NY State Senate Bill 2009-S5747

Senate Bill S5747

2009-2010 Legislative Session

Authorizes military pay to certain employees of the New York city health and hospitals corporation

download bill text pdf

Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to veterans, homeland security and military affairs
Jun 03, 2009	referred to veterans, homeland security and military affairs

2009-S5747 (ACTIVE) - Details

See Assembly Version of this Bill:: A8500
Current Committee:: Senate Veterans, Homeland Security And Military Affairs
Law Section:: Military Law
Laws Affected:: Amd §242, Mil L

2009-S5747 (ACTIVE) - Summary

Authorizes military pay to certain employees of the New York city health and hospitals corporation.

2009-S5747 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5747

 TITLE OF BILL :
An act to amend the military law, in relation to pay for certain
employees of the New York city health and hospitals corporation


 PURPOSE OR GENERAL IDEA OF BILL :
This legislation would extend the Public Servant Soldier Salary Act to
employees of the New York City Health and Hospitals Corporation. The
current law covers employees of a city with a population of one
million, but does not apply to New York City Health and Hospitals
Corporation, which is a public benefit corporation. By adding the New
York City Health and Hospitals Corporation, this bill gives City
hospital employees serving in the military the same protections as
other city workers.

 SUMMARY OF SPECIFIC PROVISIONS :
Subdivision 5-a of section 242 of the military law is amended to
include New York City Health and Hospitals Corporation.

 JUSTIFICATION :
The Public Servant Soldier Salary Act was enacted to ensure that City
employees serving in the United States Armed Forces were not subject
to unreasonable debt upon their return. Prior to the Public Servant
Soldier Salary Act mobilized City employees received their full

civilian salary while deployed but were required to repay the lesser
of their civilian or military salary to the City upon their return.
However, one result of the City's old repayment system was that
service members were hit with staggering bills from the City on their
return home.

The Public Servant Soldier Salary Act eliminated the City's
"repayment" system altogether and replaced it with a true differential
payment system whereby mobilized employees receive the difference
between their civilian and military salaries during the period of
their deployment, so returning employees do not have to repay any
amount to the City at the conclusion of their mobilization.

Currently, the Public Servant Soldier Salary Act does not cover those
in the New York City Health and Hospitals Corporation even though
employees from the Health and Hospitals Corporation do serve in
America's Armed Forces and are still subject to the former system.
Therefore, it is necessary to extend the protections of the Public
Servant Soldier Salary Act so that returning veterans from New York
City Health and Hospitals Corporation are also paid a differential
during their deployment so that they are not forced to repay the City
upon their return.

 PRIOR LEGISLATIVE HISTORY :
2009 Session: New Bill

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S5747 (ACTIVE) - Bill Text download pdf

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

                                  5747

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 3, 2009
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs

AN ACT to amend the military law, in relation to pay for certain employ-
  ees of the New York city health and hospitals corporation

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

  Section  1.  Subdivision  5-a  of  section 242 of the military law, as
added by chapter 238 of the laws of 2008, subparagraph (ii) of paragraph
(b) and the opening paragraph of paragraph (e) as amended by chapter 240
of the laws of 2008, is amended to read as follows:
  5-a. Pay for employees of a city with a population of one  million  or
more. This subdivision shall govern the calculation of compensation and,
where applicable, repayment of same by public officers or employees of a
city  with  a  population of one million or more OR WHO ARE EMPLOYEES OF
THE NEW YORK CITY HEALTH AND HOSPITALS CORPORATION who  are  engaged  in
the performance of ordered military duty, including time spent traveling
to  and  returning from such duty. In any conflict between this subdivi-
sion and any other provision of law with respect to such public  servant
soldiers, this subdivision shall be controlling.
  (a) Definitions. As used in this subdivision:
  (i)  "Base pay of city salary" means the base pay received by a public
officer or employee from employment by a city. For public  officers  and
employees  who, prior to the effective date of this subdivision, elected
to participate in a "full pay/repayment plan",  have  returned  to  city
employment  from  ordered military duty as of the effective date of this
subdivision and are, on the effective date of this  subdivision,  public
officers  or  employees, the base pay of city salary shall be calculated
by the implementing agency as the salary received by the public  servant
soldier  as  of  the  effective  date of this subdivision or the date of
return to city service, whichever is later.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11211-01-9

