S T A T E O F N E W Y O R K
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2741
2011-2012 Regular Sessions
I N A S S E M B L Y
January 20, 2011
___________
Introduced by M. of A. JACOBS -- Multi-Sponsored by -- M. of A.
J. RIVERA, WRIGHT -- read once and referred to the Committee on
Governmental Operations
AN ACT to amend the military law, in relation to affording uniformed
personnel who assist police officers, serving in foreign countries on
behalf of the United States government the same protection as other
public employees serving in the military
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (b) of subdivision 1 of section 243 of the mili-
tary 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04247-01-1
A. 2741 2
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-
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, nineteen hundred forty-five, 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 Certif-
icate of Release or Discharge from Active Duty and a discharge certif-
icate, 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, December seventh, nineteen hundred forty-one
through May eighth, nineteen hundred forty-five, 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 subsidiaries or its affil-
iates and served overseas as a result of Pan American'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 PEACE OFFICER OR police officer, as defined
by section 1.20 of the criminal procedure law, and if such PEACE OFFICER
OR 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 SERVICE AS AN INTERPRETER ASSIST-
ING PERSONS IN POLICE DUTY ON BEHALF OF THE UNITED STATES GOVERNMENT IN
A FOREIGN COUNTRY, IF SUCH INTERPRETER WAS ON LEAVE FROM A POSITION IN
THE UNIFORMED FORCE OF A PUBLIC EMPLOYER AND IF SUCH INTERPRETER
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 assignment 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 intermittent 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 OR HER position and to end
when he OR SHE is reinstated to his OR HER 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
A. 2741 3
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 2. Notwithstanding subdivision 4 of section 243 of the military law,
a person whose military duty entailed service as an interpreter assist-
ing persons in police duty on behalf of the United States government in
a foreign country shall be permitted to make contributions to the
retirement system of which he or she is a member within five years from
the effective date of this act or five years from the termination of
such service, whichever is later, for the purposes of obtaining retire-
ment credit as provided in such subdivision.
S 3. This act shall take effect immediately.