S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6022
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 29, 2021
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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
   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.
              

                                                            LBD05266-02-1

 S. 6022                             2
 
 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
 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

 S. 6022                             3
 
   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
 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

 S. 6022                             4
 
 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, 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:

 S. 6022                             5
 
   (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
 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-

 S. 6022                             6
 
 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 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

 S. 6022                             7
 
   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-
 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

 S. 6022                             8
 
 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 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. -- Pursuant to Legislative Law, Section 50:
   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 in 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
 military service). Tier 1-5 members would be required to make a  payment
 of  three  percent  of  their most recent compensation per year of addi-
 tional service credit granted by this 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 this bill is enacted during the 2021 legislative  session,  insofar
 as this proposal affects the New York State and Local Employees' Retire-
 ment System (ERS), it is estimated that the past service cost will aver-
 age  approximately  15% (12% for Tier 6) of an affected members' compen-
 sation 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

 S. 6022                             9
 
 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.
   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:
   Membership data as of March 31, 2020 was used in measuring the  impact
 of the proposed change, the same data used in the April 1, 2020 actuari-
 al  valuation.  Distributions  and  other statistics can be found in the
 2020 Report of the Actuary and the 2020 Comprehensive  Annual  Financial
 Report.
   The  actuarial  assumptions and methods used are described in the 2020
 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, 2020
 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  21,  2021,  and intended for use only
 during the  2021  Legislative  Session,  is  Fiscal  Note  No.  2021-39,
 prepared  by  the  Actuary  for  the New York State and Local Retirement
 System.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6022--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 29, 2021
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
   -- reported favorably from said committee and committed to the Commit-
   tee  on  Finance  --  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.
                                                            LBD05266-06-1

              

 S. 6022--A                          2
 
   § 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
 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

 S. 6022--A                          3
 
 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
 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

 S. 6022--A                          4
 
 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, 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  was a resident of the state at the time of entry
 into service and at the time of being  discharged  therefrom  (I)  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.

 S. 6022--A                          5
 
   § 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
 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

 S. 6022--A                          6

 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 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

 S. 6022--A                          7
 
 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
 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

 S. 6022--A                          8
 
 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
 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. Notwithstanding any other provision of law to the contrary, none
 of the provisions of this act shall be subject  to  section  25  of  the
 retirement and social security law.
   § 11. 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.--Pursuant to Legislative Law, Section 50:
   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 in 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
 military service). Tier 1-5 members would be required to make a  payment
 of  three  percent  of  their most recent compensation per year of addi-
 tional service credit granted by this 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.

 S. 6022--A                          9
 
   If this bill is enacted during the 2021 legislative  session,  insofar
 as this proposal affects the New York State and Local Employees' Retire-
 ment System (ERS), it is estimated that the past service cost will aver-
 age  approximately  15% (12% for Tier 6) of an affected members' compen-
 sation 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.
   Costs  arising in ERS would be shared by the State of New York and the
 participating employers in the ERS
   Costs arising in PFRS would be shared by the State of New York and the
 participating employers in the PFRS.
   Summary of relevant resources:
   Membership data as of March 31, 2020 was used in measuring the  impact
 of the proposed change, the same data used in the April 1, 2020 actuari-
 al  valuation.  Distributions  and  other statistics can be found in the
 2020 Report of the Actuary and the 2020 Comprehensive  Annual  Financial
 Report.
   The  actuarial  assumptions and methods used are described in the 2020
 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, 2020
 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  May 18, 2021, and intended for use only during
 the 2021 Legislative Session, is Fiscal Note No. 2021-148,  prepared  by
 the Actuary for the New York State and Local Retirement System.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   As  it  applies  to members of the New York State Teachers' Retirement
 System,   section   9   of   this   bill   (legislative   bill    drafts
 05266-03-1/05266-04-1)  would amend subdivision 1 of Section 1000 of the
 Retirement and Social Security Law to allow a member who has a  qualify-
 ing condition as defined in Section 350 of the Executive Law (post-trau-
 matic  stress  disorder  or traumatic brain injury) or a member who is a
 discharged LGBT veteran as defined in Section 350 of the  Executive  Law
 to  purchase  up to three years of military service credit provided such
 member did not receive a dishonorable discharge and was  not  discharged
 for  bad  conduct. To obtain such credit, a member must make payments as
 required by Section 1000 of the Retirement and Social Security Law. Tier
 1, 2, 3, 4 and 5 members are required to pay  three  percent  of  salary
 earned  during the twelve months of credited service immediately preced-
 ing the year in which a claim is made for each year of military service.
 Tier 6 members are required to pay six percent of salary  earned  during
 the  twelve months of credited service immediately preceding the year in
 which a claim is made for each year of military service.

