[ ] is old law to be omitted.
LBD13155-03-0
S. 8280 2
agents as a merchant seaman documented by the United States Coast Guard
or Department of Commerce, or as a civil servant employed by the United
States Army Transport Service (later redesignated as the United States
Army Transportation Corps, Water Division) or the Naval Transportation
Service; and who served satisfactorily as a crew member during the peri-
od of armed conflict, December seventh, nineteen hundred forty-one, to
August fifteenth, nineteen hundred forty-five, aboard merchant vessels
in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
terms are defined under federal law (46 USCA 10301 & 10501) and further
to include "near foreign" voyages between the United States and Canada,
Mexico, or the West Indies via ocean routes, or public vessels in ocean-
going service or foreign waters and who has received a Certificate of
Release or Discharge from Active Duty and a discharge certificate, or an
Honorable Service Certificate/Report of Casualty, from the Department of
Defense, or service by one who served as a United States civilian
employed by the American Field Service and served overseas under United
States Armies and United States Army Groups in world war II during the
period of armed conflict, December seventh, nineteen hundred forty-one
through May eighth, nineteen hundred forty-five, and who (I) was
discharged or released therefrom under honorable conditions, OR (II) HAS
A QUALIFYING CONDITION, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE
EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR
DISHONORABLE FROM SUCH SERVICE, OR (III) IS A DISCHARGED LGBT VETERAN,
AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS
RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH
SERVICE, or service by one who served as a United States civilian Flight
Crew and Aviation Ground Support Employee of Pan American World Airways
or one of its subsidiaries or its affiliates and served overseas as a
result of Pan American's contract with Air Transport Command or Naval
Air Transport Service during the period of armed conflict, December
fourteenth, nineteen hundred forty-one through August fourteenth, nine-
teen hundred forty-five, and who (IV) was discharged or released there-
from under honorable conditions, OR (V) HAS A QUALIFYING CONDITION, AS
DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS
RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH
SERVICE, OR (VI) IS A DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION
THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE
OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, or of any
person who:
a. (I) Has been honorably discharged or released therefrom under
honorable circumstances, OR (II) HAS A QUALIFYING CONDITION, AS DEFINED
IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A
DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR
(III) IS A DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION THREE HUNDRED
FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD
CONDUCT OR DISHONORABLE FROM SUCH SERVICE, and
b. Was a resident of this state at the time of his entrance into such
armed forces, or, if not a resident of this state at that time, was then
or thereafter became an employee of a participating employer created by
and deriving its powers from an agreement between this state and any
other state and was a resident of such other state at the time of his
entrance into such armed forces, and
c. Was either a member of the retirement system and an employee of the
state or of a participating employer at the time he entered such armed
forces or became such employee and such member while in such armed forc-
es on or before July first, nineteen hundred forty-eight, or became such
S. 8280 3
employee while in such armed forces and subsequently became such member
on or before July first, nineteen hundred forty-eight, or was an employ-
ee of an employer which was not a participating employer at the time he
entered such armed forces but which elected to become a participating
employer while he was absent on military duty, or was an employee of the
state or of a participating employer or was a teacher as defined in
article eleven of the education law at the time of his entrance into the
armed forces and became a member of the retirement system subsequent to
separation or discharge from the armed services, and
d. Returned to the employment of the state or a participating employ-
er, within one year following discharge or release or completion of
advanced education provided under the servicemen's readjustment act of
nineteen hundred forty-four, certified on a world war II military
service certificate, and allowable as provided in section forty-one of
this article. Such service shall not include any periods during which
civil compensation was received by the member under the provisions of
section two hundred forty-two of the military law, or section six of
chapter six hundred eight of the laws of nineteen hundred fifty-two; or
(2) Military service, not in excess of three years and not otherwise
creditable under paragraph one hereof, rendered on active duty in the
armed forces of the United States during the period commencing July
first, nineteen hundred forty, and terminating December thirty-first,
nineteen hundred forty-six, or service by one who was employed by the
