Bill Text: NY A06832 | 2011-2012 | General Assembly | Introduced
Bill Title: Extends certain benefits to members and retirees of public retirement systems of New York state to those who rendered military service during periods of conflict in Lebanon, Grenada, Panama and the Persian Gulf but who were not assigned to the theatres of operations, provided that such service credit shall not exceed three years.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2011-04-20 - enacting clause stricken [A06832 Detail]
Download: New_York-2011-A06832-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6832
2011-2012 Regular Sessions
I N A S S E M B L Y
April 5, 2011
___________
Introduced by M. of A. TOWNS, COLTON -- read once and referred to the
Committee on Governmental Employees
AN ACT to amend the retirement and social security law, in relation to
extending certain benefits to members who rendered service during
periods of conflict
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 2 of section 1000 of the retirement and social
2 security law, as added by chapter 548 of the laws of 2000, is amended to
3 read as follows:
4 2. A member, upon application to such retirement system, may obtain a
5 total not to exceed three years of service credit for up to three years
6 of military duty, as defined in section two hundred forty-three of the
7 military law, if honorably discharged therefrom, if all or part of such
8 services was rendered [in] DURING the military [conflicts] CONFLICT
9 PERIODS referenced below, as follows:
10 (a) THE PERIOD OF hostilities participated in by the military forces
11 of the United States in Lebanon, from the first day of June, nineteen
12 hundred eighty-three to the first day of December, nineteen hundred
13 eighty-seven[, as established by receipt of the armed forces expedition-
14 ary medal, the navy expeditionary medal, or the marine corps expedition-
15 ary medal];
16 (b) THE PERIOD OF hostilities participated in by the military forces
17 of the United States in Grenada, from the twenty-third day of October,
18 nineteen hundred eighty-three to the twenty-first day of November, nine-
19 teen hundred eighty-three[, as established by receipt of the armed forc-
20 es expeditionary medal, the navy expeditionary medal, or the marine
21 corps expeditionary medal];
22 (c) THE PERIOD OF hostilities participated in by the military forces
23 of the United States in Panama, from the twentieth day of December,
24 nineteen hundred eighty-nine to the thirty-first day of January, nine-
25 teen hundred ninety[, as established by receipt of the armed forces
26 expeditionary medal, the navy expeditionary medal, or the marine corps
27 expeditionary medal]; or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09615-02-1
A. 6832 2
1 (d) THE PERIOD OF hostilities participated in by the military forces
2 of the United States, IN IRAQ, KUWAIT, SAUDI ARABIA, BAHRAIN, QATAR, THE
3 UNITED ARAB EMIRATES, OMAN, THE GULF OF ADEN, THE GULF OF OMAN, THE
4 PERSIAN GULF, OR THE RED SEA, AND THE AIRSPACE ABOVE THESE LOCATIONS,
5 from the second day of August, nineteen hundred ninety, to the end of
6 such hostilities [in case of a veteran who served in the theater of
7 operations including Iraq, Kuwait, Saudi Arabia, Bahrain, Qatar, the
8 United Arab Emirates, Oman, the Gulf of Aden, the Gulf of Oman, the
9 Persian Gulf, the Red Sea, and the airspace above these locations].
10 S 2. This act shall take effect immediately and shall be deemed to
11 have been in full force and effect on and after December 21, 1998.
FISCAL NOTE.-- Pursuant to Legislative Law, Section 50:
This bill would extend the benefits of Chapter 548, Laws of 2000 to
members and retirees of public retirement systems in New York State who
rendered military service during the periods of conflict in Lebanon,
Grenada, Panama and the Persian Gulf, but who were not assigned to the
theatres of operations. However, the total service credit granted for
any military service shall not exceed three (3) years. Members must have
at least five years of credited service (not including military
service). Retirees must have retired on or after December 21, 1998. The
recalculated annual allowance will be retroactive to the date of retire-
ment. Members and retirees would be required to make a payment of three
percent of their most recent compensation per year of additional service
credit granted by this bill.
If this bill is enacted, insofar as this proposal affects the New York
State and Local Employees' Retirement System (ERS), it is estimated that
the past service cost will average approximately 12% of an affected
member's compensation for each year of additional service credit that is
purchased. For members who retired on or after December 21, 1998 there
would be additional costs for payments which will be paid retroactive to
their date of retirement.
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 17% of an affected member's compensation
for each year of additional service that is purchased. For members who
retired on or after December 21, 1998 there would be additional costs
for payments which will be paid retroactive to their date of retirement.
If 2,500 members and post 12/21/1998 retirees have such military
service and will benefit by purchasing the service credit, there will be
an estimated first year cost of approximately $2.3 million to the State
of New York, $2.9 million to participating employers in the New York
State and Local Employees' Retirement System and $620,000 to the partic-
ipating employers in the New York State and Local Police and Fire
Retirement System. Fewer members/retirees will have proportionately
lesser costs.
In addition to the above costs, there would be additional costs for
future members of the Retirement System's who have such military
service.
This estimate, dated March 25, 2011 and intended for use only during
the 2011 Legislative Session, is Fiscal Note No. 2011-135, prepared by
the Actuary for the New York State and Local Employees' Retirement
System and the New York State and Local Police and Fire Retirement
System.
