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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Actions

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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 - 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 - 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

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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