senate Bill S5038

2019-2020 Legislative Session

Relates to the military service credit

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee


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

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Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to civil service and pensions
returned to senate
died in assembly
Jun 11, 2019 referred to governmental employees
delivered to assembly
passed senate
Jun 03, 2019 advanced to third reading
May 30, 2019 2nd report cal.
May 29, 2019 1st report cal.923
Apr 04, 2019 referred to civil service and pensions

Votes

view votes

May 29, 2019 - Civil Service and Pensions committee Vote

S5038
7
0
committee
7
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Civil Service and Pensions committee vote details

Civil Service and Pensions Committee Vote: May 29, 2019

Co-Sponsors

S5038 (ACTIVE) - Details

Current Committee:
Senate Civil Service And Pensions
Law Section:
Retirement and Social Security Law
Laws Affected:
Amd §1000, R & SS L

S5038 (ACTIVE) - Summary

Relates to the military service credit.

S5038 (ACTIVE) - Sponsor Memo

S5038 (ACTIVE) - Bill Text download pdf


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

                                  5038

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              April 4, 2019
                               ___________

Introduced  by Sen. HARCKHAM -- 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
  the military service credit

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

  Section 1. Section 1000 of the retirement and social security  law  is
amended by adding a new subdivision 5-a to read as follows:
  5-A.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  FIVE  OF THIS
SECTION, A MEMBER, WHO IS  INELIGIBLE  TO  RECEIVE  THE  CREDIT  ALLOWED
PURSUANT TO THIS SECTION SOLELY BECAUSE SUCH MEMBER RETIRED ON OR BEFORE
MAY THIRTY-FIRST, TWO THOUSAND SIXTEEN, SHALL BE ELIGIBLE TO RECEIVE THE
CREDIT ALLOWED PURSUANT TO THIS SECTION IF SUCH MEMBER MAKES APPLICATION
FOR SUCH CREDIT ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY.
THE  SERVICE  CREDIT  AVAILABLE PURSUANT TO THIS SUBDIVISION SHALL, WHEN
CALCULATED, APPLY ONLY TO BENEFITS RECEIVED BY THE MEMBER AFTER THE DATE
SUCH MEMBER MAKES APPLICATION FOR SUCH CREDIT AND NO RETROACTIVE BENEFIT
PAYMENTS SHALL BE MADE TO SUCH APPLICANT PURSUANT TO  THIS  SUBDIVISION.
TO  OBTAIN  CREDIT PURSUANT TO THIS SUBDIVISION, A MEMBER SHALL PAY SUCH
RETIREMENT SYSTEM, FOR DEPOSIT IN THE FUND USED TO  ACCUMULATE  EMPLOYER
CONTRIBUTIONS,  A  SUM  EQUAL  TO  THE PRODUCT OF THE NUMBER OF YEARS OF
MILITARY SERVICE BEING  CLAIMED  AND  THREE  PERCENT  OF  SUCH  MEMBER'S
COMPENSATION EARNED DURING THE LAST TWELVE CONSECUTIVE MONTHS OF CREDIT-
ED SERVICE PRECEDING THE DATE THAT THE MEMBER RETIRED.
  § 2. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  This bill would allow members who retired on or before May 31, 2016 to
apply  to  receive  military  service  credit  pursuant  to §1000 of the
Retirement and Social Security Law.  Application  must  be  made  on  or
before  December  31,  2020. If approved, the retirement benefit will be
recalculated as of the date of application and no  retroactive  benefits

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

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