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Senator · Senate District 40
History
- Reported and committed to finance
- Referred to veterans, homeland security and military affairs
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.208
- Referred to veterans, homeland security and military affairs
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to the service time of military personnel
In Assembly Committee · Governmental Employees · Sponsor Michael G. Miller
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S3954
Title of bill
An act to amend the military law, in relation to the service credit time of military personnel
Purpose
This bill would allow any person who is a member of any public retirement system of the state, called up for active duty military service during any period from September 11,2001 to the present time, to be awarded full pension credit, for all time so employed on active duty, as if such person was employed full time in their public employment, during the time of such active duty service, regardless of whether such person receives any wages or salary income from such public employment during such active duty service.
Summary of provisions
Specifically, this bill would add section 244-b of the military law to provide that:
Notwithstanding any other provision of law to the contrary, any person, who is a member of any public retirement system of the state, called up for active duty service as a member of the:
a. Naval militia; b. New York State Guard; c. New York National Guard; d. Reserves; or e. United States Army, Navy, Marines, Air Force, or Coast Guard,
during any period from September 11, 2001 to the present time, shall be awarded full pension credit, for all time so employed on active duty, as if such person was employed full time in their public employment, during the time of such active duty, service, regardless of whether such person receives any wages or salary income from such public employment during such active duty service.
Justification
Presently, most military veterans, who are state or local employees, receive service public pension credit time while are on active duty. A certain select few, however, mostly of officer rank, do not.
As a result, these persons, not only suffer the time away from home and family incumbent from their service on active duty, but are also penalized by losing their time credit in the public pension system.
This bill would remedy this gap in the law, and thereby eliminate the present disincentive of a state or local employee to serve as an officer in the reserves, militia or guard.
It would expressly recognize their service to our country, and end the present penalty system which the current law mistakenly imposes.
America and New York needs every person who is willing to serve to protect our freedom, liberty and way of life. This bill would recognize that commitment of those brave men and women who have answered the call since September 11th.
Legislative history
S.4722 of 2009/2010
Fiscal implications
To be determined
Effective date
This act would take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.