 S. 6022--A                         10
 
   It is not possible to determine the number  of  eligible  current  and
 future  members,  or the number of years of military service credit each
 such member may purchase under this bill. Therefore, it is not  possible
 to  estimate  the  annual increase in the employers' cost for this bill.
 Whatever  increase  in  liability that arises for service credited under
 this bill above that paid by the member would be included  in  the  cost
 that  would  be  shared  by  employers through the employer contribution
 rate.
   It is estimated that the cost, expressed as a percentage of a member's
 salary for each year of service credit a  member  purchases  under  this
 bill is as follows:
 
 Cost  per  year  of  Service  Purchased (as a percentage of the member's
 salary)
 Tier(s)                                      1-4       5         6
 Cost                                         11.4%     10.6%     9.0%
 Member Contribution offset                   3.0%      3.0%      6.0%
 Net cost to participating employers          8.4%      7.6%      3.0%
 
   Member data is from  the  System's  most  recent  actuarial  valuation
 files,  consisting  of  data provided by the employers to the Retirement
 System.  Data distributions and statistics can be found in the  System's
 Annual  Report.  System assets are as reported in the System's financial
 statements, and can also be found in the System's Annual Report. Actuar-
 ial assumptions and methods are provided in the System's Actuarial Valu-
 ation Report.
   The source of this estimate is Fiscal Note 2021-56 dated May 26,  2021
 prepared  by  the  Actuary  of  the  New York State Teachers' Retirement
 System and is intended for use only during the 2021 Legislative Session.
 I, Richard A. Young, am the Actuary for the  New  York  State  Teachers'
 Retirement  System.  I  am a member of the American Academy of Actuaries
 and I meet the Qualification Standards of the American Academy of  Actu-
 aries to render the actuarial opinion contained herein.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   SUMMARY  OF  BILL: This proposed legislation, as it relates to members
 of the New York City  Retirement  Systems  and  Pension  Funds  (NYCRS),
 amends  Retirement and Social Security Law (RSSL) Section 1000 to permit
 the purchase of qualifying, other than  honorably  discharged,  military
 service for NYCRS service credit.
   Effective Date: One year after enactment.
   BACKGROUND:  Members of NYCRS who were other than honorably discharged
 from military service due to (1)  post-traumatic  stress  disorder;  (2)
 traumatic brain injury; (3) an experience of military sexual trauma; (4)
 sexual  orientation,  gender  identity,  or  gender  expression;  or (5)
 conduct or acts relating to  sexual  orientation,  gender  identity,  or
 gender  expression  that  was  prohibited by the military at the time of
 discharge, are generally ineligible to purchase  such  military  service
 for purposes of NYCRS benefits.
   IMPACT  ON BENEFITS: Under the proposed legislation, if enacted, mili-
 tary service with qualifying discharges described  above,  would  become
 eligible  for  purchase pursuant to RSSL Section 1000. RSSL Section 1000
 allows for up to three years of military  service  to  be  purchased  as
 NYCRS service credit.
   Prior military service with discharges due to bad conduct or dishonor-
 able discharge would remain ineligible to purchase for purposes of NYCRS
 benefits.

