senate Bill S2651A

2013-2014 Legislative Session

Relates to the service time of military personnel

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 04, 2014 reported and committed to finance
Jan 08, 2014 referred to veterans, homeland security and military affairs
Sep 09, 2013 print number 2651a
amend and recommit to veterans, homeland security and military affairs
Jan 23, 2013 referred to veterans, homeland security and military affairs

Votes

view votes

Feb 4, 2014 - Veterans, Homeland Security and Military Affairs committee Vote

S2651A
13
0
committee
13
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Veterans, Homeland Security and Military Affairs committee vote details

Veterans, Homeland Security and Military Affairs Committee Vote: Feb 4, 2014

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S2651 - Bill Details

See Assembly Version of this Bill:
A2492
Current Committee:
Law Section:
Military Law
Laws Affected:
Add §244-b, Mil L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3954, A9501
2009-2010: S4722, A10603

S2651 - Bill Texts

view summary

Relates to the service time of military personnel.

view sponsor memo
BILL NUMBER:S2651

TITLE OF BILL:
An act
to amend the military law, in relation to the service credit time of
military personnel

PURPOSE:
This bill would allow any person who is a member of any public
retirement system of the state, called up for active duty military
service during any period from September 11,2001 to the present time,
to be awarded full pension credit, for all time so employed on active
duty, as
if such person was employed full time in their public employment,
during the time of such active duty service, regardless of whether
such person receives any wages or salary income from such public
employment during such active duty service.

SUMMARY OF PROVISIONS:
Specifically, this bill would add section 244-b of the military law to
provide that:

Notwithstanding any other provision of law to the contrary, any
person, who is a member of any public retirement system of the state,
called up for active duty service as a member of the:

a. Naval militia;

b. New York State Guard;

c. New York National Guard;

d. Reserves; or

e. United States Army, Navy, Marines, Air Force, or Coast Guard,

during any period from September 11, 2001 to the present time, shall
be awarded full pension credit, for all time so employed on active
duty, as if such person was employed full time in their public
employment, during the time of such active duty, service, regardless
of whether such person receives any wages or salary income from such
public employment during such active duty service.

JUSTIFICATION:
Presently, most military veterans, who are state or local employees,
receive service public pension credit time while are on active duty.
A certain select few, however, mostly of officer rank, do not.

As a result, these persons, not only suffer the time away from home
and family incumbent from their service on active duty, but are also
penalized by losing their time credit in the public pension system.

This bill would remedy this gap in the law, and thereby eliminate the
present disincentive of a state or local employee to serve as an
officer in the reserves, militia or guard.


It would expressly recognize their service to our country, and end the
present penalty system which the current law mistakenly imposes.

America and New York needs every person who is willing to serve to
protect our freedom, liberty and way of life. This bill would
recognize that commitment of those brave men and women who have
answered the call since September 11th.

LEGISLATIVE HISTORY:
S.4722 of 2009/2010
6/24/11 Committed to Rules
6/6/12 Reported and Committed to Finance

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE:
This act would take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2651

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Veterans, Homeland Securi-
  ty and Military Affairs

AN ACT to amend the military law, in relation to the service credit time
  of military personnel

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

  Section  1.  The military law is amended by adding a new section 244-b
to read as follows:
  S 244-B. PENSION CREDIT DURING ACTIVE DUTY.  NOTWITHSTANDING ANY OTHER
PROVISION OF LAW TO THE CONTRARY, ANY PERSON, WHO IS  A  MEMBER  OF  ANY
PUBLIC RETIREMENT SYSTEM OF THE STATE, CALLED UP FOR ACTIVE DUTY SERVICE
AS A MEMBER OF THE:
  A. NAVAL MILITIA;
  B. NEW YORK STATE GUARD;
  C. NEW YORK NATIONAL GUARD;
  D. RESERVES; OR
  E.  UNITED  STATES ARMY, NAVY, MARINE CORPS, AIR FORCE OR COAST GUARD,
DURING ANY PERIOD FROM SEPTEMBER ELEVENTH, TWO THOUSAND ONE TO THE PRES-
ENT TIME, SHALL BE AWARDED FULL PENSION CREDIT, FOR ALL TIME SO EMPLOYED
ON ACTIVE DUTY, AS IF SUCH PERSON WAS EMPLOYED FULL TIME IN THEIR PUBLIC
EMPLOYMENT, DURING THE TIME OF SUCH ACTIVE DUTY SERVICE,  REGARDLESS  OF
WHETHER SUCH PERSON RECEIVES ANY WAGES OR SALARY INCOME FROM SUCH PUBLIC
EMPLOYMENT DURING SUCH ACTIVE DUTY SERVICE.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01067-02-3

