Bill Text: NY A08914 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Expands the definition of veteran to include members of the commissioned corps of the NOAA and the commissioned corps of the public health service; expands access to certain benefits to those who served in the commissioned corps of the NOAA and the commissioned corps of the public health service.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2024-03-26 - reported referred to ways and means [A08914 Detail]

Download: New_York-2023-A08914-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8914

                   IN ASSEMBLY

                                    January 26, 2024
                                       ___________

        Introduced  by  M.  of  A.  JEAN-PIERRE -- read once and referred to the
          Committee on Veterans' Affairs

        AN ACT to amend the economic development law, the public  officers  law,
          the real property tax law and the military law, in relation to expand-
          ing  the  definition of veteran to include members of the commissioned
          corps of the national oceanic and atmospheric administration  and  the
          United States public health service

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1.  Subdivision 6 of section 210 of the  economic  development
     2  law,  as  amended  by section 33 of part PP of chapter 56 of the laws of
     3  2022, is amended to read as follows:
     4    6. "Veteran" shall mean a [person who  served  in  the  United  States
     5  army,  navy,  air  force, marines, coast guard, and/or reserves thereof,
     6  and/or in the army national guard, air national guard,  New  York  guard
     7  and/or  the New York naval militia] veteran as defined in section one of
     8  the veterans' services law and who (a)  has  received  an  honorable  or
     9  general  discharge from such service, or (b) has a qualifying condition,
    10  as defined in section  one  of  the  veterans'  services  law,  and  has
    11  received  a  discharge  other than bad conduct or dishonorable from such
    12  service, or (c) is a discharged LGBT veteran, as defined in section  one
    13  of  the  veterans' services law, and has received a discharge other than
    14  bad conduct or dishonorable from such service.
    15    § 2. Section 63 of the public officers law, as amended by  section  80
    16  of  part  PP  of  section  56 of the laws of 2022, is amended to read as
    17  follows:
    18    § 63. Leave of absence for veterans on Memorial day and Veterans' day.
    19  It shall be the duty of the head of every public department and of every
    20  court of the state of New York, of every superintendent  or  foreman  on
    21  the  public  works  of said state, of the county officers of the several
    22  counties of said state, of the town officers of  the  various  towns  in
    23  this  state, of the fire district officers of the various fire districts
    24  in this state, and of the head of every department, bureau and office in
    25  the government of the various cities and villages in this state, and the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06757-06-4
        A. 8914                             2

