Bill Text: NY S04923 | 2013-2014 | General Assembly | Amended


Bill Title: Amends the dates of certain armed conflicts to reflect the dates for such conflicts established by the federal government and provides that future dates of armed conflicts shall be consistent with the federal dates thereof.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-06-20 - COMMITTED TO RULES [S04923 Detail]

Download: New_York-2013-S04923-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4923--C
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      May 1, 2013
                                      ___________
       Introduced  by  Sen.  LIBOUS -- read twice and ordered printed, and when
         printed to be committed to the Committee on Veterans, Homeland Securi-
         ty and Military Affairs -- committee discharged, bill amended, ordered
         reprinted as amended and recommitted to said  committee  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to  said  committee -- recommitted to the Committee on Veterans, Home-
         land Security and Military Affairs in accordance with Senate  Rule  6,
         sec.  8  --  committee  discharged, bill amended, ordered reprinted as
         amended and recommitted to said committee
       AN ACT to amend the education law, the retirement  and  social  security
         law,  the  civil  service  law, the social services law and the public
         officers law, in relation to the dates of certain periods of  war  and
         hostilities
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 1 of section  668  of  the  education  law,  as
    2  amended  by  chapter  580 of the laws of 1992, paragraphs (a) and (d) as
    3  amended by chapter 261 of the laws of 1995, paragraph (b) as amended  by
    4  chapter  616  of  the  laws  of 1995, paragraphs (f) and (g) as added by
    5  chapter 435 of the laws of 2006, is amended to read as follows:
    6    1.  Period of military service. For a  student  to  be  eligible,  the
    7  parent,  or  step-parent where the student is the dependent of the step-
    8  parent, (i) must have been a recipient of the armed forces expeditionary
    9  medal, the navy expeditionary medal or the  marine  corps  expeditionary
   10  medal  for  participation  in  operations  in  Lebanon from [June first]
   11  AUGUST  TWENTY-FIRST,  nineteen  hundred  [eighty-three]  EIGHTY-TWO  to
   12  December  first,  nineteen hundred eighty-seven, in Grenada from October
   13  twenty-third, nineteen hundred eighty-three  to  November  twenty-first,
   14  nineteen  hundred  eighty-three,  or  in Panama from December twentieth,
   15  nineteen hundred eighty-nine to January thirty-first,  nineteen  hundred
   16  ninety,  or (ii) must have served on regular active duty (other than for
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08442-07-4
       S. 4923--C                          2
    1  training) in the armed forces of the United States during part of one of
    2  the following periods:
    3    (a)  April sixth, nineteen hundred seventeen to November eleven, nine-
    4  teen hundred eighteen.
    5    (b) December seven, nineteen hundred forty-one to December thirty-one,
    6  nineteen hundred forty-six, or have been employed by  the  War  Shipping
    7  Administration  or Office of Defense Transportation or their agents as a
    8  merchant seaman documented by the United States Coast Guard  or  Depart-
    9  ment  of  Commerce,  or as a civil servant employed by the United States
   10  Army Transport Service (later redesignated as  the  United  States  Army
   11  Transportation  Corps,  Water  Division)  or  the  Naval  Transportation
   12  Service; and who served satisfactorily as a crew member during the peri-
   13  od of armed conflict, December seventh, nineteen hundred  forty-one,  to
   14  August  fifteenth,  nineteen hundred forty-five, aboard merchant vessels
   15  in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
   16  terms are defined under federal law (46 USCA 10301 & 10501) and  further
   17  to  include "near foreign" voyages between the United States and Canada,
   18  Mexico, or the West Indies via ocean routes, or public vessels in ocean-
   19  going service or foreign waters and who has received  a  Certificate  of
   20  Release or Discharge from Active Duty and a discharge certificate, or an
   21  Honorable Service Certificate/Report of Casualty, from the Department of
   22  Defense or have served as a United States civilian employed by the Amer-
   23  ican  Field  Service  and served overseas under United States Armies and
   24  United States Army Groups in world war II during  the  period  of  armed
   25  conflict,  December  seventh,  nineteen  hundred  forty-one  through May
   26  eighth, nineteen hundred forty-five, and who was discharged or  released
   27  therefrom  under honorable conditions, or have served as a United States
   28  civilian Flight Crew and Aviation Ground Support Employee of Pan  Ameri-
   29  can  World  Airways  or  one  of  its subsidiaries or its affiliates and
   30  served overseas as a result of Pan American's contract with  Air  Trans-
   31  port  Command  or Naval Air Transport Service during the period of armed
   32  conflict, December fourteenth, nineteen hundred forty-one through August
   33  fourteenth, nineteen hundred  forty-five,  and  who  was  discharged  or
   34  released therefrom under honorable conditions.
