Provides military service credit to members who received certain expeditionary medals

2 Co-sponsors

• Joseph P. Addabbo Jr.
• John J. Bonacic

BILL NUMBER:S5095

Title of bill

An act to amend the retirement and social security law, in relation to military service credit for members who received certain expeditionary medals

Purpose

Allows any veteran who has been honorably discharged and has received the expeditionary medal to be eligible to purchase additional service credit for up to three years of military service.

Summary of provisions

Section 1 amends paragraphs (c) and (d) of subdivision 2 of Section 1000 of the Retirement and Social Security Law and adds a new paragraph (e) to allow a veteran who received an armed forces expeditionary medal, navy expeditionary medal or marine corps expeditionary medal, and was honorably discharged, to buy back additional military service credit, up to a maximum of three years.

Section 2 establishes an effective date.

Justification

Under current law, veterans of some past hostilities are eligible to buy back time in the State retirement system. This legislation would expand the list of veterans who are eligible to buy back their military service time in the retirement system. The expanded list would include all those veterans who were awarded armed forces; navy or marine expeditionary medals and were honorably discharged. Expeditionary medals are awarded by the armed forces, navy or Marine Corps to persons who served in military operations where hostilities were present or imminent. These veterans are currently eligible for the veterans real property tax exemption and should also be eligible for the buy-back retirement program.

Legislative history

2008: S.7926-Civil Service and Pensions 2007: S.2888-A -Civil Service and Pensions 2006: S.2717- Civil Service and Pensions 2004: S.4756- Civil Service and Pensions 2003: S.4756- Civil Service and Pensions 2002: S.7202- Civil Service and Pensions

Fiscal implications

This bill would amend Chapter 548 of the Laws of 2000 to allow veterans who are members of public retirement systems and who have received an expeditionary medal to purchase additional service credit for up to a maximum of three years of military service. Affected members would he required to pay three percent of their current annual compensation for each year of service being purchased.

This bill also applies to certain veterans who become members of a public retirement system after the effective date of this legislation and certain veterans who render military duty in the future conflicts that occur after the effective date of this legislation.

The number of current and future members who could be affected by this legislation cannot be readily determined.

If this bill is enacted, insofar as this proposal affects the New York State and Local Employees' Retirement System MRS), it is estimated that the past service cost will average approximately 12% 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% of an affected members' compensation for each year of additional service that is purchased.

These costs would be shared by the State of New York and all participating employers in the New York State and Local Employees' Retirement System and the New York State and Local Police and Fire Retirement System.

This estimate, dated February 4,2011 and intended for use only during the 2011 Legislative Session is Fiscal Note No. 2011-107, 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.

Effective date

This act shall take effect immediately.