LBD16071-01-2
S. 7754 2
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, RULE OR REGULATION 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 MILI-
TARY 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 EXPEDITIONARY 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 ALLOW-
ANCE 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-
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.
S. 7754 3
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, RULE OR REGULATION 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 MILI-
TARY 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 EXPEDITIONARY 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 ALLOW-
ANCE 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-
S. 7754 4
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, RULE OR REGULATION 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 MILI-
TARY 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 EXPEDITIONARY 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 ALLOW-
ANCE 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
S. 7754 5
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, RULE OR REGULATION 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 MILI-
TARY 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 EXPEDITIONARY 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 ALLOW-
ANCE 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.
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. 7754 6
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, RULE OR REGULATION 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 MILI-
TARY 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 EXPEDITIONARY 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 ALLOW-
ANCE 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 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, RULE OR REGULATION TO
S. 7754 7
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 MILI-
TARY 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 EXPEDITIONARY 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 ALLOW-
ANCE 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, RULE OR REGULATION 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 MILI-
TARY 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
S. 7754 8
AWARD OF A UNITED STATES CAMPAIGN RIBBON OR SERVICE MEDAL, OR THE ARMED
FORCES EXPEDITIONARY 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 ALLOW-
ANCE 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 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%
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.
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
S. 7754 9
and Local Police and Fire 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.
Summary of relevant resources:
Data: March 31, 2011 Actuarial Year End File with distributions of
membership and other statistics displayed in the 2011 Report of the
Actuary and 2011 Comprehensive Annual Financial Report.
Assumptions and Methods: 2010 and 2011 Annual Report to the Comp-
troller on Actuarial Assumptions, Codes Rules and Regulations of the
State of New York: Audit and Control.
Market Assets and GASB Disclosures: March 31, 2011 New York State and
Local Retirement System Financial Statements and Supplementary Informa-
tion.
Valuations of Benefit Liabilities and Actuarial Assets: summarized in
the 2011 Actuarial Valuations report.
I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
This estimate, dated November 14, 2011, and intended for use only
during the 2012 Legislative Session, is Fiscal Note No. 2012-11,
prepared by the Actuary for the NYS&LERS and the NYS&LPFRS.
