Military Service Credit

 
LAWS OF NEW YORK, 2005
CHAPTER 326
(See FISCAL NOTE at end of Chapter.)
1       AN  ACT  to  amend  the  military law, in relation to service credit for
2         members of a public retirement system called to active  military  duty
3         on or after September 11, 2001
4
5            Became a law July 26, 2005, with the approval of the Governor.
6                 Passed by a majority vote, three-fifths being present.
7
8         The  People of the State of New York, represented in Senate and Assem-
9       bly, do enact as follows:
10
11         Section 1. The military law is amended by adding a new  section  243-d
12       to read as follows:
13         §  243-d.    Non-contributory retirement service credit for members of
14       the New York state and local retirement systems or the  New  York  state
15       teachers'  retirement  system called to active military duty on or after
16       September  eleventh,  two  thousand  one.  Notwithstanding   any   other
17       provision  of law, any member of the New York state and local employees'
18       retirement system, the New York state and local police and fire  retire-
19       ment  system,  or  the New York state teachers' retirement system who is
20       called to active military duty on or after September eleventh, two thou-
21       sand one and prior to January  first,  two  thousand  six,  who  is  not
22       receiving  his  or  her full salary from a participating employer and is
23       otherwise eligible to receive retirement service credit in  such  system
24       for  such active military duty pursuant to section two hundred forty-two
25       or two hundred forty-three of this article, shall  not  be  required  to
26       make member contributions to receive such credit.
27         § 2. This act shall take effect immediately and be deemed to have been
28       in full force and effect on and after September 11, 2001.
29       ------------------------------------------------------------------------
30         FISCAL  NOTE.--This bill would add a new section 243-d to the Military
31       Law to allow certain members of the New York State and Local  Employees'
32       Retirement  System, the New York State and Local Police and Fire Retire-
33       ment System and the New York State Teachers' Retirement System  who  are
34       called to active military duty, to receive service credit in such system
35       without  making  member  contributions  for  such service credit.   Such
36       members must have been called to military duty on or after September 11,
37       2001 and prior to January  1,  2006  and  otherwise  eligible  for  such
38       service credit.
39         If this bill is enacted, insofar as it would affect the New York State
40       and  Local Employees' Retirement System and the New York State and Local
41       Police and Fire Retirement System, the cost would depend on  the  number
42       of members affected and upon the amount of military service credit being
43       claimed.  It should be noted that if such member is not required to make
44       member  contributions  prior to being called to active military service,
45       there currently is no cost to the member.
46         The number of members who could be affected by this legislation cannot
47       be readily determined.  The costs for affected members would  be  3%  of
48
49       EXPLANATION--Matter in italics is new; matter in brackets [ ] is old law
50                                    to be omitted.
1       CHAP. 326                          2
2
3       the  members'  compensation that would have been earned for each year of
4       additional service credit purchased with 5% interest. These costs  would
5       be  shared  by  the State of New York and all participating employers in
6       the  New  York  State and Local Employees' Retirement System and the New
7       York State and Local Police and Fire Retirement System.
8         This estimate, dated February 18,  2005  and  intended  for  use  only
9       during  the  2005  Legislative  Session,  is  Fiscal  Note No. 2005-226,
10       prepared by the Actuary for the New  York  State  and  Local  Employees'
11       Retirement  System  and  the  New  York  State and Local Police and Fire
12       Retirement System.
13
14       The Legislature of the STATE OF NEW YORK ss:
15         Pursuant to the authority vested in us by section 70-b of  the  Public
16       Officers  Law,  we  hereby  jointly  certify that this slip copy of this
17       session law was printed under our direction and, in accordance with such
18       section, is entitled to be read into evidence.
19
20          JOSEPH L. BRUNO                                     SHELDON SILVER
21       Temporary President of the Senate                Speaker of the Assembly