War Shipping Administration or Office of Defense Transportation or their
agents as a merchant seaman documented by the United States Coast Guard
or Department of Commerce, or as a civil servant employed by the United
States Army Transport Service (later redesignated as the United States
Army Transportation Corps, Water Division) or the Naval Transportation
Service; and who served satisfactorily as a crew member during the peri-
od of armed conflict, December seventh, nineteen hundred forty-one, to
August fifteenth, nineteen hundred forty-five, aboard merchant vessels
in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
terms are defined under federal law (46 USCA 10301 & 10501) and further
to include "near foreign" voyages between the United States and Canada,
Mexico, or the West Indies via ocean routes, or public vessels in ocean-
going service or foreign waters and who has received a Certificate of
Release or Discharge from Active Duty and a discharge certificate, or an
Honorable Service Certificate/Report of Casualty, from the Department of
Defense, or service by one who served as a United States civilian
employed by the American Field Service and served overseas under United
States Armies and United States Army Groups in world war II during the
period of armed conflict, December seventh, nineteen hundred forty-one
through May eighth, nineteen hundred forty-five, and who (I) was
discharged or released therefrom under honorable conditions, OR (II) HAS
A QUALIFYING CONDITION, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE
EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR
DISHONORABLE FROM SUCH SERVICE, OR (III) IS A DISCHARGED LGBT VETERAN,
AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS
RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH
SERVICE, or service by one who served as a United States civilian Flight
Crew and Aviation Ground Support Employee of Pan American World Airways
or one of its subsidiaries or its affiliates and served overseas as a
result of Pan American's contract with Air Transport Command or Naval
Air Transport Service during the period of armed conflict, December
fourteenth, nineteen hundred forty-one through August fourteenth, nine-
teen hundred forty-five, and who (IV) was discharged or released there-
S. 8280 4
from under honorable conditions, OR (V) HAS A QUALIFYING CONDITION, AS
DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS
RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH
SERVICE, OR (VI) IS A DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION
THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE
OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, by a person
who was a resident of New York state at the time of entry into such
service and at the time of being discharged therefrom (VII) under honor-
able circumstances, OR (VIII) WITH A QUALIFYING CONDITION, AS DEFINED IN
SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND RECEIVED A
DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR
(IX) AS A DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION THREE HUNDRED
FIFTY OF THE EXECUTIVE LAW, AND RECEIVED A DISCHARGE OTHER THAN BAD
CONDUCT OR DISHONORABLE FROM SUCH SERVICE, or, if not a resident of this
state at such times was then or thereafter became an employee of a
participating employer created by and deriving its powers from an agree-
ment between this state and any other state, and was a resident of such
other state at the time of entry into and discharge from such service,
and who makes the payments required by subdivision k of section forty-
one of this article.
However, no military service shall be creditable under this paragraph
two in the case of a member under an existing plan permitting retirement
upon twenty years of creditable service who is receiving a federal
pension (other than for disability) based upon a minimum of twenty years
of full time active military service in the armed forces of the United
States nor shall any military service be creditable in the case of a
member under any other plan who is receiving a military pension (other
than for disability) for military service in the armed forces of the
United States.
§ 4. Subparagraph (c) of paragraph 8 of subdivision a of section 80-a
of the retirement and social security law, as added by chapter 219 of
the laws of 1968, is amended to read as follows:
(c) In the case of a senator or assemblyman, service, not in excess of
three years and not otherwise creditable under subparagraph (b) of this
paragraph [eight], rendered on active duty in the armed forces of the
United States during the period commencing July first, nineteen hundred
forty, and terminating December thirty-first, nineteen hundred forty-
six, by a person who (I) was a resident of the state at the time of
entry into service and at the time of being discharged therefrom under
honorable circumstances, OR (II) HAS A QUALIFYING CONDITION, AS DEFINED
IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND WAS A RESIDENT
OF THE STATE AT THE TIME OF ENTRY INTO SERVICE AND AT THE TIME OF
RECEIVING A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH
SERVICE, OR (III) IS A DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION
THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND WAS A RESIDENT OF THE
STATE AT THE TIME OF ENTRY INTO SERVICE AND AT THE TIME OF RECEIVING A
DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE.
