S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4639

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 16, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- 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 military law, in relation to enacting the "New  York
  city health and hospitals corporation military pay act"

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "New York city health and hospitals corporation military pay act".
  S  2.  Subdivision 5-a of section 242 of the military law, as added by
chapter 238 of the laws of 2008, subparagraph (ii) of paragraph (b)  and
the  opening paragraph of paragraph (e) as amended by chapter 240 of the
laws of 2008, is amended to read as follows:
  5-a. Pay for employees of a city with a population of one  million  or
more. This subdivision shall govern the calculation of compensation and,
where applicable, repayment of same by public officers or employees of a
city  with  a  population of one million or more OR WHO ARE EMPLOYEES OF
THE NEW YORK CITY HEALTH AND HOSPITALS CORPORATION who  are  engaged  in
the performance of ordered military duty, including time spent traveling
to  and  returning from such duty. In any conflict between this subdivi-
sion and any other provision of law with respect to such public  servant
soldiers, this subdivision shall be controlling.
  (a) Definitions. As used in this subdivision:
  (i)  "Base pay of city salary" means the base pay received by a public
officer or employee from employment by a city. For public  officers  and
employees  who, prior to the effective date of this subdivision, elected
to participate in a "full pay/repayment plan",  have  returned  to  city
employment  from  ordered military duty as of the effective date of this
subdivision and are, on the effective date of this  subdivision,  public
officers  or  employees, the base pay of city salary shall be calculated
by the implementing agency as the salary received by the public  servant

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04335-01-3
              

S. 4639                             2

soldier  as  of  the  effective  date of this subdivision or the date of
return to city service, whichever is later.
  For  public officers and employees who, prior to the effective date of
this subdivision, elected to participate in a "full pay/repayment  plan"
and  who  return to city employment from ordered military duty after the
effective date of this subdivision, the base pay of city salary shall be
calculated on the date of return to city employment.
  For public officers and employees who, prior to the effective date  of
this  subdivision, elected to participate in a "full pay/repayment plan"
and who have, by the effective date of this subdivision,  already  sepa-
rated  from  city  employment  in a manner other than by retirement, and
except where the implementing agency shall determine  the  existence  of
hardship,  the base pay of city salary shall be calculated as the salary
received by the public servant soldier as of the date of separation from
city service.
  For public officers and employees who, prior to the effective date  of
this  subdivision, elected to participate in a "full pay/repayment plan"
and who separate from city employment in a manner other than  retirement
after  the  effective  date  of  this  subdivision, and except where the
implementing agency shall determine the existence of hardship, the  base
pay  of  city  salary  shall be calculated as the salary received by the
public servant soldier as of the date of return to city service.
  (ii) "Balloon payment" means the payment required for  full  satisfac-
tion  of  any remaining outstanding repayment obligation after ten years
from the date of return from ordered military duty pursuant to paragraph
(e) of this subdivision.
  (iii) "City" means a city with a population of one million or more.
  (iv) "City salary" means the gross salary received by a public officer
or employee from employment by a  city,  before  taxes,  deductions,  or
court-ordered payments, required or voluntary; but excluding payments by
a city as employer for health, pension, and other benefits.
  (v)  "Covered operation" means those military operations designated by
the federal government of the United States, in  support  of  "Operation
Enduring  Freedom",  "Operation Iraqi Freedom", "Operation Noble Eagle",
or successors thereto, or operations specifically connected  by  federal
designation,  action  or  implication with homeland security. The imple-
menting agency may make such additional designations on  a  case-by-case
basis  as  it  shall  deem, in its discretion, to be in keeping with the
spirit and intent of this subdivision.
  (vi) "Differential pay" means the pay  calculated  as  the  difference
between  a  public  servant  soldier's  military salary and city salary,
where the military salary is less than the city salary.
  (vii) "Full pay/repayment plan" means a salary and  benefits  plan  in
effect in a city prior to the effective date of this subdivision whereby
a  public  servant soldier elected to receive city salary while on mili-
tary duty, but is required to repay the lesser of such  city  salary  or
military salary to a city upon return from military duty.
  (viii)  "Implementing agency" means an agency of a city, as designated
by the mayor of such city in writing, that is  authorized  to  implement
the provisions of this subdivision.
  (ix)  "Military  salary" means the gross salary paid by the government
of the United States to a public servant soldier  for  ordered  military
duty in the armed forces of the United States in a covered operation, as
further  defined by the implementing agency, provided that such military
pay shall be calculated without  regard  to  such  extra  or  additional

