Senate Bill S5095

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

                                  5095

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sen.  ALESI  -- 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, in  relation  to
  military service credit for members who received certain expeditionary
  medals

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

  Section 1. Paragraphs (c) and (d) of subdivision 2 of section 1000  of
the  retirement  and social security law, as added by chapter 548 of the
laws of 2000, are amended and a new paragraph (e) is added  to  read  as
follows:
  (c)  hostilities  participated in by the military forces of the United
States in Panama, from the twentieth day of December,  nineteen  hundred
eighty-nine to the thirty-first day of January, nineteen hundred ninety,
as  established  by receipt of the armed forces expeditionary medal, the
navy expeditionary medal, or the marine corps expeditionary medal; [or]
  (d) hostilities participated in by the military forces of  the  United
States,  from  the second day of August, nineteen hundred ninety, to the
end of such hostilities in case of a veteran who served in  the  theater
of  operations including Iraq, Kuwait, Saudi Arabia, Bahrain, Qatar, the
United Arab Emirates, Oman, the Gulf of Aden,  the  Gulf  of  Oman,  the
Persian Gulf, the Red Sea, and the airspace above these locations[.]; OR
  (E)  IF  SUCH MEMBER WAS A RECIPIENT OF THE ARMED FORCES EXPEDITIONARY
MEDAL, NAVY EXPEDITIONARY MEDAL OR MARINE CORPS EXPEDITIONARY MEDAL, AND
WAS DISCHARGED OR RELEASED THEREFROM UNDER HONORABLE CONDITIONS.
  S 2. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This bill would amend Chapter 548 of the Laws of 2000 to allow  veter-
ans  who  are members of public retirement systems and who have received
an expeditionary medal to purchase additional service credit for up to a
maximum of three years of military service. Affected  members  would  be

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08238-02-1
              

S. 5095                             2

required  to  pay three percent of their current annual compensation for
each year of service being purchased.
  This  bill  also  applies  to certain veterans who become members of a
public retirement system after the effective date  of  this  legislation
and  certain  veterans  who render miliary duty in future conflicts that
could occur after the effective date of this legislation.
  The number of current and future members who could be affected by this
legislation cannot be readily determined.
  If this bill is enacted, insofar as this proposal affects the New York
State and Local Employees' Retirement System (ERS), it is estimated that
the past service cost will average  approximately  12%  of  an  affected
members' compensation for each year of additional service credit that is
purchased.
  Insofar  as  this proposal affects the New York State and Local Police
and Fire Retirement System (PFRS), it is estimated that the past service
cost will average approximately 17% of an affected members' compensation
for each year of additional service that is purchased.
  These costs would be shared by the State of New York and  all  partic-
ipating  employers in the New York State and Local Employees' Retirement
System and the New York State  and  Local  Police  and  Fire  Retirement
System.
  This  estimate,  dated  February  24,  2011  and intended for use only
during the 2011  Legislative  Session,  is  Fiscal  Note  No.  2011-107,
prepared  by  the  Actuary  for  the New York State and Local Employees'
Retirement System and the New York  State  and  Local  Police  and  Fire
Retirement System.