Provides that a member of a public retirement system of the state may obtain a total not to exceed three years of service credit for up to three years of military duty if the member has completed a term of state service, under orders from the governor of the state of New York, and as certified by a letter of release from such orders issued by the state division of military and naval affairs.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5531
SPONSOR: Brook-Krasny TITLE OF BILL:
An act to amend the retirement and social security law, in relation to
military service credit
PURPOSE OR GENERAL IDEA OF BILL:
To permit members of the State Organized Militia to purchase service
credit for time served on full-time State military duty performed under
state orders.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 allows a member of the organized Militia of the State to
purchase service credit for purposes of state retirement on the same
terms and conditions as are provided for members of the Armed Forces who
served on federal active duty.
Section 2. consists of the effective date.
JUSTIFICATION:
It has long been the practice of the state to permit former members of
the Armed Forces to purchase up to three years of service credit towards
their state retirement for time spent on full-time Federal Active mili-
tary duty. This is done by paying an amount into the retirement system
equal to what it is estimated that they would have paid had they been in
their civilian occupation, as well as a copy of their DD-214, or
discharge papers. This provision does not, however, permit members of
the Organized Militia of the State, these being the Army and Air
National Guard, New York State Guard, and New York State Naval Militia,
to purchase service credit for time for which they had been activated by
the Governor for State service, rather than by the President for
National service.
The past few decades have seen dramatically increased usage of the
Organized Militia for State active duty, starting with the hundreds
activated for service after the September 11, 2001 terror attack, and up
to the present day, where members of the Organized Militia are serving
to provide services, support, and security for the thousands of undocu-
mented immigrants entering the state over the past year. In the interest
of plain fairness this bill would extend the ability to purchase service
credit to these members serving the State. The members would pay an
amount into the retirement system equivalent to that paid in by veterans
of federal service, and would provide a letter of release from orders
from the State Division of Military and Naval Affairs in lieu of a
DD-214.
PRIOR LEGISLATIVE HISTORY:
2023-2024, A.9379, HELD in Governmental Employees
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
Immediate
