S T A T E O F N E W Y O R K
________________________________________________________________________
8875
I N A S S E M B L Y
(PREFILED)
January 4, 2012
___________
Introduced by M. of A. CASTELLI -- read once and referred to the Commit-
tee on Governmental Employees
AN ACT to amend the military law, in relation to affording certain
members of the naval militia providing maritime security service as
part of the Joint Task Force Empire Shield at Indian Point nuclear
plant in Westchester county 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
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13547-02-1
A. 8875 2
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 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 A MEMBER OF THE NAVAL MILITIA PROVIDING MARITIME SECURITY SERVICE
AS PART OF THE JOINT TASK FORCE EMPIRE SHIELD AND OTHER ASSOCIATED
MISSIONS AT INDIAN POINT NUCLEAR PLANT IN WESTCHESTER COUNTY 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 reinstatement 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, addi-
tional 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. FURTHER NOTWITHSTANDING
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THE FOREGOING PROVISIONS OF THIS PARAGRAPH, THE TERM "MILITARY DUTY"
SHALL INCLUDE ANY SERVICE AS A MEMBER OF THE NAVAL MILITIA PROVIDING
MARITIME SECURITY SERVICE AS PART OF THE JOINT TASK FORCE EMPIRE SHIELD
AND OTHER ASSOCIATED MISSIONS AT INDIAN POINT NUCLEAR PLANT IN WESTCHES-
TER COUNTY EVEN IF SUCH SERVICE MAY BE CHARACTERIZED AS TEMPORARY OR
INTERMITTENT GRATUITOUS SERVICE.
S 2. Notwithstanding subdivision 4 of section 243 of the military law,
a person whose military duty entailed service as a member of the naval
militia providing maritime security service as part of the Joint Task
Force Empire Shield and other associated missions at Indian Point nucle-
ar plant in Westchester county service 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 retirement credit as provided in such subdivision or, if such
a person has retired before the effective date of this section, he or
she may make application for the retirement credit afforded by this act
within one year following the effective date of this act, in which
event, the cost to the retiree would be based on the twelve month period
immediately preceding retirement.
S 3. This act shall take effect immediately.