Enacts the "New York city health and hospitals corporation military pay act"

1 Co-sponsor

• Tony Avella

BILL NUMBER:S4639

Title of bill

An act to amend the military law, in relation to enacting the "New York city health and hospitals corporation military pay act"

Purpose

The purpose of this bill is to extend the provisions of the Public Servant Soldier Salary Act, allowing mobilized employees to receive the difference of their military and civilian pay while mobilized, to the employees of the New York City Health and Hospitals Corporation.

Summary of provisions

This bill amends section 242(5-a) of the Military Law to provide that the provisions contained in this section shall also apply to employees of the New York City Health and Hospitals Corporation, in addition to the public officers or employees of a city with a population of one million or more, who are already covered. The bill also amends the definition of "public officer" or "employee" in this section to include employees of the New York City Health and Hospitals Corporation.

Existing law

Current law does not provide for the differential income payment established under the Public Servant Soldier Salary Act for mobilized employees of the New York City Health and Hospitals Corporation.

Justification

The Public Servant Soldier Salary Act was enacted to ensure that city employees serving in the United States Armed Forces were not subject to unreasonable debt upon their return. Prior to the Public Servant Soldier Salary Act mobilized City employees received their full civilian salary while deployed but were required to repay the lesser of their civilian or military salary to the City upon their return. However, one result of the City's old repayment system was that service members were hit with staggering bills from the City on their return home.

The Public Servant Soldier Salary Act eliminated the City's "repayment" system altogether and replaced it with a true differential payment system whereby mobilized employees receive the difference between their civilian and military salaries during the period of their deployment, so returning employees do not have to repay any amount to the City at the conclusion of their mobilization. Currently, the Public Servant Soldier Salary Act does not cover those in the New York City Health and Hospitals Corporation, many of whom serve in America's Armed Forces and remain subject to the former system. In the interests of fairness, it is necessary to extend the protections of the Public Servant Soldier Salary Act so that returning veterans from New York City Health and Hospitals Corporation are also paid a differential during their deployment, and are not forced to repay the City upon their return.

Legislative history

S.3894 of 2011 - Passed Senate both years

Fiscal implications

None.

Effective date

This act shall take effect immediately.