§ 5. Subdivision (i) of section 89-a of the retirement and social
security law, as added by chapter 996 of the laws of 1966 and such
section as renumbered by chapter 1059 of the laws of 1968, is amended to
read as follows:
(i) In computing the twenty-five years of total service of a member
pursuant to this section full credit shall be given and full allowance
shall be made for service of such member in time of war after world war
I as defined in section two of this chapter, provided such member at the
time of his entrance into the military service of the United States was
S. 8280 5
then a resident of this state and in the service of a sheriffs depart-
ment and (1) had been honorably discharged or released under honorable
circumstances from such military service, OR (2) HAS A QUALIFYING CONDI-
TION, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW,
AND RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM
SUCH SERVICE, OR (3) IS A DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION
THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND RECEIVED A DISCHARGE OTHER
THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, and SUCH MEMBER
returned to the service of a sheriffs department within the time limited
by section two of this chapter.
§ 6. Paragraph a of subdivision 29 of section 302 of the retirement
and social security law, as added by chapter 1000 of the laws of 1966,
is amended to read as follows:
a. (1) Has been honorably discharged or released therefrom under
honorable circumstances, OR (2) HAS A QUALIFYING CONDITION, AS DEFINED
IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A
DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR
(3) IS A DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION THREE HUNDRED
FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD
CONDUCT OR DISHONORABLE FROM SUCH SERVICE, and
§ 7. Paragraph d of subdivision 29-a of section 302 of the retirement
and social security law, as added by chapter 1000 of the laws of 1966,
is amended to read as follows:
d. Credit under this section shall not accrue to a person who is
released from active duty under conditions other than honorable, UNLESS
SUCH PERSON HAS A QUALIFYING CONDITION, AS DEFINED IN SECTION THREE
HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER
THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR IS A DISCHARGED
LGBT VETERAN, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE
LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE
FROM SUCH SERVICE.
§ 8. Subdivision 31 of section 302 of the retirement and social secu-
rity law, as amended by chapter 616 of the laws of 1995, subparagraph c
of paragraph 1 as amended by chapter 476 of the laws of 2018, is amended
to read as follows:
31. "Service in world war II." (1) Military service during the period
commencing July first, nineteen hundred forty, and terminating December
thirty-first, nineteen hundred forty-six, as a member of the armed forc-
es of the United States, or service by one who was employed by the War
Shipping Administration or Office of Defense Transportation or their
agents as a merchant seaman documented by the United States Coast Guard
or Department of Commerce, or as a civil servant employed by the United
States Army Transport Service (later redesignated as the United States
Army Transportation Corps, Water Division) or the Naval Transportation
Service; and who served satisfactorily as a crew member during the peri-
od of armed conflict, December seventh, nineteen hundred forty-one, to
August fifteenth, nineteen hundred forty-five, aboard merchant vessels
in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
terms are defined under federal law (46 USCA 10301 & 10501) and further
to include "near foreign" voyages between the United States and Canada,
Mexico, or the West Indies via ocean routes, or public vessels in ocean-
going service or foreign waters and who has received a Certificate of
Release or Discharge from Active Duty and a discharge certificate, or an
Honorable Service Certificate/Report of Casualty, from the Department of
Defense, or service by one who served as a United States civilian
employed by the American Field Service and served overseas under United
S. 8280 6
States Armies and United States Army Groups in world war II during the
period of armed conflict, December seventh, nineteen hundred forty-one
through May eighth, nineteen hundred forty-five, and who (I) was
discharged or released therefrom under honorable conditions, OR (II) HAS
A QUALIFYING CONDITION, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE
EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR
DISHONORABLE FROM SUCH SERVICE, OR (III) IS A DISCHARGED LGBT VETERAN,
AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS
RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH
SERVICE, or service by one who served as a United States civilian Flight
