senate Bill S3095

2011-2012 Legislative Session

Relates to providing a performance of duty disability retirement benefit for members of the armed forces injured in combat

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to civil service and pensions
Feb 08, 2011 referred to civil service and pensions

S3095 - Bill Details

See Assembly Version of this Bill:
A8032
Current Committee:
Law Section:
Retirement and Social Security Law
Laws Affected:
Add §§65, 365, 448-b, 507-j & 607-i, R & SS L; add §511-b, Ed L; add §§13-168.1 & 13-551.1, NYC Ad Cd
Versions Introduced in 2009-2010 Legislative Session:
S2716, A7874

S3095 - Bill Texts

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Provides a performance of duty disability retirement benefit for members of a public retirement system who are members of the armed forces and are injured in combat; such benefit shall be 75% of such member's final one year average salary.

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BILL NUMBER:S3095

TITLE OF BILL:
An act
to amend the retirement and social security law,
the education law and the administrative code of the city of New York,
in relation to a
special disability retirement benefit for members of the armed forces
injured in combat

PURPOSE:
Provides a 75 percent of final average
salary performance of
duty disability retirement benefit for State and local government
employees who are members of the military or reserves and are injured
in combat.

SUMMARY OF PROVISIONS:
Allows certain members and retirees of public
retirement systems in New York State who are members of the military
on active duty who become physically incapacitated for the
performance of duties as the result of an injury sustained in a
combat theatre or combat zone of operations to receive a performance
of duty disability benefit of 75 percent of their one year final
average salary. Affected individuals must file an application within
two years of being discontinued from active duty. This bill would be
deemed to have been in effect as of September 11, 2001.

JUSTIFICATION:
Under current law, police officers and firefighters who
suffer a disabling injury on the job in the line of duty receive 75
percent of their final average salary as a disability pension. This
is an entirely appropriate means of providing a measure of financial
security to these public servants and their families as they risk
their lives everyday in extremely hazardous occupations for the
protection and benefit of their fellow New Yorkers. The citizen
soldiers of our National Guard and Reserves who are called to active
duty leave their homes and families to protect their state and nation
from a different threat, but one every bit as potentially dangerous
as that faced by police and firefighters. These brave New Yorkers are
voluntarily risking death or terrible injury on behalf of their fellow
citizens, and as such it is appropriate that those who are enrolled
in a public retirement system be afforded the same disability
retirement benefits offered to their equally brave counterparts with
the police and fire departments. This bill would grant a benefit at
least sufficient for those veterans to provide a reasonably secure
future for themselves and their families.

LEGISLATIVE HISTORY:
New bill in Senate.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately, with provisions.


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

                                  3095

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 8, 2011
                               ___________

Introduced  by  Sen.  BALL  --  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,  the  education
  law  and  the administrative code of the city of New York, in relation
  to a special disability retirement benefit for members  of  the  armed
  forces injured in combat

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

  Section 1. The retirement and social security law is amended by adding
a new section 65 to read as follows:
  S 65. PERFORMANCE OF DUTY DISABILITY BENEFIT FOR  MEMBERS  INJURED  IN
COMBAT.  A.    NOTWITHSTANDING  THE  PROVISIONS  OF  SECTION TWO HUNDRED
FORTY-TWO, TWO HUNDRED FORTY-THREE OR  TWO  HUNDRED  FORTY-FOUR  OF  THE
MILITARY  LAW  OR  THE  PROVISIONS OF ANY OTHER LAW TO THE CONTRARY, ANY
MEMBER OR RETIREE WHO IS A MEMBER OF THE MILITARY ON ACTIVE DUTY IN  THE
ARMED  FORCES OF THE UNITED STATES OR THE ORGANIZED MILITIA OF THE STATE
OF NEW YORK AS DEFINED IN SECTION ONE  OF  THE  MILITARY  LAW,  AND  WHO
BECOMES  PHYSICALLY  INCAPACITATED  FOR THE PERFORMANCE OF DUTIES AS THE
NATURAL AND PROXIMATE RESULT OF AN INJURY SUSTAINED IN A COMBAT  THEATRE
OR  COMBAT  ZONE  OF  OPERATIONS, AS DOCUMENTED BY THE AWARD OF A UNITED
STATES CAMPAIGN RIBBON OR SERVICE MEDAL, OR THE ARMED FORCES EXPEDITION-
ARY MEDAL, NAVY EXPEDITIONARY MEDAL, MARINE CORPS  EXPEDITIONARY  MEDAL,
OR  GLOBAL WAR ON TERRORISM EXPEDITIONARY MEDAL, SHALL BE ELIGIBLE FOR A
PERFORMANCE  OF  DUTY   DISABILITY   RETIREMENT   ALLOWANCE   EQUAL   TO
SEVENTY-FIVE  PERCENT  OF  HIS OR HER ONE YEAR FINAL AVERAGE SALARY. FOR
PURPOSES OF THIS SECTION "COMBAT THEATRE" OR "COMBAT ZONE OF OPERATIONS"
SHALL INCLUDE HAZARDOUS SERVICE AS DESCRIBED IN SECTION 310(A) OF  TITLE
37  OF THE UNITED STATES CODE, REGARDLESS OF WHETHER OR NOT WAR HAS BEEN
DECLARED BY CONGRESS.
  B. APPLICATION FOR RETIREMENT FOR DISABILITY INCURRED  IN  PERFORMANCE
OF  DUTY  MAY  BE  MADE BY SUCH MEMBER, OR THE HEAD OF THE DEPARTMENT IN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05484-02-1

