Assembly Bill A5278B

2021-2022 Legislative Session

Relates to discharged LGBT veterans

download bill text pdf

Sponsored By

Archive: Last Bill Status - Delivered to Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2021-A5278 - Details

See Senate Version of this Bill:
S6022
Law Section:
Retirement and Social Security Law
Laws Affected:
Amd §§2, 80-a, 89-a, 302 & 1000, R & SS L
Versions Introduced in 2019-2020 Legislative Session:
A9640, S8280

2021-A5278 - 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.

2021-A5278 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5278
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2021
                                ___________
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2021-A5278A - Details

See Senate Version of this Bill:
S6022
Law Section:
Retirement and Social Security Law
Laws Affected:
Amd §§2, 80-a, 89-a, 302 & 1000, R & SS L
Versions Introduced in 2019-2020 Legislative Session:
A9640, S8280

2021-A5278A - 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.

2021-A5278A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5278--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2021
                                ___________
 
 Introduced by M. of A. BARRETT, BURDICK -- read once and referred to the
   Committee  on  Governmental  Employees  --  committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2021-A5278B (ACTIVE) - Details

See Senate Version of this Bill:
S6022
Law Section:
Retirement and Social Security Law
Laws Affected:
Amd §§2, 80-a, 89-a, 302 & 1000, R & SS L
Versions Introduced in 2019-2020 Legislative Session:
A9640, S8280

2021-A5278B (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.

2021-A5278B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5278--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2021
                                ___________
 
 Introduced  by  M.  of  A.  BARRETT,  BURDICK,  SOLAGES -- read once and
   referred to the  Committee  on  Governmental  Employees  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  recommitted  to the Committee on Governmental
   Employees in accordance with Assembly Rule  3,  sec.  2  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05266-07-2
              

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