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
              

                       [ ] is old law to be omitted.
                                                            LBD13155-03-0

 A. 9640                             2
 
 agents  as a merchant seaman documented by the United States Coast Guard
 or Department of Commerce, or as a civil servant employed by the  United
 States  Army  Transport Service (later redesignated as the United States
 Army  Transportation  Corps, Water Division) or the Naval Transportation
 Service; and who served satisfactorily as a crew member during the peri-
 od of armed conflict, December seventh, nineteen hundred  forty-one,  to
 August  fifteenth,  nineteen hundred forty-five, aboard merchant vessels
 in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
 terms are defined under federal law (46 USCA 10301 & 10501) and  further
 to  include "near foreign" voyages between the United States and Canada,
 Mexico, or the West Indies via ocean routes, or public vessels in ocean-
 going service or foreign waters and who has received  a  Certificate  of
 Release or Discharge from Active Duty and a discharge certificate, or an
 Honorable Service Certificate/Report of Casualty, from the Department of
 Defense,  or  service  by  one  who  served  as a United States civilian
 employed by the American Field Service and served overseas under  United
 States  Armies  and United States Army Groups in world war II during the
 period of armed conflict, December seventh, nineteen  hundred  forty-one
 through  May  eighth,  nineteen  hundred  forty-five,  and  who  (I) was
 discharged or released therefrom under honorable conditions, OR (II) 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 (III) 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, or service by one who served as a United States civilian Flight
 Crew and Aviation Ground Support Employee of Pan American World  Airways
 or  one  of  its subsidiaries or its affiliates and served overseas as a
 result of Pan American's contract with Air Transport  Command  or  Naval
 Air  Transport  Service  during  the  period of armed conflict, December
 fourteenth, nineteen hundred forty-one through August fourteenth,  nine-
 teen  hundred forty-five, and who (IV) was discharged or released there-
 from under honorable conditions, OR (V) 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  (VI)  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, or of any
 person who:
   a. (I) Has been  honorably  discharged  or  released  therefrom  under
 honorable  circumstances, OR (II) 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
 (III) 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
   b. Was a resident of this state at the time of his entrance into  such
 armed forces, or, if not a resident of this state at that time, was then
 or  thereafter became an employee of a participating employer created by
 and deriving its powers from an agreement between  this  state  and  any
 other  state  and  was a resident of such other state at the time of his
 entrance into such armed forces, and
   c. Was either a member of the retirement system and an employee of the
 state or of a participating employer at the time he entered  such  armed
 forces or became such employee and such member while in such armed forc-
 es on or before July first, nineteen hundred forty-eight, or became such

 A. 9640                             3
 
 employee  while in such armed forces and subsequently became such member
 on or before July first, nineteen hundred forty-eight, or was an employ-
 ee of an employer which was not a participating employer at the time  he
 entered  such  armed  forces but which elected to become a participating
 employer while he was absent on military duty, or was an employee of the
 state or of a participating employer or was  a  teacher  as  defined  in
 article eleven of the education law at the time of his entrance into the
 armed  forces and became a member of the retirement system subsequent to
 separation or discharge from the armed services, and
   d. Returned to the employment of the state or a participating  employ-
 er,  within  one  year  following  discharge or release or completion of
 advanced education provided under the servicemen's readjustment  act  of
 nineteen  hundred  forty-four,  certified  on  a  world  war II military
 service certificate, and allowable as provided in section  forty-one  of
 this  article.  Such  service shall not include any periods during which
 civil compensation was received by the member under  the  provisions  of
 section  two  hundred  forty-two  of the military law, or section six of
 chapter six hundred eight of the laws of nineteen hundred fifty-two; or
   (2) Military service, not in excess of three years and  not  otherwise
 creditable  under  paragraph  one hereof, rendered on active duty in the
 armed forces of the United States  during  the  period  commencing  July
 first,  nineteen  hundred  forty, and terminating December thirty-first,
 nineteen hundred forty-six, or service by one who was  employed  by  the
 War Shipping Administration or Office of Defense Transportation or their
 agents  as a merchant seaman documented by the United States Coast Guard
 or Department of Commerce, or as a civil servant employed by the  United
 States  Army  Transport Service (later redesignated as the United States
 Army Transportation Corps, Water Division) or the  Naval  Transportation
 Service; and who served satisfactorily as a crew member during the peri-
 od  of  armed conflict, December seventh, nineteen hundred forty-one, to
 August fifteenth, nineteen hundred forty-five, aboard  merchant  vessels
 in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
 terms  are defined under federal law (46 USCA 10301 & 10501) and further
 to include "near foreign" voyages between the United States and  Canada,
 Mexico, or the West Indies via ocean routes, or public vessels in ocean-
 going  service  or  foreign waters and who has received a Certificate of
 Release or Discharge from Active Duty and a discharge certificate, or an
 Honorable Service Certificate/Report of Casualty, from the Department of
 Defense, or service by one  who  served  as  a  United  States  civilian
 employed  by the American Field Service and served overseas under United
 States Armies and United States Army Groups in world war II  during  the
 period  of  armed conflict, December seventh, nineteen hundred forty-one
 through May  eighth,  nineteen  hundred  forty-five,  and  who  (I)  was
 discharged or released therefrom under honorable conditions, OR (II) 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 (III) 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, or service by one who served as a United States civilian Flight
 Crew  and Aviation Ground Support Employee of Pan American World Airways
 or one of its subsidiaries or its affiliates and served  overseas  as  a
 result  of  Pan  American's contract with Air Transport Command or Naval
 Air Transport Service during the  period  of  armed  conflict,  December
 fourteenth,  nineteen hundred forty-one through August fourteenth, nine-
 teen hundred forty-five, and who (IV) was discharged or released  there-

