Senate Bill S5398A

2025-2026 Legislative Session

Relates to New York state active duty

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

  • 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

2025-S5398 - Details

See Assembly Version of this Bill:
A4057
Current Committee:
Senate Veterans, Homeland Security And Military Affairs
Law Section:
Retirement and Social Security Law
Laws Affected:
Amd §1000, R & SS L
Versions Introduced in 2023-2024 Legislative Session:
S8985, A10418

2025-S5398 - Summary

Relates to New York state active duty performed under the authority of the governor of New York state.

2025-S5398 - Sponsor Memo

2025-S5398 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5398
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2025
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
   and when printed to be committed to the Committee on  Veterans,  Home-
   land Security and Military Affairs
 
 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 NEW YORK STATE ACTIVE DUTY  SERVICE  PERFORMED  UNDER
 THE AUTHORITY OF THE GOVERNOR OF NEW YORK STATE.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00849-01-5

2025-S5398A (ACTIVE) - Details

See Assembly Version of this Bill:
A4057
Current Committee:
Senate Veterans, Homeland Security And Military Affairs
Law Section:
Retirement and Social Security Law
Laws Affected:
Amd §1000, R & SS L
Versions Introduced in 2023-2024 Legislative Session:
S8985, A10418

2025-S5398A (ACTIVE) - Summary

Relates to New York state active duty performed under the authority of the governor of New York state.

2025-S5398A (ACTIVE) - Sponsor Memo

2025-S5398A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5398--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2025
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
   and when printed to be committed to the Committee on  Veterans,  Home-
   land  Security  and  Military  Affairs  --  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
   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.
                                                            LBD00849-03-5

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