senate Bill S6192

2013-2014 Legislative Session

Relates to military service credits

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 (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to civil service and pensions

S6192 - Bill Details

Current Committee:
Law Section:
Retirement and Social Security Law
Laws Affected:
Amd ยง1000, R & SS L

S6192 - Bill Texts

view summary

Provides military service credits for those persons who served in the military in hostilities participated in by the military forces of the United States in the Global War on Terrorism from September two thousand one through the end of such hostilities and hostilities participated in by the military forces of the United States in UN related combat theaters in Somalia, in NATO related combat theaters in Bosnia in nineteen hundred ninety-five through two thousand four and Kosovo in nineteen hundred ninety-nine.

view sponsor memo
BILL NUMBER:S6192

TITLE OF BILL: An act to amend the retirement and social security
law, in relation to military service credits

PURPOSE OR GENERAL IDEA OF BILL: The purpose of the bill is to allow
members of the service to obtain service credit not to exceed seven
years of service credit for up to fifty percent of their total years
in active military duty and to update the list of "hostilities" which
qualifies veterans for military service credits.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends the language of the opening paragraph and
adds two new paragraphs (e) and (f) to subdivision 2 of section 1000
of the retirement and social security law. Language is added to the
opening paragraph which will allow a member of the service to obtain a
credit which is the greater of up to three years of service credit for
up to three years of military duty or not to exceed seven years of
service credit for fifty percent of such member's total years in
active military duty. The bill also adds two new paragraphs (e) and
(f) which add to the military conflicts in which members may have
served in order to be eligible for such service credits including the
Global War on Terrorism from September 11, 2001 through the end of
such hostilities in paragraph (e) and United States participation in
UN related combat theaters in Somalia, Bosnia and Kosovo in paragraph
(f).

Section 2 of the bill sets forth an immediate effective date.

JUSTIFICATION: State law currently provides military service credit
up to a maximum of three years of service credit for up to three years
of active military duty. This arbitrary cap does not allow a veteran
who has dedicated their life to service in the military for longer
than 3 years to be acknowledged for that sacrifice. This is especially
the case for those veterans who may have stayed in the military for up
to 14 years and then returned to civilian employment but were
ineligible to stay long enough in the military to retire after 20
years and thus receive federal retirement benefits.

It is appropriate that veterans be allowed to obtain up seven years of
service credit for 50% of their total years in active military duty as
recognition of their valor and dedication to the security of this
country.

The bill also amends the law to bring current the list of
"hostilities" which qualifies veterans for military service credits.
This includes the hostilities in the Global War on Terrorism
(including Iraq, Kuwait, Saudi Arabia, Bahrain, Qatar, the United Arab
Emirate, Oman, the Gulf of Aden, the Gulf of Oman, the Persian Gulf,
the Red Sea, and the airspace above these location, and the UN related
combat theaters in Somalia, Bosnia and Kosovo.

PRIOR LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: This bill would amend the benefits of Chapter
548, Laws of 200 to permit members of public retirement systems in New


York State who are eligible to purchase military service credit, to
purchase the larger of up to 3 years of service credit, or up to 50%
of such member's total years in active military duty up to 7 years of
service credit (current law allows up to 3 years). In addition, this
bill would include the following conflicts as allowable military
service for credit in the case of a veteran who served in the theater
of operations:

-from 9/11/01 to the end of hostilities in Afghanistan, Iraq,
Pakistan, Yemen, Oman, Saudi Arabia, Turkey, Libya, Egypt, India,
Lebanon, Syria, the Gulf of Aden, the Gulf of Oman, the Persian Gulf,
the Red Sea and the airspace above these locations

-in UN related combat theaters in Somalia from 8/1992 - 3/1994

-in NATO related combat theaters in Bosnia 12/1995 - 11/2004

-in NATO related combat theaters in Kosovo 4/1999 - 6/1999

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 their 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 the 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 15% (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
Security Law, the increased cost to other 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:


The membership data used in measuring the impact of the proposed
change was the same as that used in the March 31, 2013 actuarial
valuation. Distributions and other statistics can be found in the 2013
Report of the Actuary and the 2013 Comprehensive Annual Financial
Report.

The actuarial assumptions and methods used are described in the 2010,
2011, 2012 and 2013 Annual Report to the Comptroller on Actuarial
Assumptions, and the Codes Rules and Regulations of the State of New
York: Audit and Control.

The Market Assets and GASB Disclosures are found in the March 31, 2013
New York State and Local Retirement System Financial Statements and
Supplementary Information.

I am a member of the American Academy of Actuaries and meet the
Qualification Standards to render the actuarial opinion contained
herein.

