|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2012||referred to civil service and pensions|
|Feb 08, 2011||referred to civil service and pensions|
senate Bill S3095
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S3095 - Details
S3095 - Summary
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.
S3095 - Sponsor Memo
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
S3095 - Bill Text download pdf
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
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