     1  officers of any public benefit corporation or any  public  authority  of
     2  this  state, or of any public benefit corporation or public authority of
     3  any county or subdivision of this state, to give leave of  absence  with
     4  pay for twenty-four hours on the day prescribed by law as a public holi-
     5  day for the observance of Memorial day and on the eleventh day of Novem-
     6  ber,  known  as  Veterans'  day,  to  every person in the service of the
     7  state, the county, the town, the fire district, the city or village, the
     8  public benefit corporation or public authority of  this  state,  or  any
     9  public benefit corporation or public authority of any county or subdivi-
    10  sion of this state, as the case may be, (i) who served on active duty in
    11  the  armed  forces  of the United States during world war I or world war
    12  II, or who was employed by the War Shipping Administration or Office  of
    13  Defense  Transportation  or their agents as a merchant seaman documented
    14  by the United States Coast Guard or Department  of  Commerce,  or  as  a
    15  civil  servant  employed  by  the  United  States Army Transport Service
    16  (later redesignated as the  United  States  Army  Transportation  Corps,
    17  Water  Division)  or  the  Naval  Transportation Service; and who served
    18  satisfactorily as a crew member during the  period  of  armed  conflict,
    19  December seventh, nineteen hundred forty-one, to August fifteenth, nine-
    20  teen  hundred  forty-five,  aboard merchant vessels in oceangoing, i.e.,
    21  foreign, intercoastal, or coastwise service as such  terms  are  defined
    22  under  federal  law (46 USCA 10301 & 10501) and further to include "near
    23  foreign" voyages between the United States and Canada,  Mexico,  or  the
    24  West Indies via ocean routes, or public vessels in oceangoing service or
    25  foreign  waters  and  who  has  received  a  Certificate  of  Release or
    26  Discharge from Active Duty and a discharge certificate, or an  Honorable
    27  Service  Certificate/Report of Casualty, from the Department of Defense,
    28  or who served as a United States civilian employed by the American Field
    29  Service and served overseas under United States Armies and United States
    30  Army Groups in world war II during the period of armed conflict,  Decem-
    31  ber  seventh,  nineteen  hundred  forty-one through May eighth, nineteen
    32  hundred forty-five, and who (a) was  discharged  or  released  therefrom
    33  under  honorable  conditions,  or  (b)  has  a  qualifying condition, as
    34  defined in section one of the veterans' services law, and has received a
    35  discharge other than bad conduct or dishonorable from such  service,  or
    36  (c)  is  a  discharged  LGBT  veteran,  as defined in section one of the
    37  veterans' services law, and has received  a  discharge  other  than  bad
    38  conduct  or  dishonorable  from  such  service or who served as a United
    39  States civilian Flight Crew and Aviation Ground Support Employee of  Pan
    40  American  World Airways or one of its subsidiaries or its affiliates and
    41  served overseas as a result of Pan American's contract with  Air  Trans-
    42  port  Command  or Naval Air Transport Service during the period of armed
    43  conflict, December fourteenth, nineteen hundred forty-one through August
    44  fourteenth, nineteen hundred forty-five, and who (d) was  discharged  or
    45  released  therefrom  under honorable conditions, or (e) has a qualifying
    46  condition, as defined in section one of the veterans' services law,  and
    47  has  received  a  discharge  other than bad conduct or dishonorable from
    48  such service, or (f) is a discharged LGBT veteran, as defined in section
    49  one of the veterans' services law, and has received  a  discharge  other
    50  than  bad conduct or dishonorable from such service or during the period
    51  of the Korean conflict at any time between the dates of June twenty-sev-
    52  enth, nineteen hundred fifty and January thirty-first, nineteen  hundred
    53  fifty-five,  or during the period of the Vietnam conflict from the first
    54  day of November, nineteen hundred fifty-five to the seventh day of  May,
    55  nineteen  hundred seventy-five, or (ii) who served on active duty in the
    56  armed forces of the United States and who was a recipient of  the  armed
        A. 8914                             3

     1  forces  expeditionary  medal,  navy  expeditionary medal or marine corps
     2  expeditionary medal for participation in operations in Lebanon from June
     3  first, nineteen hundred eighty-three to December first, nineteen hundred
     4  eighty-seven,  in  Grenada  from  October twenty-third, nineteen hundred
     5  eighty-three to November twenty-first, nineteen hundred eighty-three, or
     6  in Panama from December twentieth, nineteen hundred eighty-nine to Janu-
     7  ary thirty-first, nineteen hundred ninety, or (iii) who  served  in  the
     8  armed  forces  of a foreign country allied with the United States during
     9  world war I or world war II, or during the period of the Korean conflict
    10  at any time between June  twenty-seventh,  nineteen  hundred  fifty  and
    11  January  thirty-first, nineteen hundred fifty-five, or during the period
    12  of the Vietnam conflict from the first day of November, nineteen hundred
    13  fifty-five to the seventh day of May, nineteen hundred seventy-five,  or
    14  during  the  period  of the Persian Gulf conflict from the second day of
    15  August, nineteen hundred ninety to the end  of  such  conflict,  or  who
    16  served  on  active duty in the army or navy or marine corps or air force
    17  or coast  guard  of  the  United  States,  and  who  (a)  was  honorably
    18  discharged or separated from such service under honorable conditions, or
    19  (b)  has a qualifying condition, as defined in section one of the veter-
    20  ans' services law, and has received a discharge other than  bad  conduct
    21  or  dishonorable from such service, or (c) is a discharged LGBT veteran,
    22  as defined in section  one  of  the  veterans'  services  law,  and  has
    23  received  a  discharge  other than bad conduct or dishonorable from such
    24  service except where such action would endanger the public safety or the
    25  safety or health of persons cared for by the state, in which event  such
    26  persons shall be entitled to leave of absence with pay on another day in
    27  lieu  thereof,  or  (iv)  who  served on active duty in the commissioned
    28  corps of the national oceanic  and  atmospheric  administration  or  the
    29  United   States  public  health  service,  and  who  (a)  was  honorably
    30  discharged or separated from such service under honorable conditions, or
    31  (b) has a qualifying condition, as defined in section one of the  veter-
    32  ans'  services  law, and has received a discharge other than bad conduct
    33  or dishonorable from such service, or (c) is a discharged LGBT  veteran,
    34  as  defined  in  section  one  of  the  veterans'  services law, and has
    35  received a discharge other than bad conduct or  dishonorable  from  such
    36  service except where such action would endanger the public safety or the
    37  safety  or health of persons cared for by the state, in which event such
    38  persons shall be entitled to leave of absence with pay on another day in
    39  lieu thereof. All such persons who are compensated on a per diem,  hour-
    40  ly,  semi-monthly  or  monthly basis, with or without maintenance, shall
    41  also be entitled to leave of absence with pay under  the  provisions  of
    42  this  section and no deduction in vacation allowance or budgetary allow-
    43  able number of working days shall be made in lieu thereof. A refusal  to
    44  give  such  leave of absence to one entitled thereto shall be neglect of
    45  duty.
    46    § 3. Subdivision 4-a of section 458 of the real property tax  law,  as
    47  amended  by  section 82 of part PP of chapter 56 of the laws of 2022, is
    48  amended to read as follows:
    49    4-a. For the purposes of this section, the  term  "military  or  naval
    50  services"  shall  be deemed to also include service: (a) by a person who
    51  was employed by the War Shipping Administration  or  Office  of  Defense
    52  Transportation  or  their  agents as a merchant seaman documented by the
    53  United States Coast Guard or Department of Commerce, or as a civil serv-
    54  ant employed by the United States Army Transport Service (later redesig-
    55  nated as the United States Army Transportation Corps, Water Division) or
    56  the Naval Transportation Service; and who  served  satisfactorily  as  a
        A. 8914                             4