 A. 9640                             4
 
 from  under  honorable conditions, OR (V) 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  (VI)  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, by a person
 who was a resident of New York state at the  time  of  entry  into  such
 service and at the time of being discharged therefrom (VII) under honor-
 able circumstances, OR (VIII) WITH A QUALIFYING CONDITION, AS DEFINED IN
 SECTION  THREE  HUNDRED  FIFTY  OF  THE  EXECUTIVE  LAW,  AND RECEIVED A
 DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH  SERVICE,  OR
 (IX)  AS  A DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION THREE HUNDRED
 FIFTY OF THE EXECUTIVE LAW, AND RECEIVED  A  DISCHARGE  OTHER  THAN  BAD
 CONDUCT OR DISHONORABLE FROM SUCH SERVICE, or, if not a resident of this
 state  at  such  times  was  then  or thereafter became an employee of a
 participating employer created by and deriving its powers from an agree-
 ment between this state and any other state, and was a resident of  such
 other  state  at the time of entry into and discharge from such service,
 and who makes the payments required by subdivision k of  section  forty-
 one of this article.
   However,  no military service shall be creditable under this paragraph
 two in the case of a member under an existing plan permitting retirement
 upon twenty years of creditable  service  who  is  receiving  a  federal
 pension (other than for disability) based upon a minimum of twenty years
 of  full  time active military service in the armed forces of the United
 States nor shall any military service be creditable in  the  case  of  a
 member  under  any other plan who is receiving a military pension (other
 than for disability) for military service in the  armed  forces  of  the
 United States.
   §  4. Subparagraph (c) of paragraph 8 of subdivision a of section 80-a
 of the retirement and social security law, as added by  chapter  219  of
 the laws of 1968, is amended to read as follows:
   (c) In the case of a senator or assemblyman, service, not in excess of
 three  years and not otherwise creditable under subparagraph (b) of this
 paragraph [eight], rendered on active duty in the armed  forces  of  the
 United  States during the period commencing July first, nineteen hundred
 forty, and terminating December thirty-first,  nineteen  hundred  forty-
 six,  by  a  person  who  (I) was a resident of the state at the time of
 entry into service and at the time of being discharged  therefrom  under
 honorable  circumstances, OR (II) HAS A QUALIFYING CONDITION, AS DEFINED
 IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND WAS A  RESIDENT
 OF  THE  STATE  AT  THE  TIME  OF  ENTRY INTO SERVICE AND AT THE TIME OF
 RECEIVING A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE  FROM  SUCH
 SERVICE,  OR  (III)  IS A DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION
 THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND  WAS  A  RESIDENT  OF  THE
 STATE  AT  THE TIME OF ENTRY INTO SERVICE AND AT THE TIME OF RECEIVING A
 DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE.
   § 5. Subdivision (i) of section 89-a  of  the  retirement  and  social
 security  law,  as  added  by  chapter  996 of the laws of 1966 and such
 section as renumbered by chapter 1059 of the laws of 1968, is amended to
 read as follows:
   (i) In computing the twenty-five years of total service  of  a  member
 pursuant  to  this section full credit shall be given and full allowance
 shall be made for service of such member in time of war after world  war
 I as defined in section two of this chapter, provided such member at the
 time  of his entrance into the military service of the United States was