S. 4639                             3

stipends  as  hazard  pay,  housing or food allowances, or other similar
additions.
  (x)  "Public  officer"  or  "employee"  means  a  public officer or an
employee of a city OR AN EMPLOYEE OF THE NEW YORK CITY HEALTH AND HOSPI-
TALS CORPORATION.
  (xi) "Public servant soldier" means a public officer [or], employee of
a city OR AN EMPLOYEE OF THE NEW YORK CITY HEALTH AND  HOSPITALS  CORPO-
RATION  performing  ordered  military  duty in connection with a covered
operation.
  (b) The mayor of a city shall designate an agency of such city  to  be
the implementing agency that will administer and implement this subdivi-
sion.  The implementing agency is hereby authorized to and shall:
  (i)  provide for the continuation of health insurance benefits, to the
public servant soldier and to such public servant soldier's  family,  if
the  family had been included in such coverage prior to the public serv-
ant soldier beginning ordered military duty, under the  same  terms  and
conditions  as  applied  to such public servant soldier prior to leaving
city employment for ordered military duty; and
  (ii) provide for hardship under certain conditions determined  by  the
implementing  agency  for public servant soldiers who elected to partic-
ipate in a "full pay/repayment plan". Such conditions shall include, but
shall not be limited to, any material unforeseen or  compelling  changes
in  circumstances  affecting a public servant soldier's ability to repay
that occurred since such public servant soldier elected  to  participate
in  the "full pay/repayment plan," including but not limited to injuries
sustained while on ordered military duty,  or  a  determination  by  the
implementing  agency that the public servant soldier is or will be expe-
riencing severe economic hardship due  to  a  change  in  circumstances.
Relief  may include an extension of the repayment term or a reduction in
the percentage of salary dedicated to repayment, or  a  modification  to
the  requirement  for a balloon payment. Such determinations of economic
hardship may be made on a case-by-case basis, and the implementing agen-
cy may require the provision of such information by the  public  servant
soldier as it deems necessary to make such determination.
  (c)  Subdivision five of this section or any other law to the contrary
notwithstanding, until August first, two thousand ten, unless the  mayor
of a city, in his or her discretion, extends such date, a public officer
or employee shall be paid city salary as such public officer or employee
for  any  and all periods of absence while engaged in the performance of
ordered military duty, and while going to and returning from such  duty,
not  exceeding  thirty  working  days  in  any one calendar year and not
exceeding thirty working days in  any  one  continuous  period  of  such
absence.
  (d)  Subdivision five of this section or any other law to the contrary
notwithstanding, until August first, two thousand ten, unless the  mayor
of a city, in his or her discretion, extends such date, a public servant
soldier  shall, after having received the city salary to which he or she
is entitled pursuant to paragraph  (c)  of  this  subdivision,  be  paid
differential pay thereafter on his or her regularly scheduled pay period
for the duration of such ordered military duty, if such ordered military
duty  is  in  connection with a covered operation. No repayment shall be
required to the city for such differential  pay  received  by  a  public
servant  soldier,  provided that this prohibition on repayment shall not
apply in the case of a material error in calculation that results in  an
unwarranted  increase  to  the  public servant soldier. Repayment of any

S. 4639                             4

such overage shall be governed by the terms of  paragraph  (e)  of  this
subdivision.
  (e)  A  public officer or employee who, prior to the effective date of
this subdivision, elected to participate in a "full pay/repayment  plan"
and,  in  having  done  so,  incurred a repayment obligation, shall make
repayments in accordance with terms adopted by the implementing  agency,
except that, with respect to such repayment obligations, such officer or
employee shall have satisfied the obligation to repay when he or she has
repaid  eighty-five  percent  of  the  amount of city salary or military
salary, whichever is less, less other such discounts implemented by  the
implementing  agency  as  of  the effective date of this subdivision and
such incentives as may be implemented  by  the  implementing  agency  to
encourage payment, and no such term shall:
  (i) require a public officer or employee, while employed by such city,
to  pay in any pay period more than seven and one-half percent of his or
her base pay of city salary toward satisfying his or her repayment obli-
gation, except that a term may provide  for  full  satisfaction  of  any
remaining outstanding repayment obligation after ten years from the date
of return from ordered military duty; or
  (ii)  require  a  retired  public  officer  or employee to pay, in any
month, an amount more than seven and one-half  percent  of  his  or  her
monthly  pension payment, except that a term may provide for full satis-
faction of any remaining  outstanding  repayment  obligation  after  ten
years from the date of return from ordered military duty; or
  (iii)  require  a public officer or employee separated from employment
by such city in a manner other than by retirement, to pay, in any  year,
an  amount  more than seven and one-half percent of the base pay of city
salary, except that a term may provide  for  full  satisfaction  of  any
remaining outstanding repayment obligation after ten years from the date
of return from ordered military duty.
  (f)  Notwithstanding  paragraph  (e) of this subdivision, a city shall
not require the satisfaction of any repayment obligation  in  the  event
that  a  public  servant soldier is killed in the performance of ordered
military duty.
  S 3. This act shall take effect immediately.