Crew and Aviation Ground Support Employee of Pan American World Airways
or one of its subsidiaries or its affiliates and served overseas as a
result of Pan American's contract with Air Transport Command or Naval
Air Transport Service during the period of armed conflict, December
fourteenth, nineteen hundred forty-one through August fourteenth, nine-
teen hundred forty-five, and who (IV) was discharged or released there-
from under honorable conditions, OR (V) HAS A QUALIFYING CONDITION, AS
DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS
RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH
SERVICE, OR (VI) IS A DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION
THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE
OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, or of any
person who:
a. (I) Has been honorably discharged or released therefrom under
honorable circumstances, OR (II) HAS A QUALIFYING CONDITION, AS DEFINED
IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A
DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR
(III) IS A DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION THREE HUNDRED
FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD
CONDUCT OR DISHONORABLE FROM SUCH SERVICE, and
b. Was a resident of this state at the time of his entrance into such
armed forces, or, if not a resident of this state at that time, was then
or thereafter became an employee of a participating employer created by
and deriving its powers from an agreement between this state and any
other state and was a resident of such other state at the time of his
entrance into such armed forces, and
c. Was either a member of the New York state and local employees'
retirement system and an employee of the state or of a participating
employer of such system at the time he or she entered such armed forces
or became such employee and such member while in such armed forces on or
before July first, nineteen hundred forty-eight, or became such employee
while in such armed forces and subsequently became such member on or
before July first, nineteen hundred forty-eight, or was an employee of
an employer which was not a participating employer at the time he or she
entered such armed forces but which elected to become a participating
employer while he or she was absent on military duty, or was an employee
of the state or of a participating employer or was a teacher as defined
in article eleven of the education law at the time of his or her
entrance into the armed forces and became a member of the police and
fire retirement system subsequent to separation or discharge from the
armed services, and
d. Returned to the employment of the state or a participating employ-
er, within one year following discharge or release or completion of
advanced education provided under the servicemen's readjustment act of
nineteen hundred forty-four, certified on a world war II military
service certificate, and allowable as provided in section forty-one of
S. 8280 7
this article. Such service shall not include any periods during which
civil compensation was received by the member under the provisions of
section two hundred forty-two of the military law, or section six of
chapter six hundred eight of the laws of nineteen hundred fifty-two; or
(2) Military service, not in excess of three years and not otherwise
creditable under paragraph one hereof, rendered on active duty in the
armed forces of the United States during the period commencing July
first, nineteen hundred forty, and terminating December thirty-first,
nineteen hundred forty-six, or service by one who was employed by the
War Shipping Administration or Office of Defense Transportation or their
agents as a merchant seaman documented by the United States Coast Guard
or Department of Commerce, or as a civil servant employed by the United
States Army Transport Service (later redesignated as the United States
Army Transportation Corps, Water Division) or the Naval Transportation
Service; and who served satisfactorily as a crew member during the peri-
od of armed conflict, December seventh, nineteen hundred forty-one, to
August fifteenth, nineteen hundred forty-five, aboard merchant vessels
in oceangoing, i.e., foreign, intercoastal, or coastwise service as such
terms are defined under federal law (46 USCA 10301 & 10501) and further
to include "near foreign" voyages between the United States and Canada,
Mexico, or the West Indies via ocean routes, or public vessels in ocean-
going service or foreign waters and who has received a Certificate of
Release or Discharge from Active Duty and a discharge certificate, or an
Honorable Service Certificate/Report of Casualty, from the Department of
Defense, or service by one who served as a United States civilian
employed by the American Field Service and served overseas under United
States Armies and United States Army Groups in world war II during the
period of armed conflict, December seventh, nineteen hundred forty-one