This estimate, dated December 6, 2013 and intended for use only during
the 2014 Legislative Session, is Fiscal Note No. 2014-38, prepared by
the Actuary for the New York State and Local Police and Fire
Retirement System.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  6192

                            I N  S E N A T E

                               (PREFILED)

                             January 8, 2014
                               ___________

Introduced  by  Sen.  AVELLA -- 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 credits

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

  Section 1. The opening paragraph and paragraphs (c) and (d) of  subdi-
vision  2  of section 1000 of the retirement and social security law, as
added by chapter 548 of the laws of 2000, are amended and two new  para-
graphs (e) and (f) are added to read as follows:
  A  member,  upon  application  to such retirement system, may obtain a
total not to exceed three years of service credit for up to three  years
of  military  duty, as defined in section two hundred forty-three of the
military law, OR NOT TO EXCEED SEVEN YEARS OF SERVICE CREDIT  FOR  FIFTY
PERCENT  OF SUCH MEMBER'S TOTAL YEARS IN ACTIVE MILITARY DUTY, WHICHEVER
IS GREATER, if honorably discharged therefrom, if all or  part  of  such
services  was  rendered  in  the military conflicts referenced below, 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[.];
  (E) HOSTILITIES PARTICIPATED IN BY THE MILITARY FORCES OF  THE  UNITED
STATES IN THE GLOBAL WAR ON TERRORISM FROM SEPTEMBER ELEVENTH, TWO THOU-
SAND  ONE  THROUGH  THE END OF SUCH HOSTILITIES IN CASE OF A VETERAN WHO
SERVED IN THE THEATER OF OPERATIONS INCLUDING AFGHANISTAN, IRAQ,  PAKIS-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13008-07-4

S. 6192                             2

TAN,  YEMEN,  OMAN,  SAUDI ARABIA, TURKEY, LIBYA, EGYPT, INDIA, LEBANON,
SYRIA, THE GULF OF ADEN, THE GULF OF OMAN, THE  PERSIAN  GULF,  THE  RED
SEA, AND THE AIRSPACE ABOVE THESE LOCATIONS; OR
  (F)  HOSTILITIES  PARTICIPATED IN BY THE MILITARY FORCES OF THE UNITED
STATES IN CASE OF A VETERAN WHO SERVED IN UN RELATED COMBAT THEATERS  IN
SOMALIA  FROM  AUGUST NINETEEN HUNDRED NINETY-TWO THROUGH MARCH NINETEEN
HUNDRED NINETY-FOUR, IN CASE OF A VETERAN WHO  SERVED  IN  NATO  RELATED
COMBAT  THEATERS  IN  BOSNIA  IN  DECEMBER  NINETEEN HUNDRED NINETY-FIVE
THROUGH NOVEMBER TWO THOUSAND FOUR AND IN CASE OF A VETERAN  WHO  SERVED
IN  NATO  RELATED  COMBAT  THEATERS  IN KOSOVO IN APRIL NINETEEN HUNDRED
NINETY-NINE THROUGH JUNE NINETEEN HUNDRED NINETY-NINE.
  S 2. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This bill would amend the benefits of Chapter 548,  Laws  of  2000  to
permit  members  of  public retirement systems in New York State who are
eligible to purchase military service credit, to purchase the larger  of
up  to  3  years  of service credit, or up to 50% of such member's total
years in active military duty up to 7 years of service  credit  (current
law  allows  up  to  3  years). In addition, this bill would include the
following conflicts as allowable military service for credit in the case
of a veteran who served in the theater of operations:
  - from 09/11/01 to the end of hostilities in Afghanistan, Iraq, Pakis-
tan, Yemen, Oman, Saudi Arabia, Turkey, Libya,  Egypt,  India,  Lebanon,
Syria, the Gulf of Aden, the Gulf of Oman, the Persian Gulf, the Red Sea
and the airspace above these locations
  - In UN related combat theaters in Somalia from 08/1992 - 03/1994
  - In NATO related combat theaters in Bosina 12/1995 - 11/2004
  - In NATO related combat theaters in Kosovo 04/1999 - 06/1999
  Members must have at least five years of credited service (not includ-
ing  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 their bill. Tier 6 members would be
required  to  make a payment of six percent of their most recent compen-
sation per year of additional service credit.
  If the 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 15% (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.

S. 6192                             3

  PFRS  Costs:  These costs would be shared by the State of New York and
the participating employers in the PFRS.
  Summary of relevant resources:
  The  membership  data  used  in  measuring  the impact of the proposed
change was the same as that used in the March 31, 2013  actuarial  valu-
ation.    Distributions  and  other  statistics can be found in the 2013
Report of the  Actuary  and  the  2013  Comprehensive  Annual  Financial
Report.
  The  actuarial assumptions and methods used are described in the 2010,
2011, 2012 and 2013  Annual  Report  to  the  Comptroller  on  Actuarial
Assumptions,  and  the  Codes  Rules and Regulations of the State of New
York: Audit and Control.
  The Market Assets and GASB Disclosures are found in the March 31, 2013
New York State and Local  Retirement  System  Financial  Statements  and
Supplementary Information.
  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 December 6, 2013 and intended for use only during
the  2014  Legislative  Session, is Fiscal Note No. 2014-38, prepared by
the Actuary for the New York State and Local Police and Fire  Retirement
System.

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.