What's happening
This bill allows retired teacher Joseph DelGiorno to apply for Korean War military service credit in the NYS Teachers' Retirement System.
Why it matters
Sets a precedent for individual exceptions. By granting Joseph DelGiorno a special eligibility window for military service credit long after retirement, the bill highlights how legislative action can override existing time limits, which may encourage similar requests from other retirees.
Creates a retroactive financial obligation. The recalculation of DelGiorno’s pension as if the military credit had been applied at his retirement means additional, retroactive pension payments, leading to immediate financial impact on the retirement system and its employer contributors.
Shifts costs to public employers. The majority of the cost (about $37,000 out of $38,800) will be covered by the employers in the NYS Teachers' Retirement System, not just the individual retiree, potentially raising concerns about fairness and the burden on taxpayers or school districts.
Highlights ongoing debates over military service credit. This case underscores broader discussions about how and when service members should be able to claim retirement credit, especially for conflicts like the Korean War, and whether exceptions should be made for individual cases.
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Who cares
Headline styles
Allow DelGiorno Military Credit
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Held for consideration in governmental employees
- Print number 8364a
- Amend and recommit to governmental employees
- Referred to governmental employees
- Referred to governmental employees
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.
Let DelGiorno Apply for Credit
In Senate Committee · Civil Service And Pensions · Sponsor Todd Kaminsky
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8364--A
2017-2018 Regular Sessions
IN ASSEMBLY
June 12, 2017
Introduced by M. of A. CURRAN -- read once and referred to the Committee on Governmental Employees -- recommitted to the Committee on Governmental Employees in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to authorize Joseph DelGiorno's eligibility to apply for military service credit in the New York state teachers' retirement system
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Notwithstanding subdivision 5 of section 1000 of the retirement and social security law, Joseph DelGiorno, a retired member of the New York state teachers' retirement system, having retired in 1988; and who served in the United States military during the Korean conflict, shall be eligible to apply for military service credit in the New York state teachers' retirement system as otherwise provided pursuant to the provisions of section 1000 of the retirement and social security law, if, within one year of the effective date of this act, he shall file a written request to that effect with such retirement system. Such benefit shall be recalculated as of the date of his retirement.
§ 2. All costs attributable to the implementation of this act shall be borne by the employers of members of the New York state teachers' retirement system.
§ 3. This act shall take effect immediately.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would allow Joseph DelGiorno, a retired member of the New
York State Teachers' Retirement System, to apply for retirement credit
for military service rendered during the Korean conflict. Mr. DelGiorno
must file a written request with the head of the New York State Teach-
ers' Retirement System within one year of the effective date of this
bill. Additionally, Mr. DelGiorno must pay an amount equal to the prod-
uct of the period of military service being claimed and three percent of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11914-03-8
A. 8364--A 2
his annual full-time rate of compensation immediately preceding his
retirement. The increase in Mr. DelGiorno's pension will be payable
retroactively to his date of retirement.
The cost of this benefit is equal to the increase in the present value
of liabilities, which is estimated to be $38,800. This cost would be
borne by the employers of members of the New York State Teachers'
Retirement System and by Mr. DelGiorno. The employers of members of the
New York State Teachers' Retirement System would be responsible for
approximately $37,000 and Mr. DelGiorno for approximately $1,800.
Member data is from the System's most recent actuarial valuation
files, consisting of data provided by the employers to the Retirement
System. Data distributions and statistics can be found in the System's
Comprehensive Annual Financial Report (CAFR). System assets are as
reported in the System's financial statements, and can also be found in
the CAFR. Actuarial assumptions and methods are provided in the System's
Actuarial Valuation Report.
The source of this estimate is Fiscal Note 2018-10 dated January 29,
2018 prepared by the Actuary of the New York State Teachers' Retirement
System and is intended for use only during the 2018 Legislative Session.
I, Richard A. Young, am the Actuary for the New York State Teachers'
Retirement System. I am a member of the American Academy of Actuaries
and I meet the Qualification Standards of the American Academy of Actu-
aries to render the actuarial opinion contained herein.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.