BILL NUMBER:  S4722

 TITLE OF BILL :  An act to amend the military law, in relation to the
service credit time of military personnel

 PURPOSE :  This bill would allow any person who is a member of any
public retirement system of the state, called up for active duty
military service during any period from September 11, 2001 to the
present time, to be awarded full pension credit, for all time so
employed on active duty, as if such person was employed full time in
their public employment, during the time of such active duty service,
regardless of whether such person receives any wages or salary income
from such public employment during such active duty service.

 SUMMARY OF SPECIFIC PROVISIONS: :  Specifically, this bill would
amend the military law, to provide that:

Notwithstanding any other provision of law to the contrary, any
person, who is a member of any public retirement system of the state,
called up for active duty service as a member of the:

a. Naval militia;
b. New York State Guard;
c. New York National Guard;
d. Reserves; or
e. United States Army, Navy, Marines, Air Force, or Coast Guard,
              

during any period from September 11, 2001 to the present time, shall
be awarded full pension credit, for all time so employed on active
duty, as if such person was employed full time in their public
employment, during the time of such active duty, service, regardless
of whether such person receives any wages or salary income from such
public employment during such active duty service.

 JUSTIFICATION: :  Presently, most military veterans, who are state or
local employees, receive service public pension credit time while are
on active duty.  A certain select few, however, mostly of officer
rank, do not.

As a result, these persons, not only suffer the time away from home
and family incumbent from their service on active duty, but are also
penalized by losing their time credit in the public pension system.

This bill would remedy this gap in the law, and thereby eliminate the
present disincentive of a state or local employee to serve as an
officer in the reserves, militia or guard.

It would expressly recognize their service to our country, and end the
present penalty system which the current law mistakenly imposes.

America and New York needs every person who is willing to serve to
protect our freedom, liberty and way of life. This bill would
recognize that commitment of those brave men and women who have
answered the call since September 11th.

 PRIOR LEGISLATIVE HISTORY: :  2008 - S3634 - Advanced to V Reading

 FISCAL IMPLICATIONS: :  This bill would have a negligible long term
effect on the various state public pension systems.

 EFFECTIVE DATE :  This act would take effect immediately.