S T A T E O F N E W Y O R K
________________________________________________________________________
4057
2025-2026 Regular Sessions
I N A S S E M B L Y
January 31, 2025
___________
Introduced by M. of A. BERGER -- read once and referred to the Committee
on Governmental Employees
AN ACT to amend the retirement and social security law, in relation to
military service credit
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 1000 of the retirement and social
security law, as amended by chapter 585 of the laws of 2022, 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] ONE OF THE VETERANS' SERVICES 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] ONE OF THE VETERANS' SERVICES
law, and has received a discharge other than bad conduct or dishonorable
from such service. FOR PURPOSES OF THIS SUBDIVISION, MILITARY DUTY
SHALL ALSO INCLUDE ACTIVE DUTY IN THE MILITARY SERVICE OF THE STATE
PURSUANT TO AN ORDER OF THE GOVERNOR ISSUED PURSUANT TO SECTION SIX OR
SEVEN OF THE MILITARY LAW, AND STATE ACTIVE DUTY BY MEMBERS OF THE
NATIONAL GUARD WHO ARE ACTIVATED PURSUANT TO A CALL OF THE GOVERNOR OF
THIS STATE AS PROVIDED FOR BY LAW.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00849-02-5
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