S. 5747                             2

  For public officers and employees who, prior to the effective date  of
this  subdivision, elected to participate in a "full pay/repayment plan"
and who return to city employment from ordered military duty  after  the
effective date of this subdivision, the base pay of city salary shall be
calculated on the date of return to city employment.
  For  public officers and employees who, prior to the effective date of
this subdivision, elected to participate in a "full pay/repayment  plan"
and  who  have, by the effective date of this subdivision, already sepa-
rated from city employment in a manner other  than  by  retirement,  and
except  where  the  implementing agency shall determine the existence of
hardship, the base pay of city salary shall be calculated as the  salary
received by the public servant soldier as of the date of separation from
city service.
  For  public officers and employees who, prior to the effective date of
this subdivision, elected to participate in a "full pay/repayment  plan"
and  who separate from city employment in a manner other than retirement
after the effective date of  this  subdivision,  and  except  where  the
implementing  agency shall determine the existence of hardship, the base
pay of city salary shall be calculated as the  salary  received  by  the
public servant soldier as of the date of return to city service.
  (ii)  "Balloon  payment" means the payment required for full satisfac-
tion of any remaining outstanding repayment obligation after  ten  years
from the date of return from ordered military duty pursuant to paragraph
(e) of this subdivision.
  (iii) "City" means a city with a population of one million or more.
  (iv) "City salary" means the gross salary received by a public officer
or  employee  from  employment  by  a city, before taxes, deductions, or
court-ordered payments, required or voluntary; but excluding payments by
a city as employer for health, pension, and other benefits.
  (v) "Covered operation" means those military operations designated  by
the  federal  government  of the United States, in support of "Operation
Enduring Freedom", "Operation Iraqi Freedom", "Operation  Noble  Eagle",
or  successors  thereto, or operations specifically connected by federal
designation, action or implication with homeland  security.  The  imple-
menting  agency  may make such additional designations on a case-by-case
basis as it shall deem, in its discretion, to be  in  keeping  with  the
spirit and intent of this subdivision.
  (vi)  "Differential  pay"  means  the pay calculated as the difference
between a public servant soldier's  military  salary  and  city  salary,
where the military salary is less than the city salary.
  (vii)  "Full  pay/repayment  plan" means a salary and benefits plan in
effect in a city prior to the effective date of this subdivision whereby
a public servant soldier elected to receive city salary while  on  mili-
tary  duty,  but  is required to repay the lesser of such city salary or
military salary to a city upon return from military duty.
  (viii) "Implementing agency" means an agency of a city, as  designated
by  the  mayor  of such city in writing, that is authorized to implement
the provisions of this subdivision.
  (ix) "Military salary" means the gross salary paid by  the  government
of  the  United  States to a public servant soldier for ordered military
duty in the armed forces of the United States in a covered operation, as
further defined by the implementing agency, provided that such  military
pay  shall  be  calculated  without  regard  to such extra or additional
stipends as hazard pay, housing or food  allowances,  or  other  similar
additions.

