Bill Text: NY S05139 | 2013-2014 | General Assembly | Introduced
Bill Title: Grants up to 3 years service credit in the public retirement systems of the state for military service in hostilities from October 7, 2001 until the end of hostilities in Afghanistan.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2014-01-08 - REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS [S05139 Detail]
Download: New_York-2013-S05139-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5139 2013-2014 Regular Sessions I N S E N A T E May 10, 2013 ___________ Introduced by Sen. LITTLE -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Homeland Securi- ty and Military Affairs AN ACT to amend the retirement and social security law, in relation to providing service credit to members of public retirement systems of the state for certain military service in hostilities in Afghanistan THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Paragraphs (c) and (d) of subdivision 2 of section 1000 of 2 the retirement and social security law, as added by chapter 548 of the 3 laws of 2000, are amended and a new paragraph (e) is added to read as 4 follows: 5 (c) hostilities participated in by the military forces of the United 6 States in Panama, from the twentieth day of December, nineteen hundred 7 eighty-nine to the thirty-first day of January, nineteen hundred ninety, 8 as established by receipt of the armed forces expeditionary medal, the 9 navy expeditionary medal, or the marine corps expeditionary medal; [or] 10 (d) hostilities participated in by the military forces of the United 11 States, from the second day of August, nineteen hundred ninety, to the 12 end of such hostilities in case of a veteran who served in the theater 13 of operations including Iraq, Kuwait, Saudi Arabia, Bahrain, Qatar, the 14 United Arab Emirates, Oman, the Gulf of Aden, the Gulf of Oman, the 15 Persian Gulf, the Red Sea, and the airspace above these locations[.]; OR 16 (E) HOSTILITIES PARTICIPATED IN BY THE MILITARY FORCES OF THE UNITED 17 STATES IN AFGHANISTAN, FROM THE SEVENTH DAY OF OCTOBER, TWO THOUSAND 18 ONE, TO THE END OF SUCH HOSTILITIES, AS ESTABLISHED BY RECEIPT OF THE 19 ARMED FORCES EXPEDITIONARY MEDAL, THE NAVY EXPEDITIONARY MEDAL OR THE 20 MARINE CORPS EXPEDITIONARY MEDAL. 21 S 2. This act shall take effect immediately. FISCAL NOTE.--This bill would extend the benefits of Chapter 548, Laws of 2000 to members of public retirement systems in New York State who EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10735-03-3 S. 5139 2 rendered military service in Afghanistan from 10/7/2001 to the end of hostilities and were assigned to the theater of operations. The total service credit granted for any military service shall not exceed three (3) years. Members must have at least five years of credited service (not including military service). Tier 1-5 members would be required to make a payment of three percent of their most recent compensation per year of additional service credit granted by this bill. Tier 6 members would be required to make a payment of six percent of their most recent compensation per year of additional service credit. If this bill is enacted, insofar as this proposal affects the New York State and Local Employees' Retirement System (ERS), it is estimated that the past service cost will average approximately 12% (9% for Tier 6) of an affected members' compensation for each year of additional service credit that is purchased. Insofar as this proposal affects the New York State and Local Police and Fire Retirement System (PFRS), it is estimated that the past service cost will average approximately 17% (14% for Tier 6) of an affected members' compensation for each year of additional service that is purchased. The exact number of current members as well as future members who could be affected by this legislation cannot be readily determined. ERS Costs: Pursuant to Section 25 of the Retirement and Social Securi- ty Law, the increased cost to the New York State and Local Employees' Retirement System would be borne entirely by the State of New York and would require an itemized appropriation sufficient to pay the cost of the provision. Since a member can apply for this service credit at any time prior to retirement, a precise cost can't be determined until each member, as well as future members, applies for the service credit. Every year a cost will be determined (and billed to the state) based on those benefiting from this provision. PFRS Costs: These costs would be shared by the State of New York and the participating employers in the PFRS. Summary of relevant resources: Data: March 31, 2012 Actuarial Year End File with distributions of membership and other statistics displayed in the 2012 Report of the Actuary and 2012 Comprehensive Annual Financial Report. Assumptions and Methods: 2010, 2011 and 2012 Annual Report to the Comptroller on Actuarial Assumptions, Codes Rules and Regulations of the State of New York: Audit and Control. Market Assets and GASB Disclosures: March 31, 2012 New York State and Local Retirement System Financial Statements and Supplementary Informa- tion. Valuations of Benefit Liabilities and Actuarial Assets: summarized in the 2012 Actuarial Valuations report. I am a member of the American Academy of Actuaries and meet the Quali- fication Standards to render the actuarial opinion contained herein. This estimate, dated May 9, 2013 and intended for use only during the 2013 Legislative Session, is Fiscal Note No. 2013-147, prepared by the Actuary for the New York State and Local Employees' Retirement System and the New York State and Local Police and Fire Retirement System.