     1  crew member during the period of armed conflict, December seventh, nine-
     2  teen  hundred  forty-one,  to  August fifteenth, nineteen hundred forty-
     3  five, aboard merchant  vessels  in  oceangoing,  i.e.,  foreign,  inter-
     4  coastal,  or  coastwise  service as such terms are defined under federal
     5  law (46 USCA 10301 &  10501)  and  further  to  include  "near  foreign"
     6  voyages between the United States and Canada, Mexico, or the West Indies
     7  via  ocean  routes,  or  public vessels in oceangoing service or foreign
     8  waters and who has received a Certificate of Release or  Discharge  from
     9  Active  Duty  and  a  discharge  certificate,  or  an  Honorable Service
    10  Certificate/Report of Casualty, from  the  department  of  defense;  (b)
    11  service  by  a  United  States  civilian  employed by the American Field
    12  Service who served overseas under United States Armies and United States
    13  Army Groups in world war II during the period of armed conflict,  Decem-
    14  ber  seventh,  nineteen  hundred  forty-one through May eighth, nineteen
    15  hundred forty-five, and who (i) was  discharged  or  released  therefrom
    16  under  honorable  conditions,  or  (ii)  has  a qualifying condition, as
    17  defined in section one of the veterans' services law, and has received a
    18  discharge other than bad conduct or dishonorable from such  service,  or
    19  (iii)  is  a  discharged  LGBT veteran, as defined in section one of the
    20  veterans' services law, and has received  a  discharge  other  than  bad
    21  conduct  or dishonorable from such service; [or] (c) service by a United
    22  States civilian Flight Crew and Aviation Ground Support Employee of  Pan
    23  American  World Airways or one of its subsidiaries or its affiliates who
    24  served overseas as a result of Pan American's contract with  Air  Trans-
    25  port  Command  or Naval Air Transport Service during the period of armed
    26  conflict, December fourteenth, nineteen hundred forty-one through August
    27  fourteenth, nineteen hundred forty-five, and who (i) was  discharged  or
    28  released  therefrom under honorable conditions, or (ii) has a qualifying
    29  condition, as defined in section one of the veterans' services law,  and
    30  has  received  a  discharge  other than bad conduct or dishonorable from
    31  such service, or (iii) is a  discharged  LGBT  veteran,  as  defined  in
    32  section  one of the veterans' services law, and has received a discharge
    33  other than bad conduct or dishonorable from such service; or (d) service
    34  by a member of the commissioned corps of the national oceanic and  atmo-
    35  spheric  administration  or  the United States public health service and
    36  who (i) was discharged or released therefrom under honorable conditions,
    37  or (ii) has a qualifying condition, as defined in  section  one  of  the
    38  veterans'  services  law,  and  has  received a discharge other than bad
    39  conduct or dishonorable from such service, or (iii) is a discharged LGBT
    40  veteran, as defined in section one of the veterans'  services  law,  and
    41  has  received  a  discharge  other than bad conduct or dishonorable from
    42  such service.
    43    § 4.  Paragraph (e) of subdivision 1 of  section  458-a  of  the  real
    44  property  tax  law,  as  amended  by chapter 611 of the laws of 2023, is
    45  amended to read as follows:
    46    (e) "Veteran" means a person (i) who served in  the  active  military,
    47  naval,  or air service during a period of war, or who was a recipient of
    48  the armed forces expeditionary medal, navy expeditionary  medal,  marine
    49  corps  expeditionary  medal,  or  global  war on terrorism expeditionary
    50  medal, and who (1) was discharged or released therefrom under  honorable
    51  conditions, or (2) has a qualifying condition, as defined in section one
    52  of  the  veterans' services law, and has received a discharge other than
    53  bad conduct or dishonorable from such service, or (3)  is  a  discharged
    54  LGBT  veteran,  as defined in section one of the veterans' services law,
    55  and has received a discharge other than bad conduct or dishonorable from
    56  such service, (ii) who was employed by the War  Shipping  Administration
        A. 8914                             5