Co-Sponsors

S2651A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A2492
Current Committee:
Law Section:
Military Law
Laws Affected:
Add §244-b, Mil L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3954, A9501
2009-2010: S4722, A10603

S2651A (ACTIVE) - Bill Texts

view summary

Relates to the service time of military personnel.

view sponsor memo
BILL NUMBER:S2651A

TITLE OF BILL: An act to amend the military law, in relation to the
service credit time of military personnel

PURPOSE: This bill would allow any person who is a member of any
public retirement system of the state, called up for active duty
military service during any period from September 11, 2001 to the
present time, to be awarded full pension credit, for all time so
employed on active duty, as if such person was employed full time in
their public employment, during the time of such active duty service,
regardless of whether such person receives any wages or salary income
from such public employment during such active duty service.

SUMMARY OF PROVISIONS: Specifically, this bill would add section 244-b
of the military law to provide that:

Notwithstanding any other provision of law to the contrary, any
person, who is a member of any public retirement system of-the state,
called up for active duty service as a member of the:

a. Naval militia;

b. New York State Guard;

c. New York National Guard;

d. Reserves; or

e. United States Army, Navy, Marines, Air Force, or Coast Guard,

during any period from September 11, 2001 to the present time, shall
be awarded full pension credit, for all time so employed on active
duty, as if such person was employed full time in their public
employment, during the time of such active duty, service, regardless
of whether such person receives any wages or salary income from such
public employment during such active duty service.

JUSTIFICATION: Presently, most military veterans, who are state or
local employees, receive service public pension credit time while are
on active duty. A certain select few, however, mostly of officer rank,
do not.

As a result, these persons, not only suffer the Lime away from home
and family incumbent from their service on active duty, but are also
penalized by losing their time credit in the public pension system.

This bill would remedy this gap in the law, and thereby eliminate the
present disincentive of a state or local employee to serve as an
officer in the reserves, militia or guard.

It would expressly recognize their service to our country, and end the
present penalty system which the current law mistakenly imposes.

America and New York needs every person who is willing to serve to
protect our freedom, liberty and way of life. This bill would


recognize that commitment of those brave men and women who have
answered the call since September 11th.

LEGISLATIVE HISTORY: A.9502 of 2011/2012 S.4722 of 2009/2010

FISCAL IMPLICATIONS: To be determined

EFFECTIVE DATE: This act would take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2651--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

Introduced  by Sens. BALL, ADDABBO, AVELLA, GIPSON, LARKIN -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Veterans, Homeland  Security  and  Military  Affairs  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the military law, in relation to the service credit time
  of military personnel

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

  Section 1. The military law is amended by adding a new  section  244-b
to read as follows:
  S 244-B. PENSION CREDIT DURING ACTIVE DUTY.  NOTWITHSTANDING ANY OTHER
PROVISION  OF  LAW  TO  THE CONTRARY, ANY PERSON, WHO IS A MEMBER OF ANY
PUBLIC RETIREMENT SYSTEM OF THE STATE, CALLED UP FOR ACTIVE DUTY SERVICE
AS A MEMBER OF THE:
  A. NAVAL MILITIA;
  B. NEW YORK STATE GUARD;
  C. NEW YORK NATIONAL GUARD;
  D. RESERVES; OR
  E. UNITED STATES ARMY, NAVY, MARINES, AIR FORCE OR COAST GUARD, DURING
ANY PERIOD FROM SEPTEMBER ELEVENTH, TWO  THOUSAND  ONE  TO  THE  PRESENT
TIME,  SHALL BE AWARDED FULL PENSION CREDIT, FOR ALL TIME SO EMPLOYED ON
ACTIVE DUTY, AS IF SUCH PERSON WAS EMPLOYED FULL TIME  IN  THEIR  PUBLIC
EMPLOYMENT,  DURING  THE TIME OF SUCH ACTIVE DUTY SERVICE, REGARDLESS OF
WHETHER SUCH PERSON RECEIVES ANY WAGES OR SALARY INCOME FROM SUCH PUBLIC
EMPLOYMENT DURING SUCH ACTIVE DUTY SERVICE.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01067-03-3

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.