 S. 6022--A                         11
 
   IMPACT  ON  PAYABILITY:  In  addition to the impact on benefits above,
 once purchased, eligible military service would  count  towards  meeting
 the minimum eligibility requirements for NYCRS pension benefits.
   ADDITIONAL  MEMBER  CONTRIBUTIONS: Eligible NYCRS members are required
 to make contributions, equal to 3% of  compensation  earned  during  the
 year  of credited service immediately preceding the date of application,
 for all military service being purchased.
   FINANCIAL IMPACT - OVERVIEW: There is no data  available  to  estimate
 the  number of members who were previously ineligible to purchase quali-
 fying military service and potentially benefit from this proposed legis-
 lation.  Therefore, the estimated financial impact has  been  calculated
 on  a  per  event  basis  equal  to the increase in the Present Value of
 Future Benefits (PVFB) for an average NYCRS  member  who  has  purchased
 military  service  under  Chapter 41 of the Laws of 2016. In determining
 the increase in the PVFB, it  has  been  assumed  that  2.4  years  were
 purchased.
   FINANCIAL  IMPACT  -  PRESENT VALUES: Based on the census data and the
 actuarial assumptions and methods described  herein,  the  enactment  of
 this  proposed  legislation  would  increase  the  PVFB by approximately
 $49,300, on average, for each military buyback of 2.4  years  purchased.
 The  average  cost  to  the  member  for  each buyback was approximately
 $8,300. This results in a net increase in the Present  Value  of  future
 employer  contributions  of  approximately  $41,000  for  each  military
 buyback of 2.4 years purchased.
   With respect to an individual member,  the  additional  cost  of  this
 proposed legislation could vary greatly depending on the member's length
 of service, age, and salary history.
   FINANCIAL  IMPACT  -  ANNUAL EMPLOYER CONTRIBUTIONS: Enactment of this
 proposed legislation would increase employer contributions,  where  such
 amount  would  depend on the number of members affected as well as other
 member characteristics as described above.
   As there is no data currently available  to  estimate  the  number  of
 members  who  might become eligible and purchase military service due to
 the proposed legislation, the financial impact would  be  recognized  at
 the  time  of the event. Consequently, changes in employer contributions
 have been estimated assuming that the  increase  in  the  PVFB  will  be
 financed  over  a time period used under the current amortization period
 for actuarial losses under the Entry Age Normal cost method. Using  this
 approach,  the  additional PVFB would be amortized over a closed 15-year
 period (14 payments under the One-Year  Lag  Methodology  (OYLM))  using
 level dollar payments.
   Based  on  the  Actuary's  actuarial assumptions and methods in effect
 described herein, the enactment of this proposed  legislation  is  esti-
 mated  to increase annual employer contributions by approximately $4,900
 for each military buyback of 2.4 years purchased. With  respect  to  the
 timing,  increases  in  employer  contributions  would  depend upon when
 members elect to purchase the  service.  Generally,  increased  employer
 contributions will first occur the second fiscal year following process-
 ing and payment of the buyback application.
   The  proposed  legislation, pursuant to section 10 of the bill, is not
 subject to RSSL section 25. Therefore, costs associated with the  enact-
 ment  of  this bill would not be subject to State reimbursement notwith-
 standing the increased cost of prior service associated with the bill.
   CENSUS DATA: The estimates presented herein are based  on  the  census
 data  of members who have purchased military service under Chapter 41 of
 the Laws of 2016 as of June 30, 2020.

 S. 6022--A                         12
 
   As of June 30, 2020, there were 3,202 NYCRS members who have purchased
 prior military service under Chapter 41. Those members  had  an  average
 age  of  approximately 48.6 years, average service of approximately 16.9
 years before buyback, and an average salary of  approximately  $107,700.
 The  average  amount  of  service credit purchased was approximately 2.4
 years.
   ACTUARIAL ASSUMPTIONS AND METHODS: The changes in the Present Value of
 future  employer  contributions  and   annual   employer   contributions
 presented herein have been calculated based on the actuarial assumptions
 and  methods  in effect for the June 30, 2019 (Lag) actuarial valuations
 used to determine the Preliminary Fiscal  Year  2021  employer  contrib-
 utions of each respective NYCRS.
   The  Actuary  is proposing a set of changes for use beginning with the
 June 30, 2019 (Lag) actuarial valuations of each NYCRS to determine  the
 respective  Final Fiscal Year 2021 Employer Contributions (2021 A&M). If
 the 2021 A&M is enacted, it is estimated that it would produce PVFB  and
 annual employer contribution results that are within 1% from the results
 shown above.
   RISK  AND  UNCERTAINTY: The costs presented in this Fiscal Note depend
 highly on the realization of the actuarial assumptions used, as well  as
 certain  demographic  characteristics of each respective NYCRS and other
 exogenous factors such as investment, contribution, and other risks.  If
 actual  experience deviates from actuarial assumptions, the actual costs
 could differ from those presented herein. Costs are  also  dependent  on
 the  actuarial  methods  used, and therefore different actuarial methods
 could produce different results. Quantifying these risks is  beyond  the
 scope of this Fiscal Note.
   Not measured in this Fiscal Note are the following:
     *  The  initial,  additional administrative costs of NYCRS and other
     New York City agencies to implement the proposed legislation.
     * The impact of this proposed legislation  on  Other  Postemployment
     Benefit (OPEB) costs.
   STATEMENT  OF ACTUARIAL OPINION: I, Sherry S. Chan, am the Chief Actu-
 ary for, and independent of, the New York City  Retirement  Systems  and
 Pension  Funds.  I  am a Fellow of the Society of Actuaries, an Enrolled
 Actuary under the Employee Retirement Income and Security Act of 1974, a
 Member of the American Academy of Actuaries, and a Fellow of the Confer-
 ence of Consulting Actuaries. I meet the Qualification Standards of  the
 American  Academy of Actuaries to render the actuarial opinion contained
 herein. To the best of my knowledge, the results contained  herein  have
 been prepared in accordance with generally accepted actuarial principles
 and  procedures  and  with the Actuarial Standards of Practice issued by
 the Actuarial Standards Board.
   FISCAL NOTE IDENTIFICATION: This Fiscal Note  2021-43  dated  June  8,
 2021  was prepared by the Chief Actuary for the New York City Retirement
 Systems and Pension Funds. This estimate is intended for use only during
 the 2021 Legislative Session.