S. 5747                             3

  (x)  "Public  officer"  or  "employee"  means  a  public officer or an
employee of a city OR AN EMPLOYEE OF THE NEW YORK CITY HEALTH AND HOSPI-
TALS CORPORATION.
  (xi) "Public servant soldier" means a public officer [or], employee of
a  city  OR AN EMPLOYEE OF THE NEW YORK CITY HEALTH AND HOSPITALS CORPO-
RATION performing ordered military duty in  connection  with  a  covered
operation.
  (b)  The  mayor of a city shall designate an agency of such city to be
the implementing agency that will administer and implement this subdivi-
sion.  The implementing agency is hereby authorized to and shall:
  (i) provide for the continuation of health insurance benefits, to  the
public  servant  soldier and to such public servant soldier's family, if
the family had been included in such coverage prior to the public  serv-
ant  soldier  beginning  ordered military duty, under the same terms and
conditions as applied to such public servant soldier  prior  to  leaving
city employment for ordered military duty; and
  (ii)  provide  for hardship under certain conditions determined by the
implementing agency for public servant soldiers who elected  to  partic-
ipate in a "full pay/repayment plan". Such conditions shall include, but
shall  not  be limited to, any material unforeseen or compelling changes
in circumstances affecting a public servant soldier's ability  to  repay
that  occurred  since such public servant soldier elected to participate
in the "full pay/repayment plan," including but not limited to  injuries
sustained  while  on  ordered  military  duty, or a determination by the
implementing agency that the public servant soldier is or will be  expe-
riencing  severe  economic  hardship  due  to a change in circumstances.
Relief may include an extension of the repayment term or a reduction  in
the  percentage  of  salary dedicated to repayment, or a modification to
the requirement for a balloon payment. Such determinations  of  economic
hardship may be made on a case-by-case basis, and the implementing agen-
cy  may  require the provision of such information by the public servant
soldier as it deems necessary to make such determination.
  (c) Subdivision five of this section or any other law to the  contrary
notwithstanding,  until August first, two thousand ten, unless the mayor
of a city, in his or her discretion, extends such date, a public officer
or employee shall be paid city salary as such public officer or employee
for any and all periods of absence while engaged in the  performance  of
ordered  military duty, and while going to and returning from such duty,
not exceeding thirty working days in  any  one  calendar  year  and  not
exceeding  thirty  working  days  in  any  one continuous period of such
absence.
  (d) Subdivision five of this section or any other law to the  contrary
notwithstanding,  until August first, two thousand ten, unless the mayor
of a city, in his or her discretion, extends such date, a public servant
soldier shall, after having received the city salary to which he or  she
is  entitled  pursuant  to  paragraph  (c)  of this subdivision, be paid
differential pay thereafter on his or her regularly scheduled pay period
for the duration of such ordered military duty, if such ordered military
duty is in connection with a covered operation. No  repayment  shall  be
required  to  the  city  for  such differential pay received by a public
servant soldier, provided that this prohibition on repayment  shall  not
apply  in the case of a material error in calculation that results in an
unwarranted increase to the public servant  soldier.  Repayment  of  any
such  overage  shall  be  governed by the terms of paragraph (e) of this
subdivision.

S. 5747                             4

  (e) A public officer or employee who, prior to the effective  date  of
this  subdivision, elected to participate in a "full pay/repayment plan"
and, in having done so, incurred  a  repayment  obligation,  shall  make
repayments  in accordance with terms adopted by the implementing agency,
except that, with respect to such repayment obligations, such officer or
employee shall have satisfied the obligation to repay when he or she has
repaid  eighty-five  percent  of  the  amount of city salary or military
salary, whichever is less, less other such discounts implemented by  the
implementing  agency  as  of  the effective date of this subdivision and
such incentives as may be implemented  by  the  implementing  agency  to
encourage payment, and no such term shall:
  (i) require a public officer or employee, while employed by such city,
to  pay in any pay period more than seven and one-half percent of his or
her base pay of city salary toward satisfying his or her repayment obli-
gation, except that a term may provide  for  full  satisfaction  of  any
remaining outstanding repayment obligation after ten years from the date
of return from ordered military duty; or
  (ii)  require  a  retired  public  officer  or employee to pay, in any
month, an amount more than seven and one-half  percent  of  his  or  her
monthly  pension payment, except that a term may provide for full satis-
faction of any remaining  outstanding  repayment  obligation  after  ten
years from the date of return from ordered military duty; or
  (iii)  require  a public officer or employee separated from employment
by such city in a manner other than by retirement, to pay, in any  year,
an  amount  more than seven and one-half percent of the base pay of city
salary, except that a term may provide  for  full  satisfaction  of  any
remaining outstanding repayment obligation after ten years from the date
of return from ordered military duty.
  (f)  Notwithstanding  paragraph  (e) of this subdivision, a city shall
not require the satisfaction of any repayment obligation  in  the  event
that  a  public  servant soldier is killed in the performance of ordered
military duty.
  S 2. This act shall take effect immediately.

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