Senate Bill S4385

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

                                  4385

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 22, 2009
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions

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

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

  Section 1. Subdivisions 1 and 2 of section 1000 of the retirement  and
social  security  law,  as added by chapter 548 of the laws of 2000, are
amended to read as follows:
  1. A member, upon application to such retirement system, may obtain  a
total  not to exceed three years of service credit for up to three years
of military duty, as defined in section two hundred forty-three  of  the
military  law,  if the member was honorably discharged from the military
and all or part of such military service was rendered during the follow-
ing periods: (a) commencing December seventh, nineteen hundred forty-one
and terminating December thirty-first, nineteen hundred  forty-six;  (b)
commencing  June  twenty-seventh, nineteen hundred fifty and terminating
January thirty-first, nineteen hundred fifty-five; [or]  (c)  commencing
February  twenty-eighth,  nineteen hundred sixty-one and terminating May
seventh, nineteen hundred seventy-five; OR (D) COMMENCING AUGUST SECOND,
NINETEEN HUNDRED NINETY AND TERMINATING WITH THE  CESSATION  OF  HOSTIL-
ITIES 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.
  TO  QUALIFY FOR CREDIT PURSUANT TO PARAGRAPH (D) OF THIS SUBDIVISION A
MEMBER NEED ONLY HAVE RENDERED MILITARY SERVICE DURING  THE  PERIOD  SET
FORTH  IN  PARAGRAPH (D) OF THIS SUBDIVISION AND NEED NOT HAVE SERVED IN
THE ACTUAL THEATER OF OPERATIONS SET FORTH IN SUCH PARAGRAPH (D).
  2. A member, upon application to such retirement system, may obtain  a
total  not to exceed three years of service credit for up to three years

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05272-02-9
              

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of military duty, as defined in section two hundred forty-three  of  the
military  law, if honorably discharged therefrom, if all or part of such
services was rendered in the military  conflicts  referenced  below,  as
follows:
  (a)  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  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;
  (b) hostilities participated in by the military forces of  the  United
States  in  Grenada,  from  the  twenty-third  day  of October, nineteen
hundred eighty-three to  the  twenty-first  day  of  November,  nineteen
hundred  eighty-three,  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].
  S 2. This act shall take effect immediately.
  FISCAL NOTE -- Pursuant to Legislative Law, Section 50:
  This  bill  would  extend the benefits of Chapter 548, Laws of 2000 to
members of public retirement systems in  New  York  State  who  rendered
military  service  commencing  August  2,  1990 and terminating with the
cessation of hostilities 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. However, the total service credit
granted for any military service  shall  not  exceed  three  (3)  years.
Members must have at least five years of credited service (not including
military service).
  If this bill is enacted, insofar as this proposal affects the New York
State  and  Local  Employees' Retirement System (ERS), there would be an
estimated past service cost  which  would  exceed  10  percent  of  each
members'  salary  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), the cost per person would vary great-
ly. If a member purchases this additional service credit to enable imme-
diate  retirement,  the cost would exceed 30% of the member's salary for
each year of additional service credit that is purchased. For  a  member
on  a retirement plan which is capped after reaching a certain number of
years of service credit, there would be no benefit from this  additional
service credit if they will or already have reached the cap without this
service credit.
  If less than 2,000 members have such military service and will benefit
by  purchasing the service credit, there will be an estimated first year
cost of approximately $1.3 million  to  the  State  of  New  York,  $1.7
million  to  participating  employers  in  the  New York State and Local

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Employees' Retirement System  and  $0.8  million  to  the  participating
employers  in  the  New  York State and Local Police and Fire Retirement
System.
  In  addition  to  the above costs, there would be additional costs for
future members  of  the  Retirement  System's  who  have  such  military
service.
  This  estimate,  dated  April 9, 2009 and intended for use only during
the 2009 Legislative Session, is Fiscal Note No. 2009-201,  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.