     1  or Office of Defense Transportation or their agents as a merchant seaman
     2  documented  by  the United States Coast Guard or Department of Commerce,
     3  or as a civil servant employed  by  the  United  States  Army  Transport
     4  Service  (later  redesignated  as  the United States Army Transportation
     5  Corps, Water Division) or the  Naval  Transportation  Service;  and  who
     6  served  satisfactorily  as  a  crew  member  during  the period of armed
     7  conflict,  December  seventh,  nineteen  hundred  forty-one,  to  August
     8  fifteenth,  nineteen  hundred  forty-five,  aboard  merchant  vessels in
     9  oceangoing, i.e., foreign, intercoastal, or coastwise  service  as  such
    10  terms  are defined under federal law (46 USCA 10301 & 10501) and further
    11  to include "near foreign" voyages between the United States and  Canada,
    12  Mexico, or the West Indies via ocean routes, or public vessels in ocean-
    13  going  service  or  foreign waters and who has received a Certificate of
    14  Release or Discharge from Active Duty and a discharge certificate, or an
    15  Honorable Service Certificate/Report of Casualty, from the department of
    16  defense, (iii) who served as a United States civilian  employed  by  the
    17  American  Field  Service  and served overseas under United States Armies
    18  and United States Army Groups in world war II during the period of armed
    19  conflict, December  seventh,  nineteen  hundred  forty-one  through  May
    20  eighth,  nineteen  hundred  forty-five,  and  who  (1) was discharged or
    21  released therefrom under honorable conditions, or (2) has  a  qualifying
    22  condition,  as defined in section one of the veterans' services law, and
    23  has received a discharge other than bad  conduct  or  dishonorable  from
    24  such service, or (3) is a discharged LGBT veteran, as defined in section
    25  one  of  the  veterans' services law, and has received a discharge other
    26  than bad conduct or dishonorable from such service, (iv) who served as a
    27  United States civilian Flight Crew and Aviation Ground Support  Employee
    28  of  Pan  American World Airways or one of its subsidiaries or its affil-
    29  iates and served overseas as a result of Pan  American's  contract  with
    30  Air  Transport  Command or Naval Air Transport Service during the period
    31  of armed  conflict,  December  fourteenth,  nineteen  hundred  forty-one
    32  through  August fourteenth, nineteen hundred forty-five, and who (1) was
    33  discharged or released therefrom under honorable conditions, or (2)  has
    34  a  qualifying  condition,  as  defined  in  section one of the veterans'
    35  services law, and has received a discharge other  than  bad  conduct  or
    36  dishonorable  from such service, or (3) is a discharged LGBT veteran, as
    37  defined in section one of the veterans' services law, and has received a
    38  discharge other than bad conduct or dishonorable from such service,  (v)
    39  notwithstanding  any  other  provision  of  law to the contrary, who are
    40  members of the reserve components of the  armed  forces  of  the  United
    41  States  who  (1)  received  an  honorable discharge or release therefrom
    42  under honorable conditions,  or  (2)  has  a  qualifying  condition,  as
    43  defined in section one of the veterans' services law, and has received a
    44  discharge  other  than bad conduct or dishonorable from such service, or
    45  (3) is a discharged LGBT veteran, as  defined  in  section  one  of  the
    46  veterans'  services  law,  and  has  received a discharge other than bad
    47  conduct or dishonorable from such service, but are still members of  the
    48  reserve  components  of  the  armed forces of the United States provided
    49  that such members meet all other qualifications under the provisions  of
    50  this  section, [or] (vi) who shall be considered to have been discharged
    51  or released from active military service  of  the  United  States  under
    52  honorable  conditions  if: (1) the individual served in the active mili-
    53  tary service of the United States for the period of time such individual
    54  was obligated to serve at the time of entry into service; (2) the  indi-
    55  vidual  was  not discharged or released from such service at the time of
    56  completing such period of obligation due to an intervening enlistment or
        A. 8914                             6