   35    (c)  June  twenty-seven, nineteen hundred fifty to January thirty-one,
   36  nineteen hundred fifty-five.
   37    (d) [December twenty-second] FEBRUARY TWENTY-EIGHTH, nineteen  hundred
   38  sixty-one to May seventh, nineteen hundred seventy-five.
   39    (e) August [two] SECOND, nineteen hundred ninety to the end of hostil-
   40  ities in the Persian Gulf conflict.
   41    (f)  From  September eighteenth, two thousand one until the end of the
   42  United States military efforts in Afghanistan.
   43    (g) From October sixteenth, two thousand two  until  the  end  of  the
   44  United States military efforts in Iraq.
   45    (H)  ANY  OTHER  PERIOD  OF  WAR  OR HOSTILITIES IN SUCH LOCATIONS AND
   46  DURING SUCH PERIODS OF TIME AS SHALL BE DETERMINED FROM TIME TO TIME  BY
   47  THE FEDERAL DEPARTMENT OF DEFENSE OR THE UNITED STATES CONGRESS.
   48    S  2. Subdivision 1 of section 668-c of the education law, as added by
   49  chapter 474 of the laws of 2000, is amended to read as follows:
   50    1. Eligible students. Awards shall be made to Vietnam veterans'  resi-
   51  dent  children born with Spina Bifida enrolled in approved undergraduate
   52  or graduate programs at degree granting institutions. For the purpose of
   53  this section, "Vietnam veteran" shall mean a person who served in  Indo-
   54  china  at any time from the [twenty-second] TWENTY-EIGHTH day of [Decem-
   55  ber] FEBRUARY, nineteen hundred sixty-one, to and including the  seventh
   56  day  of  May, nineteen hundred seventy-five and was honorably discharged
       S. 4923--C                          3
    1  from the armed forces of the United States;  "born  with  Spina  Bifida"
    2  shall  mean a diagnosis at birth of such disease inclusive of all forms,
    3  manifestations, complications and associated medical conditions thereof,
    4  but  shall  not include Spina Bifida Occulta. Such diagnosis shall be in
    5  accordance with the provisions of the federal Spina Bifida  program  and
    6  shall  be  documented  by  the United States Administration of Veterans'
    7  Affairs.
    8    S 3. Paragraphs (a), (c) and (d) of subdivision 2 of section  1000  of
    9  the  retirement  and social security law, as added by chapter 548 of the
   10  laws of 2000, are amended and a new paragraph (e) is added  to  read  as
   11  follows:
   12    (a)  hostilities  participated in by the military forces of the United
   13  States in Lebanon, from the [first] TWENTY-FIRST day of  [June]  AUGUST,
   14  nineteen hundred [eighty-three] EIGHTY-TWO to the first day of December,
   15  nineteen  hundred  eighty-seven,  as established by receipt of the armed
   16  forces expeditionary medal, the navy expeditionary medal, or the  marine
   17  corps expeditionary medal;
   18    (c)  hostilities  participated in by the military forces of the United
   19  States in Panama, from the twentieth day of December,  nineteen  hundred
   20  eighty-nine to the thirty-first day of January, nineteen hundred ninety,
   21  as  established  by receipt of the armed forces expeditionary medal, the
   22  navy expeditionary medal, or the marine corps expeditionary medal; [or]