S. 3095                             2

WHICH SUCH MEMBER IS EMPLOYED.  APPLICATION MAY BE MADE NOT  LATER  THAN
TWO  YEARS  AFTER THE MEMBER OR RETIREE IS DISCONTINUED FROM ACTIVE DUTY
AND PROVIDED THAT THE MEMBER MEETS THE REQUIREMENTS OF THIS SECTION.
  C.  AFTER  THE  FILING  OF SUCH AN APPLICATION, SUCH MEMBER OR RETIREE
SHALL BE GIVEN ONE OR MORE  MEDICAL  EXAMINATIONS.  IF  THE  COMPTROLLER
DETERMINES THAT SUCH PERSON IS PHYSICALLY INCAPACITATED FOR THE PERFORM-
ANCE  OF  DUTY  AND  OUGHT TO BE RETIRED, HE OR SHE SHALL BE SO RETIRED.
SUCH RETIREMENT SHALL BE EFFECTIVE AS OF A DATE APPROVED  BY  THE  COMP-
TROLLER.
  D. IN THE CASE OF A MEMBER ELIGIBLE FOR A PERFORMANCE OF DUTY DISABIL-
ITY  RETIREMENT  UNDER THIS SECTION, FINAL AVERAGE SALARY SHALL MEAN THE
REGULAR COMPENSATION EARNED FROM SUCH PARTICIPATING EMPLOYER BY A MEMBER
DURING THE TWELVE MONTHS OF ACTUAL  SERVICE  IMMEDIATELY  PRECEDING  THE
DATE  OF  SUCH EMPLOYEE'S RETIREMENT, EXCLUSIVE OF ANY LUMP SUM PAYMENTS
FOR SICK LEAVE, OR ACCUMULATED VACATION CREDIT, OR ANY  FORM  OF  TERMI-
NATION PAY; PROVIDED, HOWEVER, IF THE COMPENSATION EARNED IN SAID TWELVE
MONTHS  EXCEEDS  THAT  OF THE PREVIOUS TWELVE MONTHS BY MORE THAN TWENTY
PER CENTUM, THE AMOUNT IN EXCESS OF TWENTY PER CENTUM SHALL BE  EXCLUDED
IN  THE  COMPUTATION OF FINAL AVERAGE SALARY; PROVIDED FURTHER, HOWEVER,
THAT THE BENEFITS COMPUTED PURSUANT TO THIS  SECTION  SHALL  BE  PAYABLE
UNLESS THE MEMBER WOULD OTHERWISE BE ENTITLED TO A GREATER BENEFIT UNDER
OTHER  PROVISIONS  OF  THIS  SECTION, IN WHICH CASE SUCH GREATER BENEFIT
SHALL BE PAYABLE.
  E. THE PERFORMANCE OF DUTY DISABILITY BENEFIT  PROVIDED  FOR  IN  THIS
SECTION  SHALL  BE  IN  LIEU  OF ANY OTHER RETIREMENT BENEFIT WHICH SUCH
MEMBER OR RETIREE IS OR MAY BE ENTITLED TO RECEIVE FROM  THE  RETIREMENT
SYSTEM.
  S 2. The retirement and social security law is amended by adding a new
section 365 to read as follows:
  S  365.  PERFORMANCE OF DUTY DISABILITY BENEFIT FOR MEMBERS INJURED IN
COMBAT.   A.   NOTWITHSTANDING THE PROVISIONS  OF  SECTION  TWO  HUNDRED
FORTY-TWO,  TWO  HUNDRED  FORTY-THREE  OR  TWO HUNDRED FORTY-FOUR OF THE
MILITARY LAW OR THE PROVISIONS OF ANY OTHER LAW  TO  THE  CONTRARY,  ANY
MEMBER  OR RETIREE WHO IS A MEMBER OF THE MILITARY ON ACTIVE DUTY IN THE
ARMED FORCES OF THE UNITED STATES OR THE ORGANIZED MILITIA OF THE  STATE
OF  NEW  YORK  AS  DEFINED  IN  SECTION ONE OF THE MILITARY LAW, AND WHO
BECOMES PHYSICALLY INCAPACITATED FOR THE PERFORMANCE OF  DUTIES  AS  THE
NATURAL  AND PROXIMATE RESULT OF AN INJURY SUSTAINED IN A COMBAT THEATRE
OR COMBAT ZONE OF OPERATIONS, AS DOCUMENTED BY THE  AWARD  OF  A  UNITED
STATES CAMPAIGN RIBBON OR SERVICE MEDAL, OR THE ARMED FORCES EXPEDITION-
ARY  MEDAL,  NAVY EXPEDITIONARY MEDAL, MARINE CORPS EXPEDITIONARY MEDAL,
OR GLOBAL WAR ON TERRORISM EXPEDITIONARY MEDAL, SHALL BE ELIGIBLE FOR  A
PERFORMANCE   OF   DUTY   DISABILITY   RETIREMENT   ALLOWANCE  EQUAL  TO
SEVENTY-FIVE PERCENT OF HIS OR HER ONE YEAR FINAL  AVERAGE  SALARY.  FOR
PURPOSES OF THIS SECTION "COMBAT THEATRE" OR "COMBAT ZONE OF OPERATIONS"
SHALL  INCLUDE HAZARDOUS SERVICE AS DESCRIBED IN SECTION 310(A) OF TITLE
37 OF THE UNITED STATES CODE, REGARDLESS OF WHETHER OR NOT WAR HAS  BEEN
DECLARED BY CONGRESS.
  B.  APPLICATION  FOR RETIREMENT FOR DISABILITY INCURRED IN PERFORMANCE
OF DUTY MAY BE MADE BY SUCH MEMBER, OR THE HEAD  OF  THE  DEPARTMENT  IN
WHICH  SUCH  MEMBER IS EMPLOYED.  APPLICATION MAY BE MADE NOT LATER THAN
TWO YEARS AFTER THE MEMBER OR RETIREE IS DISCONTINUED FROM  ACTIVE  DUTY
AND PROVIDED THAT THE MEMBER MEETS THE REQUIREMENTS OF THIS SECTION.
  C.  AFTER  THE  FILING  OF SUCH AN APPLICATION, SUCH MEMBER OR RETIREE
SHALL BE GIVEN ONE OR MORE  MEDICAL  EXAMINATIONS.  IF  THE  COMPTROLLER
DETERMINES THAT SUCH PERSON IS PHYSICALLY INCAPACITATED FOR THE PERFORM-