     1  reenlistment;  (3)  the  individual  would  have  been  eligible  for  a
     2  discharge  or  release  under conditions other than dishonorable at such
     3  time except for such intervening enlistment or reenlistment; and (4) the
     4  individual  served  in  the active military service of the United States
     5  for a period of at least ten years, provided that such individual  meets
     6  all  other qualifications under the provisions of this section, or (vii)
     7  who served as a member of the commissioned corps of the national oceanic
     8  and atmospheric  administration  or  the  United  States  public  health
     9  service and who (1) was discharged or released therefrom under honorable
    10  conditions, or (2) has a qualifying condition, as defined in section one
    11  of  the  veterans' services law, and has received a discharge other than
    12  bad conduct or dishonorable from such service, or (3)  is  a  discharged
    13  LGBT  veteran,  as defined in section one of the veterans' services law,
    14  and has received a discharge other than bad conduct or dishonorable from
    15  such service.
    16    § 5.  Paragraph (a) of subdivision 1 of  section  458-b  of  the  real
    17  property  tax  law, as amended by section 84 of part PP of chapter 56 of
    18  the laws of 2022, is amended to read as follows:
    19    (a) "Cold War veteran" means a [person, male or  female,]  veteran  as
    20  defined  in  section  one  of  the  veterans' services law who served on
    21  active duty in the United States armed forces[,] during the time  period
    22  from  September  second, nineteen hundred forty-five to December twenty-
    23  sixth, nineteen hundred ninety-one, and (i) was discharged  or  released
    24  therefrom  under  honorable  conditions, or (ii) has a qualifying condi-
    25  tion, as defined in section one of the veterans' services law,  and  has
    26  received  a  discharge  other than bad conduct or dishonorable from such
    27  service, or (iii) is a discharged LGBT veteran, as  defined  in  section
    28  one  of  the  veterans' services law, and has received a discharge other
    29  than bad conduct or dishonorable from such service.
    30    § 6. Paragraph (b) of subdivision 1 of section  243  of  the  military
    31  law,  as  amended  by section 71 of part PP of chapter 56 of the laws of
    32  2022, is amended to read as follows:
    33    (b) The term "military duty" shall mean military service in the  mili-
    34  tary,  naval, aviation or marine service of the United States subsequent
    35  to July first, nineteen hundred forty, or service  under  the  selective
    36  training  and  service  act  of  nineteen hundred forty, or the national
    37  guard and reserve officers mobilization act of nineteen  hundred  forty,
    38  or any other act of congress supplementary or amendatory thereto, or any
    39  similar  act  of congress hereafter enacted and irrespective of the fact
    40  that such service was entered  upon  following  a  voluntary  enlistment
    41  therefor or was required under one of the foregoing acts of congress, or
    42  service  with  the United States public health service as a commissioned
    43  officer, or service with the national oceanic and  atmospheric  adminis-
    44  tration  as  a  commissioned  officer or the United States public health
    45  service, or service with the American Red Cross  while  with  the  armed
    46  forces  of  the  United  States  on foreign service, or service with the
    47  special services section of the armed forces of  the  United  States  on
    48  foreign  service,  or service in the merchant marine which shall consist
    49  of service as an officer or member of the crew on or in connection  with
    50  a  vessel  documented  under  the  laws of the United States or a vessel
    51  owned by, chartered to, or operated by or for the account or use of  the
    52  government  of  the United States, or service by one who was employed by
    53  the War Shipping Administration or Office of Defense  Transportation  or
    54  their  agents as a merchant seaman documented by the United States Coast
    55  Guard or Department of Commerce, or as a civil servant employed  by  the
    56  United  States  Army Transport Service (later redesignated as the United
        A. 8914                             7