 A. 9640                             5
 
 then a resident of this state and in the service of a  sheriffs  depart-
 ment  and  (1) had been honorably discharged or released under honorable
 circumstances from such military service, OR (2) HAS A QUALIFYING CONDI-
 TION,  AS  DEFINED  IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW,
 AND 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 RECEIVED A DISCHARGE OTHER
 THAN  BAD  CONDUCT  OR  DISHONORABLE  FROM SUCH SERVICE, and SUCH MEMBER
 returned to the service of a sheriffs department within the time limited
 by section two of this chapter.
   § 6. Paragraph a of subdivision 29 of section 302  of  the  retirement
 and  social  security law, as added by chapter 1000 of the laws of 1966,
 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
   § 7. Paragraph d of subdivision 29-a of section 302 of the  retirement
 and  social  security law, as added by chapter 1000 of the laws of 1966,
 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.
   §  8. Subdivision 31 of section 302 of the retirement and social secu-
 rity law, as amended by chapter 616 of the laws of 1995, subparagraph  c
 of paragraph 1 as amended by chapter 476 of the laws of 2018, 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
 agents  as a merchant seaman documented by the United States Coast Guard
 or Department of Commerce, or as a civil servant employed by the  United
 States  Army  Transport Service (later redesignated as the United States
 Army Transportation Corps, Water Division) or the  Naval  Transportation
 Service; and who served satisfactorily as a crew member during the peri-
 od  of  armed conflict, December seventh, nineteen hundred forty-one, to
 August fifteenth, nineteen hundred forty-five, aboard  merchant  vessels
 in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
 terms  are defined under federal law (46 USCA 10301 & 10501) and further
 to include "near foreign" voyages between the United States and  Canada,
 Mexico, or the West Indies via ocean routes, or public vessels in ocean-
 going  service  or  foreign waters and who has received a Certificate of
 Release or Discharge from Active Duty and a discharge certificate, or an
 Honorable Service Certificate/Report of Casualty, from the Department of
 Defense, or service by one  who  served  as  a  United  States  civilian
 employed  by the American Field Service and served overseas under United

 A. 9640                             6
 
 States Armies and United States Army Groups in world war II  during  the
 period  of  armed conflict, December seventh, nineteen hundred forty-one
 through May  eighth,  nineteen  hundred  forty-five,  and  who  (I)  was
 discharged or released therefrom under honorable conditions, OR (II) 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 (III) 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, or service by one who served as a United States civilian Flight
 Crew  and Aviation Ground Support Employee of Pan American World Airways
 or one of its subsidiaries or its affiliates and served  overseas  as  a
 result  of  Pan  American's contract with Air Transport Command or Naval
 Air Transport Service during the  period  of  armed  conflict,  December
 fourteenth,  nineteen hundred forty-one through August fourteenth, nine-
 teen hundred forty-five, and who (IV) was discharged or released  there-
 from  under  honorable conditions, OR (V) 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 (VI) 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,  or  of  any
 person who:
   a.  (I)  Has  been  honorably  discharged  or released therefrom under
 honorable circumstances, OR (II) 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
 (III)  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
   b.  Was a resident of this state at the time of his entrance into such
 armed forces, or, if not a resident of this state at that time, was then
 or thereafter became an employee of a participating employer created  by
 and  deriving  its  powers  from an agreement between this state and any
 other state and was a resident of such other state at the  time  of  his
 entrance into such armed forces, and
   c.  Was  either  a  member  of the New York state and local employees'
 retirement system and an employee of the state  or  of  a  participating
 employer  of such system at the time he or she entered such armed forces
 or became such employee and such member while in such armed forces on or
 before July first, nineteen hundred forty-eight, or became such employee
 while in such armed forces and subsequently became  such  member  on  or
 before  July  first, nineteen hundred forty-eight, or was an employee of
 an employer which was not a participating employer at the time he or she
 entered such armed forces but which elected to  become  a  participating
 employer while he or she was absent on military duty, or was an employee
 of  the state or of a participating employer or was a teacher as defined
 in article eleven of the education  law  at  the  time  of  his  or  her
 entrance  into  the  armed  forces and became a member of the police and
 fire retirement system subsequent to separation or  discharge  from  the
 armed services, and
   d.  Returned to the employment of the state or a participating employ-
 er, within one year following discharge  or  release  or  completion  of
 advanced  education  provided under the servicemen's readjustment act of
 nineteen hundred forty-four,  certified  on  a  world  war  II  military
 service  certificate,  and allowable as provided in section forty-one of