S. 3095                             3

ANCE  OF  DUTY  AND  OUGHT TO BE RETIRED, HE OR SHE SHALL BE SO RETIRED.
SUCH RETIREMENT SHALL BE EFFECTIVE AS  OF A DATE APPROVED BY  THE  COMP-
TROLLER.
  D. IN THE CASE OF A MEMBER ELIGIBLE FOR A PERFORMANCE OF DUTY DISABIL-
ITY  RETIREMENT  UNDER THIS SECTION, FINAL AVERAGE SALARY SHALL MEAN THE
REGULAR COMPENSATION EARNED FROM SUCH PARTICIPATING EMPLOYER BY A MEMBER
DURING THE TWELVE MONTHS OF ACTUAL  SERVICE  IMMEDIATELY  PRECEDING  THE
DATE  OF  SUCH EMPLOYEE'S RETIREMENT, EXCLUSIVE OF ANY LUMP SUM PAYMENTS
FOR SICK LEAVE, OR ACCUMULATED VACATION CREDIT, OR ANY  FORM  OF  TERMI-
NATION PAY; PROVIDED, HOWEVER, IF THE COMPENSATION EARNED IN SAID TWELVE
MONTHS  EXCEEDS  THAT  OF THE PREVIOUS TWELVE MONTHS BY MORE THAN TWENTY
PER CENTUM, THE AMOUNT IN EXCESS OF TWENTY PER CENTUM SHALL BE  EXCLUDED
IN  THE  COMPUTATION OF FINAL AVERAGE SALARY; PROVIDED FURTHER, HOWEVER,
THAT THE BENEFITS COMPUTED PURSUANT TO THIS  SECTION  SHALL  BE  PAYABLE
UNLESS THE MEMBER WOULD OTHERWISE BE ENTITLED TO A GREATER BENEFIT UNDER
OTHER  PROVISIONS  OF  THIS  SECTION, IN WHICH CASE SUCH GREATER BENEFIT
SHALL BE PAYABLE.
  E. THE PERFORMANCE OF DUTY DISABILITY BENEFIT  PROVIDED  FOR  IN  THIS
SECTION  SHALL  BE  IN  LIEU  OF ANY OTHER RETIREMENT BENEFIT WHICH SUCH
MEMBER OR RETIREE IS OR MAY BE ENTITLED TO RECEIVE FROM  THE  RETIREMENT
SYSTEM.
  S 3. The retirement and social security law is amended by adding a new
section 448-b to read as follows:
  S 448-B. PERFORMANCE OF DUTY DISABILITY BENEFIT FOR MEMBERS INJURED IN
COMBAT.    A.    NOTWITHSTANDING  THE  PROVISIONS OF SECTION TWO HUNDRED
FORTY-TWO, TWO HUNDRED FORTY-THREE OR  TWO  HUNDRED  FORTY-FOUR  OF  THE
MILITARY  LAW  OR  THE  PROVISIONS OF ANY OTHER LAW TO THE CONTRARY, ANY
MEMBER OR RETIREE WHO IS A MEMBER OF THE MILITARY ON ACTIVE DUTY IN  THE
ARMED  FORCES OF THE UNITED STATES OR THE ORGANIZED MILITIA OF THE STATE
OF NEW YORK AS DEFINED IN SECTION ONE  OF  THE  MILITARY  LAW,  AND  WHO
BECOMES  PHYSICALLY  INCAPACITATED  FOR THE PERFORMANCE OF DUTIES AS THE
NATURAL AND PROXIMATE RESULT OF AN INJURY SUSTAINED IN A COMBAT  THEATRE
OR  COMBAT  ZONE  OF  OPERATIONS, AS DOCUMENTED BY THE AWARD OF A UNITED
STATES CAMPAIGN RIBBON OR SERVICE MEDAL, OR THE ARMED FORCES EXPEDITION-
ARY MEDAL, NAVY EXPEDITIONARY MEDAL, MARINE CORPS  EXPEDITIONARY  MEDAL,
OR  GLOBAL WAR ON TERRORISM EXPEDITIONARY MEDAL, SHALL BE ELIGIBLE FOR A
PERFORMANCE  OF  DUTY   DISABILITY   RETIREMENT   ALLOWANCE   EQUAL   TO
SEVENTY-FIVE  PERCENT  OF  HIS OR HER ONE YEAR FINAL AVERAGE SALARY. FOR
PURPOSES OF THIS SECTION "COMBAT THEATRE" OR "COMBAT ZONE OF OPERATIONS"
SHALL INCLUDE HAZARDOUS SERVICE AS DESCRIBED IN SECTION 310(A) OF  TITLE
37  OF THE UNITED STATES CODE, REGARDLESS OF WHETHER OR NOT WAR HAS BEEN
DECLARED BY CONGRESS.
  B. APPLICATION FOR RETIREMENT FOR DISABILITY INCURRED  IN  PERFORMANCE
OF  DUTY  MAY  BE  MADE BY SUCH MEMBER, OR THE HEAD OF THE DEPARTMENT IN
WHICH SUCH MEMBER IS EMPLOYED.  APPLICATION MAY BE MADE NOT  LATER  THAN
TWO  YEARS  AFTER THE MEMBER OR RETIREE IS DISCONTINUED FROM ACTIVE DUTY
AND PROVIDED THAT THE MEMBER MEETS THE REQUIREMENTS OF THIS SECTION.
  C. AFTER THE FILING OF SUCH AN APPLICATION,  SUCH  MEMBER  OR  RETIREE
SHALL  BE  GIVEN  ONE  OR  MORE MEDICAL EXAMINATIONS. IF THE HEAD OF THE
RETIREMENT SYSTEM DETERMINES THAT SUCH PERSON  IS  PHYSICALLY  INCAPACI-
TATED  FOR  THE  PERFORMANCE  OF DUTY AND OUGHT TO BE RETIRED, HE OR SHE
SHALL BE SO RETIRED. SUCH RETIREMENT SHALL BE EFFECTIVE  AS  OF  A  DATE
APPROVED BY THE HEAD OF THE RETIREMENT SYSTEM.
  D. IN THE CASE OF A MEMBER ELIGIBLE FOR A PERFORMANCE OF DUTY DISABIL-
ITY  RETIREMENT  UNDER THIS SECTION, FINAL AVERAGE SALARY SHALL MEAN THE
REGULAR COMPENSATION EARNED FROM SUCH PARTICIPATING EMPLOYER BY A MEMBER

