assembly Bill A9640

2019-2020 Legislative Session

Relates to discharged LGBT veterans

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Archive: Last Bill Status - In Assembly 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 29, 2020 referred to governmental employees

A9640 (ACTIVE) - Details

See Senate Version of this Bill:
S8280
Law Section:
Retirement and Social Security Law
Laws Affected:
Amd §§2, 80-a, 89-a, 302 & 1000, R & SS L
Versions Introduced in 2021-2022 Legislative Session:
A5278, S6022

A9640 (ACTIVE) - Summary

Relates to discharged LGBT veterans; adds veterans who have qualifying conditions or who are discharged as LGBT veterans to certain provisions that apply to veterans who have been honorably discharged or released from military service.

A9640 (ACTIVE) - Bill Text download pdf


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

                                  9640

                          I N  A S S E M B L Y

                            January 29, 2020
                               ___________

Introduced  by M. of A. BARRETT -- read once and referred to the Commit-
  tee on Governmental Employees

AN ACT to amend the retirement and social security law, in  relation  to
  discharged LGBT veterans

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

  Section 1. Paragraph a of subdivision 29 of section 2 of  the  retire-
ment and social security law is amended to read as follows:
  a.  (1)  Has  been  honorably  discharged  or released therefrom under
honorable circumstances, OR (2) HAS A QUALIFYING CONDITION,  AS  DEFINED
IN  SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A
DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH  SERVICE,  OR
(3)  IS  A  DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION THREE HUNDRED
FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN  BAD
CONDUCT OR DISHONORABLE FROM SUCH SERVICE, and
  §  2.  Paragraph  d of subdivision 29-a of section 2 of the retirement
and social security law, as amended by chapter 528 of the laws of  1964,
is amended to read as follows:
  d.  Credit  under  this  section  shall  not accrue to a person who is
released from active duty under conditions other than honorable,  UNLESS
SUCH  PERSON  HAS  A  QUALIFYING  CONDITION, AS DEFINED IN SECTION THREE
HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A  DISCHARGE  OTHER
THAN  BAD  CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR IS A DISCHARGED
LGBT VETERAN, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE
LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE
FROM SUCH SERVICE.
  § 3. Subdivision 31 of section 2 of the retirement and social security
law, as amended by chapter 616 of the laws of 1995, is amended  to  read
as follows:
  31.  "Service in world war II." (1) Military service during the period
commencing July first, nineteen hundred forty, and terminating  December
thirty-first, nineteen hundred forty-six, as a member of the armed forc-
es  of  the United States, or service by one who was employed by the War
Shipping Administration or Office of  Defense  Transportation  or  their

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets