Provides credit to members of public retirement systems of the state for military service rendered during certain periods; appropriation

Summary of specific provisions

Section one amends section 1000 of the retirement and social security law, as added by chapter 548 of the Laws of 2000 and subdivision 9 as added by chapter 547 of the laws of 2002, by deleting the specified periods of time in which military service would had to have been rendered in order to receive up to three years of service credit. Such specified periods currently prevent a person who served in the military, outside such periods, from obtaining service credit when applying to a public retirement system of the state. This section also deletes other restricting dates.

Section two provides an appropriation.

Section three provides the effective date.

Justification

The goal of this bill is simple: to honor those who have bravely served our country and to encourage them to return to New York and continue their public service as teachers, firefighters, police officers, municipal and state employees. After five years of service to New York, these men and women would become eligible to buy additional pension credit. This is a small price to pay to recognize the training and leadership skills that our veterans received during their honorable military service.

I. NEW YORK'S MILITARY SERVICE CREDIT LAW LEADS TO ARBITRARY AND INCONSISTENT RESULTS.

Under the existing law, whether or not a veteran is eligible for the military service credit program depends entirely upon when and where he or she served, leading to arbitrary and inconsistent results.

A. Limiting service credit to specific dates of war leaves out veterans who performed the same duties at other times.

Currently, military service credit is available to anyone who served during World War II (12/7/1941 to 12/31/1946), the Korean War (6/27/1950 to 1/31/1955) and the War in Vietnam (2/28/1961 to 5/7/1975). While all of these periods of conflict did involve massive amounts of troops in combat, 30% of troops during the Vietnam Era served outside of Vietnam and the surrounding Southeast Asian theater.{1} It makes little sense that the approximately three million troops that served outside of the Vietnam region during that era are eligible for this pension credit when men and women who are currently in the line of fire are not eligible. All veterans, regardless of when they served should have the same pension opportunities as those that served in these eras.

B. Limiting service credit to those who received an expeditionary medal discriminates against women veterans.

Those who received an expeditionary medal for service in the military conflicts in Lebanon (6/1/1983 to 12/1/1987), Grenada (10/23/1983 to 11/21/1983), and Panama (12/20/1989 to 1/31/1990) are also eligible to purchase pension credit. Because the expeditionary medal is awarded for participation in a military conflict, women who served during these conflicts were not awarded the medal since they were not eligible for deployment into the theater of operations at that time.{2} Men and women who served in the theater of operations in Iraq, Kuwait, Saudi Arabia, Bahrain, Qatar, the Persian Gulf, and the Red Sea since August 2, 1990 are eligible to buy back military service credit without receipt of an expeditionary medal, but women who served during these conflicts are still unfairly excluded since they were banned from serving in any combat mission and most non-combat positions located in the theater of operations.{3} The women who served during these conflicts are unfairly excluded from buying back military service credit because they were banned from combat positions and essentially prohibited from serving in the theater of operations.

A 1994 Pentagon ruling opened up additional non-combat positions to women, but they were still prohibited from serving in units whose primary mission is direct combat, including infantry and artillery roles.{4} In 2013, the Pentagon lifted the ban on women serving in direct combat roles and more positions are now available for women.{5} However, since it is still uncommon for women to serve in combat roles, they are disproportionately excluded from buying back military service credit when eligibility for the credit is based on combat service.

C. Limiting service credit to service in a specific country or conflict leaves out veterans who served in active combat or performed critical operations in other locations.

Many veterans who served in active combat are ineligible for the military service credit. Troops that have participated in active combat in Somalia, Bosnia, Haiti, Kosovo, Afghanistan, Pakistan, and the Korean DMZ are not eligible for the military service credit. There should be no distinction between service in one of these operations or one of the many other operations that are currently eligible for the military service credit.

Additionally, military personnel aiding in any of these operations from other locations, such as Israel, Turkey, and Germany are also ineligible to access this credit buyback. Further, the veterans who served around the world in dangerous situations during the Cold War are also excluded. All of these troops have played and continue to play a critical role in our nation's defense and should be permitted to buy back the military service credit.

II. AN INDIVIDUAL UNDERTAKES THE RISK OF INJURY OR DEATH WHEN HE OR SHE ENLISTS IN THE MILITARY.

The justification often given for limiting service credit to veterans who served in wartime is that those veterans risked their lives by going to war. However, an individual undertakes the risk of injury or death when he or she enlists in the military. At that point in time, it is unknown whether the United States will enter into a conflict, intensify operations in a current conflict, or even face an attack. Our military personnel choose to risk their lives for our country at the time they volunteer to serve. Public policy should acknowledge

this fact, and the risk that all veterans have taken should be appreciated.

The tragic shooting in Chattanooga, Tennessee, in which four Marines and a Navy petty officer were killed in a recruiting center, proves that our service members undertake great risk when they enter the military, regardless of where they are eventually assigned. There are also assignments in the military that are extremely risky, whether or not the assignment is performed during a conflict. For example, a bomb removal technician is one of the most dangerous jobs in the Marines. The risk faced in that job occurs regardless of where it is performed, as evidenced by the death of four Marines at Camp Pendelton, California in 2013.{6}

III. The New York State pension system is one of the least generous to veterans. The New York State pension system is one of only six state pension systems to limit credit based on dates and/or combat service. States that allow for the purchasing of credit based on any military service include Arizona, California, Illinois, Massachusetts, New Jersey, Ohio, Pennsylvania, Texas and Virginia and encompass nine of the ten largest cities in the country. Currently, New York has one of the least comprehensive military service credit programs in the nation when considering who is eligible and the number of years available for purchase. By comparison, New Jersey{7} allows any veteran to buy up to ten years of service credit and Califonia{8} allows four; the current structure under our laws is one of the least veteran friendly in the nation. The attached chart provides an overview of the military service credit available in all fifty states. The great State of New York should be a leader in supporting our returning veterans and passage of this bill will be a positive step in making this a reality.

IV. IT IS IMPOSSIBLE TO ACCURATELY DETERMINE THE COST OF THIS BILL.

The fiscal notes produced by the New York State and Local Retirement System (ERS), and New York State Teachers' Retirement System (NYSTRS) in relation to this bill state that it is impossible to determine the number of individuals impacted by this bill as there are no records of the number of veterans who are members of these retirement systems. Additionally, even if there was a record of the total number of veterans, it would not indicate how many additional veterans would be covered by this expansion nor would it be possible to predict the number of veterans who would opt to buy pension credit.

The New York City Retirement Systems (NYCRS) fiscal note also acknowledges that it is impossible to determine the exact number of individuals impacted by this bill. However, the OA did estimate the number of veterans in the NYCRS who could, potentially become eligible for the military service credit pursuant to this legislation by using publicly available census data. Under this estimate, if every eligible veteran were to purchase service credit, it would cost New York City approximately $14.8 million annually, which is only two tenths of one percent more than the approximately $9 billion that New York City currently contributes to the NYCRS annually.

Prior legislative history

A.8174-A, same as S. 5937, veto 221. A.6974-B, 2014 veto 484 and 2013 referred to government employees. Same as S. 7839, 2014 veto 484. A.8067-B, 2011 referred to governmental operations and 2012 held for consideration in ways and means. Same as S.6904-A, 2012 referred to civil service and pensions. A.6663-A, 2010 referred to ways and means. Same as S.4316-A, 2010 referred to civil service and pensions. A.6663, 2009 referred to governmental employees. Same as S.4316, 2009 referred to civil service and pensions. A.6318-C, 2007 referred to governmental employees and 2008 passed Assembly. Same as S.5495, 2007 and 2008 referred to civil service and pensions.

Fiscal implication

See fiscal notes included at the end of the bill.

Effective date

This act shall take effect immediately. {1} See National Vietnam Veterans Foundation Statistics http://www.nationalvietnamveteransfoundation.org/statistics.htm {2} See "Restrictions on Assignments of Military Women: A Brief History," National Women's Law Center, April 2015, available at http://www.nwlc.org/resource/restrictions-assignments-military-women- brief-history. {3} Id. {4} See Elisabeth Bumiller and Thom Shanker, "Pentagon Is Set to Lift Combat Ban for Women," New York Times, January 3, 2013, available at http://www.nytimes.com/2013/01/24/us/pentagon-says-it-is-liftine-ban- on-womenin-combat.html? pagewanted=all& r=0. {5} Id. {6} Associated Press, "Marines killed at California's Camp Pendleton worked in one of Corps' most dangerous jobs," November 15, 2013, http://vvww.foxnews.com/us/2013/11/15/marines-killed-at-california- camp-pendleton-workedin-one-corps-most-dangerous/. {7} See The New Jersey Division of Pension and Benefits http://www.state.nj.us/treasury/pensions/pdf/factsheets/fact0l.pdf {8} See CalPERS "A Guide to Your CalPERS Service Credit Purchase Options" http://www.calpers.ca.gov/eipdocs/about/pubs/member/guide-calpers-ser vice-credit-options.pdf