S. 3095                             4

DURING THE TWELVE MONTHS OF ACTUAL  SERVICE  IMMEDIATELY  PRECEDING  THE
DATE  OF  SUCH EMPLOYEE'S RETIREMENT, EXCLUSIVE OF ANY LUMP SUM PAYMENTS
FOR SICK LEAVE, OR ACCUMULATED VACATION CREDIT, OR ANY  FORM  OF  TERMI-
NATION PAY; PROVIDED, HOWEVER, IF THE COMPENSATION EARNED IN SAID TWELVE
MONTHS  EXCEEDS  THAT  OF THE PREVIOUS TWELVE MONTHS BY MORE THAN TWENTY
PER CENTUM, THE AMOUNT IN EXCESS OF TWENTY PER CENTUM SHALL BE  EXCLUDED
IN  THE  COMPUTATION OF FINAL AVERAGE SALARY; PROVIDED FURTHER, HOWEVER,
THAT THE BENEFITS COMPUTED PURSUANT TO THIS  SECTION  SHALL  BE  PAYABLE
UNLESS THE MEMBER WOULD OTHERWISE BE ENTITLED TO A GREATER BENEFIT UNDER
OTHER  PROVISIONS  OF  THIS  SECTION, IN WHICH CASE SUCH GREATER BENEFIT
SHALL BE PAYABLE.
  E. THE PERFORMANCE OF DUTY DISABILITY BENEFIT  PROVIDED  FOR  IN  THIS
SECTION  SHALL  BE  IN  LIEU  OF ANY OTHER RETIREMENT BENEFIT WHICH SUCH
MEMBER OR RETIREE IS OR MAY BE ENTITLED TO RECEIVE FROM  THE  RETIREMENT
SYSTEM.
  S 4. The retirement and social security law is amended by adding a new
section 507-j to read as follows:
  S 507-J. PERFORMANCE OF DUTY DISABILITY BENEFIT FOR MEMBERS INJURED IN
COMBAT.    A.    NOTWITHSTANDING  THE  PROVISIONS OF SECTION TWO HUNDRED
FORTY-TWO, TWO HUNDRED FORTY-THREE OR  TWO  HUNDRED  FORTY-FOUR  OF  THE
MILITARY  LAW  OR  THE  PROVISIONS OF ANY OTHER LAW TO THE CONTRARY, ANY
MEMBER OR RETIREE WHO IS A MEMBER OF THE MILITARY ON ACTIVE DUTY IN  THE
ARMED  FORCES OF THE UNITED STATES OR THE ORGANIZED MILITIA OF THE STATE
OF NEW YORK AS DEFINED IN SECTION ONE  OF  THE  MILITARY  LAW,  AND  WHO
BECOMES  PHYSICALLY  INCAPACITATED  FOR THE PERFORMANCE OF DUTIES AS THE
NATURAL AND PROXIMATE RESULT OF AN INJURY SUSTAINED IN A COMBAT  THEATRE
OR  COMBAT  ZONE  OF  OPERATIONS, AS DOCUMENTED BY THE AWARD OF A UNITED
STATES CAMPAIGN RIBBON OR SERVICE MEDAL, OR THE ARMED FORCES EXPEDITION-
ARY MEDAL, NAVY EXPEDITIONARY MEDAL, MARINE CORPS  EXPEDITIONARY  MEDAL,
OR  GLOBAL WAR ON TERRORISM EXPEDITIONARY MEDAL, SHALL BE ELIGIBLE FOR A
PERFORMANCE  OF  DUTY   DISABILITY   RETIREMENT   ALLOWANCE   EQUAL   TO
SEVENTY-FIVE  PERCENT  OF  HIS OR HER ONE YEAR FINAL AVERAGE SALARY. FOR
PURPOSES OF THIS SECTION "COMBAT THEATRE" OR "COMBAT ZONE OF OPERATIONS"
SHALL INCLUDE HAZARDOUS SERVICE AS DESCRIBED IN SECTION 310(A) OF  TITLE
37  OF THE UNITED STATES CODE, REGARDLESS OF WHETHER OR NOT WAR HAS BEEN
DECLARED BY CONGRESS.
  B. APPLICATION FOR RETIREMENT FOR DISABILITY INCURRED  IN  PERFORMANCE
OF  DUTY  MAY  BE  MADE BY SUCH MEMBER, OR THE HEAD OF THE DEPARTMENT IN
WHICH SUCH MEMBER IS EMPLOYED.  APPLICATION MAY BE MADE NOT  LATER  THAN
TWO  YEARS  AFTER THE MEMBER OR RETIREE IS DISCONTINUED FROM ACTIVE DUTY
AND PROVIDED THAT THE MEMBER MEETS THE REQUIREMENTS OF THIS SECTION.
  C. AFTER THE FILING OF SUCH AN APPLICATION,  SUCH  MEMBER  OR  RETIREE
SHALL  BE  GIVEN  ONE  OR  MORE MEDICAL EXAMINATIONS. IF THE HEAD OF THE
RETIREMENT SYSTEM DETERMINES THAT SUCH PERSON  IS  PHYSICALLY  INCAPACI-
TATED  FOR  THE  PERFORMANCE  OF DUTY AND OUGHT TO BE RETIRED, HE OR SHE
SHALL BE SO RETIRED. SUCH RETIREMENT SHALL BE EFFECTIVE  AS  OF  A  DATE
APPROVED BY THE HEAD OF THE RETIREMENT SYSTEM.
  D. IN THE CASE OF A MEMBER ELIGIBLE FOR A PERFORMANCE OF DUTY DISABIL-
ITY  RETIREMENT  UNDER THIS SECTION, FINAL AVERAGE SALARY SHALL MEAN THE
REGULAR COMPENSATION EARNED FROM SUCH PARTICIPATING EMPLOYER BY A MEMBER
DURING THE TWELVE MONTHS OF ACTUAL  SERVICE  IMMEDIATELY  PRECEDING  THE
DATE  OF  SUCH EMPLOYEE'S RETIREMENT, EXCLUSIVE OF ANY LUMP SUM PAYMENTS
FOR SICK LEAVE, OR ACCUMULATED VACATION CREDIT, OR ANY  FORM  OF  TERMI-
NATION PAY; PROVIDED, HOWEVER, IF THE COMPENSATION EARNED IN SAID TWELVE
MONTHS  EXCEEDS  THAT  OF THE PREVIOUS TWELVE MONTHS BY MORE THAN TWENTY
PER CENTUM, THE AMOUNT IN EXCESS OF TWENTY PER CENTUM SHALL BE  EXCLUDED