 A. 9640                             7
 
 this article. Such service shall not include any  periods  during  which
 civil  compensation  was  received by the member under the provisions of
 section two hundred forty-two of the military law,  or  section  six  of
 chapter six hundred eight of the laws of nineteen hundred fifty-two; or
   (2)  Military  service, not in excess of three years and not otherwise
 creditable under paragraph one hereof, rendered on active  duty  in  the
 armed  forces  of  the  United  States during the period commencing July
 first, nineteen hundred forty, and  terminating  December  thirty-first,
 nineteen  hundred  forty-six,  or service by one who was employed by the
 War Shipping Administration or Office of Defense Transportation or their
 agents as a merchant seaman documented by the United States Coast  Guard
 or  Department of Commerce, or as a civil servant employed by the United
 States Army Transport Service (later redesignated as the  United  States
 Army  Transportation  Corps, Water Division) or the Naval Transportation
 Service; and who served satisfactorily as a crew member during the peri-
 od of armed conflict, December seventh, nineteen hundred  forty-one,  to
 August  fifteenth,  nineteen hundred forty-five, aboard merchant vessels
 in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
 terms are defined under federal law (46 USCA 10301 & 10501) and  further
 to  include "near foreign" voyages between the United States and Canada,
 Mexico, or the West Indies via ocean routes, or public vessels in ocean-
 going service or foreign waters and who has received  a  Certificate  of
 Release or Discharge from Active Duty and a discharge certificate, or an
 Honorable Service Certificate/Report of Casualty, from the Department of
 Defense,  or  service  by  one  who  served  as a United States civilian
 employed by the American Field Service and served overseas under  United
 States  Armies  and United States Army Groups in world war II during the
 period of armed conflict, December seventh, nineteen  hundred  forty-one
 through  May  eighth,  nineteen  hundred  forty-five,  and  who  (I) was
 discharged or released therefrom under honorable conditions, OR (II) 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 (III) 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, or service by one who served as a United States civilian Flight
 Crew and Aviation Ground Support Employee of Pan American World  Airways
 or  one  of  its subsidiaries or its affiliates and served overseas as a
 result of Pan American's contract with Air Transport  Command  or  Naval
 Air  Transport  Service  during  the  period of armed conflict, December
 fourteenth, nineteen hundred forty-one through August fourteenth,  nine-
 teen  hundred forty-five, and who (IV) was discharged or released there-
 from under honorable conditions, OR (V) 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  (VI)  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, or by a person
 who  was  a  resident  of  New York state at the time of entry into such
 service and at the time of being discharged therefrom (VII) under honor-
 able circumstances, OR (VIII) WITH A QUALIFYING CONDITION, AS DEFINED IN
 SECTION THREE HUNDRED  FIFTY  OF  THE  EXECUTIVE  LAW,  AND  RECEIVED  A
 DISCHARGE  OTHER  THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR
 (IX) AS A DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION  THREE  HUNDRED
 FIFTY  OF  THE  EXECUTIVE  LAW,  AND RECEIVED A DISCHARGE OTHER THAN BAD
 CONDUCT OR DISHONORABLE FROM SUCH SERVICE, or, if not a resident of this

 A. 9640                             8
 
 state at such times was then or  thereafter  became  an  employee  of  a
 participating employer created by and deriving its powers from an agree-
 ment  between this state and any other state, and was a resident of such
 other  state  at the time of entry into and discharge from such service,
 and who makes the payments required by subdivision k  of  section  three
 hundred forty-one of this chapter.
   However,  no military service shall be creditable under this paragraph
 two in the case of a member under an existing plan permitting retirement
 upon twenty years of creditable  service  who  is  receiving  a  federal
 pension (other than for disability) based upon a minimum of twenty years
 of  military  service in the armed forces of the United States nor shall
 such military service be creditable in the case of a  member  under  any
 other plan who is receiving a military pension (other than for disabili-
 ty) for such service.
   §  9. Subdivision 1 of section 1000 of the retirement and social secu-
 rity law, as amended by chapter 41 of the laws of 2016,  is  amended  to
 read as follows:
   1.  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, if the member (A) was honorably discharged from the  mili-
 tary,  OR  (B)  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  (C) 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.
   § 10. This act shall take effect one year after it shall have become a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule or regulation necessary for the implementation of this act  on  its
 effective date are authorized to be made and completed on or before such
 effective date.
   FISCAL NOTE.--
   This  bill would extend the benefits of Section 1000 of Retirement and
 Social Security Law to any member of a public retirement system  in  New
 York State who has a qualifying condition or is a discharged LGBT veter-
 an as defined section 350 of the Executive Law. The total service credit
 granted  for  any military service shall not exceed three years. Members
 must have at least five years of credited service (not  including  mili-
 tary  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 15% (12% 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  19%  (16% 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.

 A. 9640                             9

   ERS costs would be borne entirely by the State of New  York.  Since  a
 member  can  apply  for this service credit at any time prior to retire-
 ment, 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 would be shared by the State of New York  and  the  partic-
 ipating 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, 2019  actuarial  valu-
 ation.  Distributions  and  other  statistics  can  be found in the 2019
 Report of the  Actuary  and  the  2019  Comprehensive  Annual  Financial
 Report.
   The  actuarial assumptions and methods used are described in the 2015,
 2016, 2017, 2018 and 2019 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, 2019
 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  fiscal note does not constitute a legal opinion on the viability
 of the proposed change nor is it intended to serve as a  substitute  for
 the professional judgment of an attorney.
   This  estimate,  dated  January  22,  2020,  and intended for use only
 during the  2020  Legislative  Session,  is  Fiscal  Note  No.  2020-27,
 prepared  by  the  Actuary  for  the New York State and Local Retirement
 System.