBER THIRTY-FIRST, nineteen hundred [forty-five]
FORTY-SIX, aboard merchant vessels in oceangoing, i.e., foreign, inter-
coastal, 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
service by one 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, December seventh, nineteen hundred forty-one through [May
eighth] DECEMBER THIRTY-FIRST, nineteen hundred [forty-five] FORTY-SIX,
and who was discharged or released therefrom under honorable conditions,
or service by one 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 Trans-
port 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, or by a person who was a resident of New York state at the
time of entry into such service and at the time of being discharged
therefrom under honorable circumstances, or, if not a resident of this
state at such times was then or thereafter became an employee of a
S. 1367 8
participating employer created by and deriving its powers from an agree-
ment between this state and any other state, and was a resident of such
other state at the time of entry into and discharge from such service,
and who makes the payments required by subdivision k of section three
hundred forty-one of this chapter.
However, no military service shall be creditable under this paragraph
two in the case of a member under an existing plan permitting retirement
upon twenty years of creditable service who is receiving a federal
pension (other than for disability) based upon a minimum of twenty years
of military service in the armed forces of the United States nor shall
such military service be creditable in the case of a member under any
other plan who is receiving a military pension (other than for disabili-
ty) for such service.
S 5. Paragraph (a) of subdivision 4-a of section 458 of the real prop-
erty tax law, as amended by chapter 616 of the laws of 1995, is amended
to read as follows:
(a) by a person 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] DECEMBER THIRTY-FIRST, nineteen hundred [forty-five]
FORTY-SIX, aboard merchant vessels in oceangoing, i.e., foreign, inter-
coastal, 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;
S 6. Subparagraph (ii) of paragraph (e) of subdivision 1 of section
458-a of the real property tax law, as amended by chapter 384 of the
laws of 2008, is amended to read as follows:
(ii) 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]
DECEMBER THIRTY-FIRST, nineteen hundred [forty-five] FORTY-SIX, aboard
merchant vessels in oceangoing, i.e., foreign, intercoastal, or coast-
wise 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,
S 7. This act shall take effect immediately.