   23    (d) hostilities participated in by the military forces of  the  United
   24  States,  from  the second day of August, nineteen hundred ninety, to the
   25  end of such hostilities in case of a veteran who served in  the  theater
   26  of  operations including Iraq, Kuwait, Saudi Arabia, Bahrain, Qatar, the
   27  United Arab Emirates, Oman, the Gulf of Aden,  the  Gulf  of  Oman,  the
   28  Persian Gulf, the Red Sea, and the airspace above these locations[.]; OR
   29    (E)  ANY  OTHER  HOSTILITIES  OR  PERIOD OF WAR PARTICIPATED IN BY THE
   30  MILITARY FORCES OF THE UNITED STATES IN SUCH LOCATIONS AND  DURING  SUCH
   31  PERIODS  OF TIME AS SHALL BE DETERMINED FROM TIME TO TIME BY THE FEDERAL
   32  DEPARTMENT OF DEFENSE OR THE UNITED STATES CONGRESS.
   33    S 4. Subparagraph 5 of paragraph (c) of subdivision 1 of section 85 of
   34  the civil service law, as added by chapter 467 of the laws of  1991,  is
   35  amended and a new subparagraph 9 is added to read as follows:
   36    (5)  Hostilities  participated in by the military forces of the United
   37  States in Lebanon, from the [first] TWENTY-FIRST day of  [June]  AUGUST,
   38  nineteen hundred [eighty-three] EIGHTY-TWO to the first day of December,
   39  nineteen  hundred  eighty-seven,  as established by receipt of the armed
   40  forces expeditionary medal, the navy expeditionary medal, or the  marine
   41  corps expeditionary medal.
   42    (9)  ANY  OTHER  HOSTILITIES  OR  PERIOD OF WAR PARTICIPATED IN BY THE
   43  MILITARY FORCES OF THE UNITED STATES IN SUCH LOCATIONS AND  DURING  SUCH
   44  PERIODS  OF TIME AS SHALL BE DETERMINED FROM TIME TO TIME BY THE FEDERAL
   45  DEPARTMENT OF DEFENSE OR THE UNITED STATES CONGRESS.
   46    S 5. Subdivision 1 of section 168  of  the  social  services  law,  as
   47  amended  by  chapter  467  of  the  laws  of 1991, is amended to read as
   48  follows:
   49    1. Veteran means a person, male or female, who has served in the armed
   50  forces of the United States in time of war, or who was  a  recipient  of
   51  the armed forces expeditionary medal, navy expeditionary medal or marine
   52  corps  expeditionary  medal  for  participation in operations in Lebanon
   53  from [June first, nineteen hundred  eighty-three]  AUGUST  TWENTY-FIRST,
   54  NINETEEN  HUNDRED EIGHTY-TWO to December first, nineteen hundred eighty-
   55  seven, in Grenada from October twenty-third,  nineteen  hundred  eighty-
   56  three  to  November  twenty-first,  nineteen hundred eighty-three, or in
       S. 4923--C                          4
    1  Panama from December twentieth, nineteen hundred eighty-nine to  January
    2  thirty-first,  nineteen  hundred  ninety,  and  who  has  been honorably
    3  discharged or released under honorable circumstances from  such  service
    4  or furloughed to the reserve.
    5    S  6.    Subdivision  2  of  section 168 of the social services law is
    6  amended by adding a new paragraph 9 to read as follows:
    7    (9) ANY OTHER PERIOD OF WAR  OR  HOSTILITIES  IN  SUCH  LOCATIONS  AND
    8  DURING  SUCH PERIODS OF TIME AS SHALL BE DETERMINED FROM TIME TO TIME BY
    9  THE FEDERAL DEPARTMENT OF DEFENSE OR THE UNITED STATES CONGRESS.
   10    S 7. Section 63 of the public officers law, as amended by chapter  179
   11  of the laws of 2006, is amended to read as follows:
