senate Bill S5139

2013-2014 Legislative Session

Grants up to 3 years service credit in the public retirement systems of the state for military service in hostilities from October 7, 2001 until the end of hostilities in Afghanistan

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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 08, 2014 referred to veterans, homeland security and military affairs
returned to senate
died in assembly
Jun 11, 2013 referred to governmental employees
delivered to assembly
passed senate
Jun 10, 2013 ordered to third reading cal.1209
committee discharged and committed to rules
May 10, 2013 referred to veterans, homeland security and military affairs

Votes

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S5139 - Bill Details

Current Committee:
Senate Veterans, Homeland Security And Military Affairs
Law Section:
Retirement and Social Security Law
Laws Affected:
Amd ยง1000, R & SS L

S5139 - Bill Texts

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Grants up to 3 years service credit in the public retirement systems of the state for military service in hostilities from October 7, 2001 until the end of hostilities in Afghanistan.

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BILL NUMBER:S5139

TITLE OF BILL: An act to amend the retirement and social security
law, in relation to providing service credit to members of public
retirement systems of the state for certain military service in
hostilities in Afghanistan

PURPOSE:

This bill would grant up to 3 years service credit in the public
retirement systems of the state for military service in hostilities
from October 7, 2001 until the end of hostilities in Afghanistan.

SUMMARY OF PROVISIONS:

Section one of this bill amends subdivision 2 of section 1000 of the
retirement and social security law, as added by chapter 548 of the
laws of 2000, by adding a new paragraph (e). This paragraph grants
individuals who participated in the hostilities in Afghanistan as part
of the military forces of the United States, from the seventh day of
October, two thousand one, to the end of such hostilities, as
established by receipt of the armed forces expeditionary medal, the
navy expeditionary medal or the marine corps expeditionary medal up to
three years of service credit in the public retirement systems of the
state.

Section two contains the effective date.

EXISTING LAW:

Current law allows for 3 years service credit in the public retirement
systems of the state be afforded to those individuals who have
participated in hostilities as a part of the military forces of the
United States in Panama, Lebanon, Grenada, and 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.

JUSTIFICATION:

Under current law, a member of a public retirement system of the state
shall be eligible for credit for military service upon application to
such retirement system for a total not to exceed three years of
service credit for three years of military duty. Those who have served
in numerous military conflicts including but not limited to, Lebanon,
Grenada, Panama, Iraq, Kuwait, Saudi Arabia, and the Persian gulf have
already been afforded these three years of service credit.

The United States first began military intervention in Afghanistan on
October 7, 2001. Since the end of the surge of US troops in
Afghanistan in 2011, the US has been cutting its troops level in the
country. As of this January, the number of US troops has been reduced
from a high of 100,000 in 2011 to 66,000 with the end of such
hostilities projected to occur by the end of 2014. This conflict has
raged on for over 11 years and, even though the end is in sight, has
yet to be concluded. To date, 97 New Yorkers have lost their life due
to this conflict with hundreds more wounded and serving.


This bill would reward those New Yorkers who have made the great
sacrifice of serving in the Armed Services so honorably and
courageously with up to three years of service credit. Past veterans
have been rewarded with such service credit and it is only fair to
offer the same service credit to these individuals who have fought so
bravely for their state and nation. These individuals deserve the same
treatment as past veterans and this is what this bill intends to
accomplish.

LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

See fiscal note attached to bill.

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                  5139

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 10, 2013
                               ___________

Introduced  by  Sen.  LITTLE -- 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 retirement and social security law, in  relation  to
  providing  service  credit  to members of public retirement systems of
  the state for certain military service in hostilities in Afghanistan

  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) HOSTILITIES PARTICIPATED IN BY THE MILITARY FORCES OF  THE  UNITED
STATES  IN  AFGHANISTAN,  FROM  THE SEVENTH DAY OF OCTOBER, TWO THOUSAND
ONE, TO THE END OF SUCH HOSTILITIES, AS ESTABLISHED BY  RECEIPT  OF  THE
ARMED  FORCES  EXPEDITIONARY  MEDAL, THE NAVY EXPEDITIONARY MEDAL OR THE
MARINE CORPS EXPEDITIONARY MEDAL.
  S 2. This act shall take effect immediately.
  FISCAL NOTE.--This bill would extend the benefits of Chapter 548, Laws
of 2000 to members of public retirement systems in New  York  State  who

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10735-03-3

S. 5139                             2

rendered  military  service  in Afghanistan from 10/7/2001 to the end of
hostilities and were assigned to the theater of  operations.  The  total
service  credit  granted for any military service shall not exceed three
(3)  years.  Members  must  have at least five years of credited service
(not including military service). Tier 1-5 members would be required  to
make  a  payment  of three percent of their most recent compensation per
year of additional service credit granted by this bill. Tier  6  members
would  be required to make a payment of six percent of their most recent
compensation per year of additional service credit.
  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% (9% for Tier 6)  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%  (14% for Tier 6) of an affected
members' compensation for  each  year  of  additional  service  that  is
purchased.
  The  exact  number  of  current  members as well as future members who
could be affected by this legislation cannot be readily determined.
  ERS Costs: Pursuant to Section 25 of the Retirement and Social Securi-
ty Law, the increased cost to the New York State  and  Local  Employees'
Retirement  System  would be borne entirely by the State of New York and
would require an itemized appropriation sufficient to pay  the  cost  of
the  provision.  Since a member can apply for this service credit at any
time prior to retirement, a precise cost can't be determined until  each
member, as well as future members, applies for the service credit. Every
year  a cost will be determined (and billed to the state) based on those
benefiting from this provision.
  PFRS Costs: These costs would be shared by the State of New  York  and
the participating employers in the PFRS.
  Summary of relevant resources:
  Data:  March  31,  2012  Actuarial Year End File with distributions of
membership and other statistics displayed in  the  2012  Report  of  the
Actuary and 2012 Comprehensive Annual Financial Report.
  Assumptions  and  Methods:  2010,  2011  and 2012 Annual Report to the
Comptroller on Actuarial Assumptions, Codes Rules and Regulations of the
State of New York: Audit and Control.
  Market Assets and GASB Disclosures: March 31, 2012 New York State  and
Local  Retirement System Financial Statements and Supplementary Informa-
tion.
  Valuations of Benefit Liabilities and Actuarial Assets: summarized  in
the 2012 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 May 9, 2013 and intended for use only during the
2013 Legislative Session, is Fiscal Note No. 2013-147, 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.

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