     1  States Army Transportation Corps, Water Division) or the Naval Transpor-
     2  tation Service; and who served satisfactorily as a  crew  member  during
     3  the  period of armed conflict, December seventh, nineteen hundred forty-
     4  one,  to  August fifteenth, nineteen hundred forty-five, aboard merchant
     5  vessels in oceangoing, i.e., foreign, intercoastal, or coastwise service
     6  as such terms are defined under federal law (46 USCA 10301 & 10501)  and
     7  further  to include "near foreign" voyages between the United States and
     8  Canada, Mexico, or the West Indies via ocean routes, or  public  vessels
     9  in  oceangoing  service or foreign waters and who has received a Certif-
    10  icate of Release or Discharge from Active Duty and a  discharge  certif-
    11  icate,  or an Honorable Service Certificate/Report of Casualty, from the
    12  Department of Defense,  or  who  served  as  a  United  States  civilian
    13  employed  by the American Field Service and served overseas under United
    14  States Armies and United States Army Groups in world war II  during  the
    15  period  of  armed conflict, December seventh, nineteen hundred forty-one
    16  through May  eighth,  nineteen  hundred  forty-five,  and  who  (i)  was
    17  discharged or released therefrom under honorable conditions, or (ii) has
    18  a  qualifying  condition,  as  defined  in  section one of the veterans'
    19  services law, and has received a discharge other  than  bad  conduct  or
    20  dishonorable  from  such service, or (iii) is a discharged LGBT veteran,
    21  as defined in section  one  of  the  veterans'  services  law,  and  has
    22  received  a  discharge  other than bad conduct or dishonorable from such
    23  service, or who served as a  United  States  civilian  Flight  Crew  and
    24  Aviation Ground Support Employee of Pan American World Airways or one of
    25  its  subsidiaries  or  its affiliates and served overseas as a result of
    26  Pan American's contract with Air Transport Command or Naval  Air  Trans-
    27  port  Service  during the period of armed conflict, December fourteenth,
    28  nineteen hundred forty-one through August fourteenth,  nineteen  hundred
    29  forty-five,  and  who  (iv)  was  discharged or released therefrom under
    30  honorable conditions, or (v) has a qualifying condition, as  defined  in
    31  section  one of the veterans' services law, and has received a discharge
    32  other than bad conduct or dishonorable from such service, or (vi)  is  a
    33  discharged  LGBT  veteran,  as  defined  in section one of the veterans'
    34  services law, and has received a discharge other  than  bad  conduct  or
    35  dishonorable  from  such service; or service in police duty on behalf of
    36  the United States government in a foreign country, if such person  is  a
    37  police  officer,  as  defined  by section 1.20 of the criminal procedure
    38  law, and if such police officer obtained the prior consent of his or her
    39  public employer to absent himself or herself from his or her position to
    40  engage in the performance of such service; or  as  an  enrollee  in  the
    41  United States maritime service on active duty and, to such extent as may
    42  be  prescribed  by  or  under  the laws of the United States, any period
    43  awaiting assignment to such service  and  any  period  of  education  or
    44  training  for such service in any school or institution under the juris-
    45  diction of the United States government, but shall not include temporary
    46  and intermittent gratuitous service in any reserve or  auxiliary  force.
    47  It shall include time spent in reporting for and returning from military
    48  duty and shall be deemed to commence when the public employee leaves his
    49  or  her  position  and to end when he or she is reinstated to his or her
    50  position, provided such reinstatement is within ninety  days  after  the
    51  termination  of  military  duty, as hereinafter defined. Notwithstanding
    52  the foregoing provisions of this paragraph,  the  term  "military  duty"
    53  shall not include any of the foregoing services entered upon voluntarily
    54  on  or after January first, nineteen hundred forty-seven and before June
    55  twenty-fifth, nineteen hundred fifty; and, on or after July first, nine-
    56  teen hundred seventy, the term "military duty"  shall  not  include  any
        A. 8914                             8

     1  voluntary  service in excess of four years performed after that date, or
     2  the total of any voluntary services, additional or otherwise, in  excess
     3  of four years performed after that date, shall not exceed five years, if
     4  the  service  in  excess  of  four  years  is at the request and for the
     5  convenience of the federal government, except if such voluntary  service
     6  is  performed  during a period of war, or national emergency declared by
     7  the president.
     8    § 7. This act shall take effect immediately on the first of April next
     9  succeeding the date on which it shall have become a law.