S. 3095                             5

IN  THE  COMPUTATION OF FINAL AVERAGE SALARY; PROVIDED FURTHER, HOWEVER,
THAT THE BENEFITS COMPUTED PURSUANT TO THIS  SECTION  SHALL  BE  PAYABLE
UNLESS THE MEMBER WOULD OTHERWISE BE ENTITLED TO A GREATER BENEFIT UNDER
OTHER  PROVISIONS  OF  THIS  SECTION, IN WHICH CASE SUCH GREATER BENEFIT
SHALL BE PAYABLE.
  E. THE PERFORMANCE OF DUTY DISABILITY BENEFIT  PROVIDED  FOR  IN  THIS
SECTION  SHALL  BE  IN  LIEU  OF ANY OTHER RETIREMENT BENEFIT WHICH SUCH
MEMBER OR RETIREE IS OR MAY BE ENTITLED TO RECEIVE FROM  THE  RETIREMENT
SYSTEM.
  S 5. The retirement and social security law is amended by adding a new
section 607-i to read as follows:
  S 607-I. PERFORMANCE OF DUTY DISABILITY BENEFIT FOR MEMBERS INJURED IN
COMBAT.    A.    NOTWITHSTANDING  THE  PROVISIONS OF SECTION TWO HUNDRED
FORTY-TWO, TWO HUNDRED FORTY-THREE OR  TWO  HUNDRED  FORTY-FOUR  OF  THE
MILITARY  LAW  OR  THE  PROVISIONS OF ANY OTHER LAW TO THE CONTRARY, ANY
MEMBER OR RETIREE WHO IS A MEMBER OF THE MILITARY ON ACTIVE DUTY IN  THE
ARMED  FORCES OF THE UNITED STATES OR THE ORGANIZED MILITIA OF THE STATE
OF NEW YORK AS DEFINED IN SECTION ONE  OF  THE  MILITARY  LAW,  AND  WHO
BECOMES  PHYSICALLY  INCAPACITATED  FOR THE PERFORMANCE OF DUTIES AS THE
NATURAL AND PROXIMATE RESULT OF AN INJURY SUSTAINED IN A COMBAT  THEATRE
OR  COMBAT  ZONE  OF  OPERATIONS, AS DOCUMENTED BY THE AWARD OF A UNITED
STATES CAMPAIGN RIBBON OR SERVICE MEDAL, OR THE ARMED FORCES EXPEDITION-
ARY MEDAL, NAVY EXPEDITIONARY MEDAL, MARINE CORPS  EXPEDITIONARY  MEDAL,
OR  GLOBAL WAR ON TERRORISM EXPEDITIONARY MEDAL, SHALL BE ELIGIBLE FOR A
PERFORMANCE  OF  DUTY   DISABILITY   RETIREMENT   ALLOWANCE   EQUAL   TO
SEVENTY-FIVE  PERCENT  OF  HIS OR HER ONE YEAR FINAL AVERAGE SALARY. FOR
PURPOSES OF THIS SECTION "COMBAT THEATRE" OR "COMBAT ZONE OF OPERATIONS"
SHALL INCLUDE HAZARDOUS SERVICE AS DESCRIBED IN SECTION 310(A) OF  TITLE
37  OF THE UNITED STATES CODE, REGARDLESS OF WHETHER OR NOT WAR HAS BEEN
DECLARED BY CONGRESS.
  B. APPLICATION FOR RETIREMENT FOR DISABILITY INCURRED  IN  PERFORMANCE
OF  DUTY  MAY  BE  MADE BY SUCH MEMBER, OR THE HEAD OF THE DEPARTMENT IN
WHICH SUCH MEMBER IS EMPLOYED.  APPLICATION MAY BE MADE NOT  LATER  THAN
TWO  YEARS  AFTER THE MEMBER OR RETIREE IS DISCONTINUED FROM ACTIVE DUTY
AND PROVIDED THAT THE MEMBER MEETS THE REQUIREMENTS OF THIS SECTION.
  C. AFTER THE FILING OF SUCH AN APPLICATION,  SUCH  MEMBER  OR  RETIREE
SHALL  BE  GIVEN  ONE  OR  MORE MEDICAL EXAMINATIONS. IF THE HEAD OF THE
RETIREMENT SYSTEM DETERMINES THAT SUCH PERSON  IS  PHYSICALLY  INCAPACI-
TATED  FOR  THE  PERFORMANCE  OF DUTY AND OUGHT TO BE RETIRED, HE OR SHE
SHALL BE SO RETIRED. SUCH RETIREMENT SHALL BE EFFECTIVE  AS  OF  A  DATE
APPROVED BY THE HEAD OF THE RETIREMENT SYSTEM.
  D. IN THE CASE OF A MEMBER ELIGIBLE FOR A PERFORMANCE OF DUTY DISABIL-
ITY  RETIREMENT  UNDER THIS SECTION, FINAL AVERAGE SALARY SHALL MEAN THE
REGULAR COMPENSATION EARNED FROM SUCH PARTICIPATING EMPLOYER BY A MEMBER
DURING THE TWELVE MONTHS OF ACTUAL  SERVICE  IMMEDIATELY  PRECEDING  THE
DATE  OF  SUCH EMPLOYEE'S RETIREMENT, EXCLUSIVE OF ANY LUMP SUM PAYMENTS
FOR SICK LEAVE, OR ACCUMULATED VACATION CREDIT, OR ANY  FORM  OF  TERMI-
NATION PAY; PROVIDED, HOWEVER, IF THE COMPENSATION EARNED IN SAID TWELVE
MONTHS  EXCEEDS  THAT  OF THE PREVIOUS TWELVE MONTHS BY MORE THAN TWENTY
PER CENTUM, THE AMOUNT IN EXCESS OF TWENTY PER CENTUM SHALL BE  EXCLUDED
IN  THE  COMPUTATION OF FINAL AVERAGE SALARY; PROVIDED FURTHER, HOWEVER,
THAT THE BENEFITS COMPUTED PURSUANT TO THIS  SECTION  SHALL  BE  PAYABLE
UNLESS THE MEMBER WOULD OTHERWISE BE ENTITLED TO A GREATER BENEFIT UNDER
OTHER  PROVISIONS  OF  THIS  SECTION, IN WHICH CASE SUCH GREATER BENEFIT
SHALL BE PAYABLE.