   12    S 63. Leave of absence for veterans on Memorial day and Veterans' day.
   13  It shall be the duty of the head of every public department and of every
   14  court  of  the  state of New York, of every superintendent or foreman on
   15  the public works of said state, of the county officers  of  the  several
   16  counties  of  said  state,  of the town officers of the various towns in
   17  this state, of the fire district officers of the various fire  districts
   18  in this state, and of the head of every department, bureau and office in
   19  the government of the various cities and villages in this state, and the
   20  officers  of  any  public benefit corporation or any public authority of
   21  this state, or of any public benefit corporation or public authority  of
   22  any  county  or subdivision of this state, to give leave of absence with
   23  pay for twenty-four hours on the day prescribed by law as a public holi-
   24  day for the observance of Memorial day and on the eleventh day of Novem-
   25  ber, known as Veterans' day, to every  person  in  the  service  of  the
   26  state, the county, the town, the fire district, the city or village, the
   27  public  benefit  corporation  or  public authority of this state, or any
   28  public benefit corporation or public authority of any county or subdivi-
   29  sion of this state, as the case may be, (i) who served on active duty in
   30  the armed forces of the United States during world war I  or  world  war
   31  II,  or who was employed by the War Shipping Administration or Office of
   32  Defense Transportation or their agents as a merchant  seaman  documented
   33  by  the  United  States  Coast  Guard or Department of Commerce, or as a
   34  civil servant employed by  the  United  States  Army  Transport  Service
   35  (later  redesignated  as  the  United  States Army Transportation Corps,
   36  Water Division) or the Naval  Transportation  Service;  and  who  served
   37  satisfactorily  as  a  crew  member during the period of armed conflict,
   38  December seventh, nineteen hundred forty-one, to August fifteenth, nine-
   39  teen hundred forty-five, aboard merchant vessels  in  oceangoing,  i.e.,
   40  foreign,  intercoastal,  or  coastwise service as such terms are defined
   41  under federal law (46 USCA 10301 & 10501) and further to  include  "near
   42  foreign"  voyages  between  the United States and Canada, Mexico, or the
   43  West Indies via ocean routes, or public vessels in oceangoing service or
   44  foreign waters  and  who  has  received  a  Certificate  of  Release  or
   45  Discharge  from Active Duty and a discharge certificate, or an Honorable
   46  Service Certificate/Report of Casualty, from the Department of  Defense,
   47  or who served as a United States civilian employed by the American Field
   48  Service and served overseas under United States Armies and United States
   49  Army  Groups in world war II during the period of armed conflict, Decem-
   50  ber seventh, nineteen hundred forty-one  through  May  eighth,  nineteen
   51  hundred  forty-five,  and who was discharged or released therefrom under
   52  honorable conditions, or who served as a United States  civilian  Flight
   53  Crew  and Aviation Ground Support Employee of Pan American World Airways
   54  or one of its subsidiaries or its affiliates and served  overseas  as  a
   55  result  of  Pan  American's contract with Air Transport Command or Naval
   56  Air Transport Service during the  period  of  armed  conflict,  December
       S. 4923--C                          5
    1  fourteenth,  nineteen hundred forty-one through August fourteenth, nine-
    2  teen hundred forty-five, and who was discharged  or  released  therefrom
    3  under  honorable conditions, or during the period of the Korean conflict
    4  at  any  time between the dates of June twenty-seventh, nineteen hundred
    5  fifty and January thirty-first, nineteen hundred fifty-five,  or  during
    6  the  period of the Vietnam conflict from the twenty-eighth day of Febru-
    7  ary, nineteen hundred sixty-one to the  seventh  day  of  May,  nineteen
    8  hundred  seventy-five,  or  (ii)  who served on active duty in the armed
    9  forces of the United States and who was a recipient of the armed  forces
   10  expeditionary  medal,  navy  expeditionary medal or marine corps expedi-
   11  tionary medal for participation in  operations  in  Lebanon  from  [June
   12  first,  nineteen  hundred  eighty-three]  AUGUST  TWENTY-FIRST, NINETEEN
   13  HUNDRED EIGHTY-TWO to December first, nineteen hundred eighty-seven,  in
   14  Grenada  from  October  twenty-third,  nineteen  hundred eighty-three to
   15  November twenty-first, nineteen hundred  eighty-three,  [or]  in  Panama
   16  from  December  twentieth, nineteen hundred eighty-nine to January thir-
   17  ty-first, nineteen hundred ninety, OR DURING ANY OTHER PERIOD OF WAR  OR