S. 3095                             6

  E. THE PERFORMANCE OF DUTY DISABILITY BENEFIT  PROVIDED  FOR  IN  THIS
SECTION  SHALL  BE  IN  LIEU  OF ANY OTHER RETIREMENT BENEFIT WHICH SUCH
MEMBER OR RETIREE IS OR MAY BE ENTITLED TO RECEIVE FROM  THE  RETIREMENT
SYSTEM.
  S  6.  The  education  law is amended by adding a new section 511-b to
read as follows:
  S 511-B. PERFORMANCE OF DUTY DISABILITY BENEFIT FOR MEMBERS INJURED IN
COMBAT. A.   NOTWITHSTANDING  THE  PROVISIONS  OF  SECTION  TWO  HUNDRED
FORTY-TWO,  TWO  HUNDRED  FORTY-THREE  OR  TWO HUNDRED FORTY-FOUR OF THE
MILITARY LAW OR THE PROVISIONS OF ANY OTHER LAW  TO  THE  CONTRARY,  ANY
MEMBER  OR RETIREE WHO IS A MEMBER OF THE MILITARY ON ACTIVE DUTY IN THE
ARMED FORCES OF THE UNITED STATES OR THE ORGANIZED MILITIA OF THE  STATE
OF  NEW  YORK  AS  DEFINED  IN  SECTION ONE OF THE MILITARY LAW, AND WHO
BECOMES PHYSICALLY INCAPACITATED FOR THE PERFORMANCE OF  DUTIES  AS  THE
NATURAL  AND PROXIMATE RESULT OF AN INJURY SUSTAINED IN A COMBAT THEATRE
OR COMBAT ZONE OF OPERATIONS, AS DOCUMENTED BY THE  AWARD  OF  A  UNITED
STATES CAMPAIGN RIBBON OR SERVICE MEDAL, OR THE ARMED FORCES EXPEDITION-
ARY  MEDAL,  NAVY EXPEDITIONARY MEDAL, MARINE CORPS EXPEDITIONARY MEDAL,
OR GLOBAL WAR ON TERRORISM EXPEDITIONARY MEDAL, SHALL BE ELIGIBLE FOR  A
PERFORMANCE   OF   DUTY   DISABILITY   RETIREMENT   ALLOWANCE  EQUAL  TO
SEVENTY-FIVE PERCENT OF HIS OR HER ONE YEAR FINAL AVERAGE SALARY.    FOR
PURPOSES OF THIS SECTION "COMBAT THEATRE" OR "COMBAT ZONE OF OPERATIONS"
SHALL  INCLUDE HAZARDOUS SERVICE AS DESCRIBED IN SECTION 310(A) OF TITLE
37 OF THE UNITED STATES CODE, REGARDLESS OF WHETHER OR NOT WAR HAS  BEEN
DECLARED BY CONGRESS.
  B.  APPLICATION  FOR RETIREMENT FOR DISABILITY INCURRED IN PERFORMANCE
OF DUTY MAY BE MADE BY FILING AN APPLICATION WITH THE RETIREMENT  BOARD.
APPLICATION  MAY  BE  MADE  NOT LATER THAN TWO YEARS AFTER THE MEMBER OR
RETIREE IS DISCONTINUED FROM ACTIVE DUTY AND PROVIDED  THAT  THE  MEMBER
MEETS THE REQUIREMENTS OF THIS SECTION.
  C.  AFTER  THE  FILING  OF SUCH AN APPLICATION, SUCH MEMBER OR RETIREE
SHALL BE GIVEN ONE OR MORE MEDICAL  EXAMINATIONS.    IF  THE  RETIREMENT
BOARD  DETERMINES  THAT  SUCH PERSON IS PHYSICALLY INCAPACITATED FOR THE
PERFORMANCE OF DUTY AND OUGHT TO BE RETIRED,  HE  OR  SHE  SHALL  BE  SO
RETIRED.    SUCH  RETIREMENT SHALL BE EFFECTIVE AS OF A DATE APPROVED BY
THE RETIREMENT BOARD.
  D. IN THE CASE OF A MEMBER ELIGIBLE FOR A PERFORMANCE OF DUTY DISABIL-
ITY RETIREMENT UNDER THIS SECTION, FINAL AVERAGE SALARY SHALL  MEAN  THE
REGULAR COMPENSATION EARNED FROM SUCH PARTICIPATING EMPLOYER BY A MEMBER
DURING  THE  TWELVE  MONTHS  OF ACTUAL SERVICE IMMEDIATELY PRECEDING THE
DATE OF SUCH EMPLOYEE'S RETIREMENT, EXCLUSIVE OF ANY LUMP  SUM  PAYMENTS
FOR  SICK  LEAVE,  OR ACCUMULATED VACATION CREDIT, OR ANY FORM OF TERMI-
NATION PAY; PROVIDED, HOWEVER, IF THE COMPENSATION EARNED IN SAID TWELVE
MONTHS EXCEEDS THAT OF THE PREVIOUS TWELVE MONTHS BY  MORE  THAN  TWENTY
PER  CENTUM, THE AMOUNT IN EXCESS OF TWENTY PER CENTUM SHALL BE EXCLUDED
IN THE COMPUTATION OF FINAL AVERAGE SALARY; PROVIDED  FURTHER,  HOWEVER,
THAT  THE  BENEFITS  COMPUTED  PURSUANT TO THIS SECTION SHALL BE PAYABLE
UNLESS THE MEMBER WOULD OTHERWISE BE ENTITLED TO A GREATER BENEFIT UNDER
OTHER PROVISIONS OF THIS SECTION, IN WHICH  CASE  SUCH  GREATER  BENEFIT
SHALL BE PAYABLE.
  E.  THE  PERFORMANCE  OF  DUTY DISABILITY BENEFIT PROVIDED FOR IN THIS
SECTION SHALL BE IN LIEU OF ANY  OTHER  RETIREMENT  BENEFIT  WHICH  SUCH
MEMBER  OR  RETIREE IS OR MAY BE ENTITLED TO RECEIVE FROM THE RETIREMENT
SYSTEM.
  S 7. The administrative code of the city of New  York  is  amended  by
adding a new section 13-168.1 to read as follows:

S. 3095                             7

  S  13-168.1 PERFORMANCE OF DUTY DISABILITY BENEFIT FOR MEMBERS INJURED
IN COMBAT.  A.  NOTWITHSTANDING THE PROVISIONS OF  SECTION  TWO  HUNDRED
FORTY-TWO,  TWO  HUNDRED  FORTY-THREE  OR  TWO HUNDRED FORTY-FOUR OF THE
MILITARY LAW OR THE PROVISIONS OF ANY OTHER LAW  TO  THE  CONTRARY,  ANY
MEMBER  OR RETIREE WHO IS A MEMBER OF THE MILITARY ON ACTIVE DUTY IN THE
ARMED FORCES OF THE UNITED STATES OR THE ORGANIZED MILITIA OF THE  STATE
OF  NEW  YORK  AS  DEFINED  IN  SECTION ONE OF THE MILITARY LAW, AND WHO
BECOMES PHYSICALLY INCAPACITATED FOR THE PERFORMANCE OF  DUTIES  AS  THE
NATURAL  AND PROXIMATE RESULT OF AN INJURY SUSTAINED IN A COMBAT THEATRE
OR COMBAT ZONE OF OPERATIONS, AS DOCUMENTED BY THE  AWARD  OF  A  UNITED
STATES CAMPAIGN RIBBON OR SERVICE MEDAL, OR THE ARMED FORCES EXPEDITION-
ARY  MEDAL,  NAVY EXPEDITIONARY MEDAL, MARINE CORPS EXPEDITIONARY MEDAL,
OR GLOBAL WAR ON TERRORISM EXPEDITIONARY MEDAL, SHALL BE ELIGIBLE FOR  A
PERFORMANCE   OF   DUTY   DISABILITY   RETIREMENT   ALLOWANCE  EQUAL  TO
SEVENTY-FIVE PERCENT OF HIS OR HER ONE YEAR FINAL AVERAGE SALARY.    FOR
PURPOSES OF THIS SECTION "COMBAT THEATRE" OR "COMBAT ZONE OF OPERATIONS"
SHALL  INCLUDE HAZARDOUS SERVICE AS DESCRIBED IN SECTION 310(A) OF TITLE
37 OF THE UNITED STATES CODE, REGARDLESS OF WHETHER OR NOT WAR HAS  BEEN
DECLARED BY CONGRESS.
  B.  APPLICATION  FOR RETIREMENT FOR DISABILITY INCURRED IN PERFORMANCE
OF DUTY MAY BE MADE BY FILING AN APPLICATION WITH THE BOARD OF  TRUSTEES
OF  THE  RETIREMENT SYSTEM.   APPLICATION MAY BE MADE NOT LATER THAN TWO
YEARS AFTER THE MEMBER OR RETIREE IS DISCONTINUED FROM ACTIVE  DUTY  AND
PROVIDED THAT THE MEMBER MEETS THE REQUIREMENTS OF THIS SECTION.
  C.  AFTER  THE  FILING  OF SUCH AN APPLICATION, SUCH MEMBER OR RETIREE
SHALL BE GIVEN ONE OR MORE MEDICAL EXAMINATIONS.  IF THE  MEDICAL  BOARD
DETERMINES THAT SUCH PERSON IS PHYSICALLY INCAPACITATED FOR THE PERFORM-
ANCE  OF  DUTY  AND  OUGHT TO BE RETIRED, HE OR SHE SHALL BE SO RETIRED.
SUCH RETIREMENT SHALL BE EFFECTIVE AS OF A DATE APPROVED BY THE BOARD OF
TRUSTEES.
  D. IN THE CASE OF A MEMBER ELIGIBLE FOR A PERFORMANCE OF DUTY DISABIL-
ITY RETIREMENT UNDER THIS SECTION, FINAL AVERAGE SALARY SHALL  MEAN  THE
REGULAR COMPENSATION EARNED FROM SUCH PARTICIPATING EMPLOYER BY A MEMBER
DURING  THE  TWELVE  MONTHS  OF ACTUAL SERVICE IMMEDIATELY PRECEDING THE
DATE OF SUCH EMPLOYEE'S RETIREMENT, EXCLUSIVE OF ANY LUMP  SUM  PAYMENTS
FOR  SICK  LEAVE,  OR ACCUMULATED VACATION CREDIT, OR ANY FORM OF TERMI-
NATION PAY; PROVIDED, HOWEVER, IF THE COMPENSATION EARNED IN SAID TWELVE
MONTHS EXCEEDS THAT OF THE PREVIOUS TWELVE MONTHS BY  MORE  THAN  TWENTY
PER  CENTUM, THE AMOUNT IN EXCESS OF TWENTY PER CENTUM SHALL BE EXCLUDED
IN THE COMPUTATION OF FINAL AVERAGE SALARY; PROVIDED  FURTHER,  HOWEVER,
THAT  THE  BENEFITS  COMPUTED  PURSUANT TO THIS SECTION SHALL BE PAYABLE
UNLESS THE MEMBER WOULD OTHERWISE BE ENTITLED TO A GREATER BENEFIT UNDER
OTHER PROVISIONS OF THIS SECTION, IN WHICH  CASE  SUCH  GREATER  BENEFIT
SHALL BE PAYABLE.
  E.  THE  PERFORMANCE  OF  DUTY DISABILITY BENEFIT PROVIDED FOR IN THIS
SECTION SHALL BE IN LIEU OF ANY  OTHER  RETIREMENT  BENEFIT  WHICH  SUCH
MEMBER  OR  RETIREE IS OR MAY BE ENTITLED TO RECEIVE FROM THE RETIREMENT
SYSTEM.
  S 8. The administrative code of the city of New  York  is  amended  by
adding a new section 13-551.1 to read as follows:
  S  13-551.1 PERFORMANCE OF DUTY DISABILITY BENEFIT FOR MEMBERS INJURED
IN COMBAT. A.   NOTWITHSTANDING THE PROVISIONS OF  SECTION  TWO  HUNDRED
FORTY-TWO,  TWO  HUNDRED  FORTY-THREE  OR  TWO HUNDRED FORTY-FOUR OF THE
MILITARY LAW OR THE PROVISIONS OF ANY OTHER LAW  TO  THE  CONTRARY,  ANY
MEMBER  OR RETIREE WHO IS A MEMBER OF THE MILITARY ON ACTIVE DUTY IN THE
ARMED FORCES OF THE UNITED STATES OR THE ORGANIZED MILITIA OF THE  STATE