   18  HOSTILITIES  IN  SUCH LOCATIONS AND DURING SUCH PERIODS OF TIME AS SHALL
   19  BE DETERMINED FROM TIME TO TIME BY THE FEDERAL DEPARTMENT OF DEFENSE  OR
   20  THE UNITED STATES CONGRESS, or (iii) who served in the armed forces of a
   21  foreign  country  allied  with  the  United States during world war I or
   22  world war II, or during the period of the Korean conflict  at  any  time
   23  between  June twenty-seventh, nineteen hundred fifty and January thirty-
   24  first, nineteen hundred fifty-five, or during the period of the  Vietnam
   25  conflict  from  the  twenty-eighth  day  of  February,  nineteen hundred
   26  sixty-one to the seventh day of May, nineteen hundred  seventy-five,  or
   27  during  the  period  of the Persian Gulf conflict from the second day of
   28  August, nineteen hundred ninety to the end  of  such  conflict,  or  who
   29  served  on  active duty in the army or navy or marine corps or air force
   30  or coast guard of the United States, and who was honorably discharged or
   31  separated from such service under  honorable  conditions,  except  where
   32  such  action would endanger the public safety or the safety or health of
   33  persons cared for by the state, in which event  such  persons  shall  be
   34  entitled  to  leave  of absence with pay on another day in lieu thereof.
   35  All such persons who are compensated on a per diem, hourly, semi-monthly
   36  or monthly basis, with or without maintenance, shall also be entitled to
   37  leave of absence with pay under the provisions of this  section  and  no
   38  deduction in vacation allowance or budgetary allowable number of working
   39  days  shall  be  made  in  lieu thereof. A refusal to give such leave of
   40  absence to one entitled thereto shall be neglect of duty.
   41    S 8. Notwithstanding any other provisions of law to the contrary,  any
   42  provisions  of  law  which grant benefits or eligibility to veterans who
   43  served in the armed forces of the United States during a period  of  war
   44  or  hostilities,  such period shall include any additional period of war
   45  or hostilities in such locations and during  such  periods  of  time  as
   46  shall  be  determined  from  time  to  time by the federal Department of
   47  Defense or the United States Congress.
   48    S 9. This act shall take effect immediately.
         FISCAL NOTE.--This bill would extend the benefits of  Chapter  548  of
       the  Laws  of  2000  to members of public retirement systems in New York
       State who are in the military during any hostility or period of  war  as
       determined  by  the  federal  Department of Defense or the United States
       Congress. In addition, this bill amends the eligibility dates for  mili-
       tary  service  rendered  during  the  period of conflict in Lebanon from
       8/21/82- 12/1/87. Currently, the period is defined to be  6/1/83-12/1/87
       Affected members may purchase up to a maximum of three years of military
       S. 4923--C                          6
       service.  Tier  1-5 members 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. Tier 6 members would be required to make  a
       payment  of  six  percent  of their most recent compensation per year of
       additional service credit.
         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% (9% for Tier 6)  of
       an  affected  members'  compensation 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  17%  (14% 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: Pursuant to Section 25 of the Retirement and Social Securi-
       ty Law, the increased cost to the New York State  and  Local  Employees'
       Retirement  System  would be borne entirely by the State of New York and
       would require an itemized appropriation sufficient to pay  the  cost  of
       the  provision.  Since a member can apply for this service credit at any
       time prior to retirement, 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: These costs would be shared by the State of New  York  and
       the participating employers in the PFRS.
         Summary of relevant resources:
         The  membership  data  used  in  measuring  the impact of the proposed
       change was the same as that used in the March 31, 2013  actuarial  valu-
       ation.    Distributions  and  other  statistics can be found in the 2013
       Report of the  Actuary  and  the  2013  Comprehensive  Annual  Financial
       Report.
         The  actuarial assumptions and methods used are described in the 2010,
       2011, 2012 and 2013  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, 2013
       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 estimate, dated January 20, 2014 and intended for use only during
       the  2014  Legislative  Session, is Fiscal Note No. 2014-60, 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.
feedback