S. 3095                             8

OF  NEW  YORK  AS  DEFINED  IN  SECTION ONE OF THE MILITARY LAW, AND WHO
BECOMES PHYSICALLY INCAPACITATED FOR THE PERFORMANCE OF  DUTIES  AS  THE
NATURAL  AND PROXIMATE RESULT OF AN INJURY SUSTAINED IN A COMBAT THEATRE
OR  COMBAT  ZONE  OF  OPERATIONS, AS DOCUMENTED BY THE AWARD OF A UNITED
STATES CAMPAIGN RIBBON OR SERVICE MEDAL, OR THE ARMED FORCES EXPEDITION-
ARY MEDAL, NAVY EXPEDITIONARY MEDAL, MARINE CORPS  EXPEDITIONARY  MEDAL,
OR  GLOBAL WAR ON TERRORISM EXPEDITIONARY MEDAL, SHALL BE ELIGIBLE FOR A
PERFORMANCE  OF  DUTY   DISABILITY   RETIREMENT   ALLOWANCE   EQUAL   TO
SEVENTY-FIVE  PERCENT  OF  HIS OR HER ONE YEAR FINAL AVERAGE SALARY. FOR
PURPOSES OF THIS SECTION "COMBAT THEATRE" OR "COMBAT ZONE OF OPERATIONS"
SHALL INCLUDE HAZARDOUS SERVICE AS DESCRIBED IN SECTION 310(A) OF  TITLE
37  OF  THE UNITED STATE CODE, REGARDLESS OF WHETHER OR NOT WAR HAS BEEN
DECLARED BY CONGRESS.
  B. APPLICATION FOR RETIREMENT FOR DISABILITY INCURRED  IN  PERFORMANCE
OF  DUTY  MAY  BE  MADE  BY FILING AN APPLICATION WITH THE DEPARTMENT IN
WHICH THE MEMBER IS EMPLOYED.  APPLICATION MAY BE MADE  NOT  LATER  THAN
TWO  YEARS  AFTER THE MEMBER OR RETIREE IS DISCONTINUED FROM ACTIVE DUTY
AND PROVIDED THAT THE MEMBER MEETS THE REQUIREMENTS OF THIS SECTION.
  C. AFTER THE FILING OF SUCH AN APPLICATION,  SUCH  MEMBER  OR  RETIREE
SHALL  BE  GIVEN  ONE OR MORE MEDICAL EXAMINATIONS. IF THE MEDICAL BOARD
DETERMINES THAT SUCH PERSON IS PHYSICALLY INCAPACITATED FOR THE PERFORM-
ANCE OF DUTY AND OUGHT TO BE RETIRED, HE OR SHE  SHALL  BE  SO  RETIRED.
SUCH  RETIREMENT SHALL BE EFFECTIVE AS OF A DATE APPROVED BY THE RETIRE-
MENT SYSTEM.
  D. IN THE CASE OF A MEMBER ELIGIBLE FOR A PERFORMANCE OF DUTY DISABIL-
ITY RETIREMENT UNDER THIS SECTION, FINAL AVERAGE SALARY SHALL  MEAN  THE
REGULAR COMPENSATION EARNED FROM SUCH PARTICIPATING EMPLOYER BY A MEMBER
DURING  THE  TWELVE  MONTHS  OF ACTUAL SERVICE IMMEDIATELY PRECEDING THE
DATE OF SUCH EMPLOYEE'S RETIREMENT, EXCLUSIVE OF ANY LUMP  SUM  PAYMENTS
FOR  SICK  LEAVE,  OR ACCUMULATED VACATION CREDIT, OR ANY FORM OF TERMI-
NATION PAY; PROVIDED, HOWEVER, IF THE COMPENSATION EARNED IN SAID TWELVE
MONTHS EXCEEDS THAT OF THE PREVIOUS TWELVE MONTHS BY  MORE  THAN  TWENTY
PER  CENTUM, THE AMOUNT IN EXCESS OF TWENTY PER CENTUM SHALL BE EXCLUDED
IN THE COMPUTATION OF FINAL AVERAGE SALARY; PROVIDED  FURTHER,  HOWEVER,
THAT  THE  BENEFITS  COMPUTED  PURSUANT TO THIS SECTION SHALL BE PAYABLE
UNLESS THE MEMBER WOULD OTHERWISE BE ENTITLED TO A GREATER BENEFIT UNDER
OTHER PROVISIONS OF THIS SECTION, IN WHICH  CASE  SUCH  GREATER  BENEFIT
SHALL BE PAYABLE.
  E.  THE  PERFORMANCE  OF  DUTY DISABILITY BENEFIT PROVIDED FOR IN THIS
SECTION SHALL BE IN LIEU OF ANY  OTHER  RETIREMENT  BENEFIT  WHICH  SUCH
MEMBER  OR  RETIREE IS OR MAY BE ENTITLED TO RECEIVE FROM THE RETIREMENT
SYSTEM.
  S 9. This act shall take effect immediately and  shall  be  deemed  to
have  been in full force and effect on and after September 11, 2001; and
provided that applications for performance of duty disability retirement
pursuant to this act, made on the basis of injuries sustained  prior  to
the  effective  date of this act shall be filed not later than two years
after such effective date.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This bill would allow certain members and retirees of  public  retire-
ment  systems in Nw York State who are members of the military on active
duty who become physically incapacitated for the performance  of  duties
as  the result of an injury sustained in a combat theatre or combat zone
of operations to receive a performance of duty disability benefit of 75%
of their one year final average salary. Affected individuals  must  file
an  application within two years of being discontinued from active duty.

S. 3095                             9

This bill would be deemed  to  have  been  in  effect  as  of  September
11,2001.
  If this bill is enacted, insofar at it would affect the New York State
and Local Employees' Retirement System (NYS&LERS) and the New York State
and  Local Police and Five Retirement System (NYS&LPFRS), the cost would
depend on the age, service, salary and plan of the affected  member.  It
is estimated that there could be per person one-time costs of as much as
four  (4)  times  salary. These costs would be borne by the State of New
York and all the participating employers in the NYS&LERS and NYS&LPFRS.
  This estimate, dated January 21,  2010,  and  intended  for  use  only
during the 2011 Legislative Session, is Fiscal Note No.2011-25, prepared
by the Actuary for the NYS&LERS and the NYS&LPFRS.

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