through May eighth, nineteen hundred forty-five, and who (I) was
discharged or released therefrom under honorable conditions, OR (II) HAS
A QUALIFYING CONDITION, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE
EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR
DISHONORABLE FROM SUCH SERVICE, OR (III) IS A DISCHARGED LGBT VETERAN,
AS DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS
RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH
SERVICE, or service by one who served as a United States civilian Flight
Crew and Aviation Ground Support Employee of Pan American World Airways
or one of its subsidiaries or its affiliates and served overseas as a
result of Pan American's contract with Air Transport Command or Naval
Air Transport Service during the period of armed conflict, December
fourteenth, nineteen hundred forty-one through August fourteenth, nine-
teen hundred forty-five, and who (IV) was discharged or released there-
from under honorable conditions, OR (V) HAS A QUALIFYING CONDITION, AS
DEFINED IN SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS
RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH
SERVICE, OR (VI) IS A DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION
THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE
OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, or by a person
who was a resident of New York state at the time of entry into such
service and at the time of being discharged therefrom (VII) under honor-
able circumstances, OR (VIII) WITH A QUALIFYING CONDITION, AS DEFINED IN
SECTION THREE HUNDRED FIFTY OF THE EXECUTIVE LAW, AND RECEIVED A
DISCHARGE OTHER THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR
(IX) AS A DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION THREE HUNDRED
FIFTY OF THE EXECUTIVE LAW, AND RECEIVED A DISCHARGE OTHER THAN BAD
CONDUCT OR DISHONORABLE FROM SUCH SERVICE, or, if not a resident of this
S. 8280 8
state at such times was then or thereafter became an employee of a
participating employer created by and deriving its powers from an agree-
ment between this state and any other state, and was a resident of such
other state at the time of entry into and discharge from such service,
and who makes the payments required by subdivision k of section three
hundred forty-one of this chapter.
However, no military service shall be creditable under this paragraph
two in the case of a member under an existing plan permitting retirement
upon twenty years of creditable service who is receiving a federal
pension (other than for disability) based upon a minimum of twenty years
of military service in the armed forces of the United States nor shall
such military service be creditable in the case of a member under any
other plan who is receiving a military pension (other than for disabili-
ty) for such service.
§ 9. Subdivision 1 of section 1000 of the retirement and social secu-
rity law, as amended by chapter 41 of the laws of 2016, is amended to
read as follows:
1. A member, upon application to such retirement system, may obtain a
total not to exceed three years of service credit for up to three years
of military duty, as defined in section two hundred forty-three of the
military law, if the member (A) was honorably discharged from the mili-
tary, OR (B) HAS A QUALIFYING CONDITION, AS DEFINED IN SECTION THREE
HUNDRED FIFTY OF THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER
THAN BAD CONDUCT OR DISHONORABLE FROM SUCH SERVICE, OR (C) IS A
DISCHARGED LGBT VETERAN, AS DEFINED IN SECTION THREE HUNDRED FIFTY OF
THE EXECUTIVE LAW, AND HAS RECEIVED A DISCHARGE OTHER THAN BAD CONDUCT
OR DISHONORABLE FROM SUCH SERVICE.
§ 10. This act shall take effect one year after it shall have become a
law. Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized to be made and completed on or before such
effective date.
FISCAL NOTE.--
This bill would extend the benefits of Section 1000 of Retirement and
Social Security Law to any member of a public retirement system in New
York State who has a qualifying condition or is a discharged LGBT veter-
an as defined section 350 of the Executive Law. The total service credit
granted for any military service shall not exceed three years. Members
must have at least five years of credited service (not including mili-
tary 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 15% (12% 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 19% (16% 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.
S. 8280 9
ERS costs would be borne entirely by the State of New York. Since a
member can apply for this service credit at any time prior to retire-
ment, 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 would be shared by the State of New York and the partic-
ipating employers in the PFRS.
Summary of relevant resources:
The membership data used in measuring the impact of the proposed
change was the same as that used in the March 31, 2019 actuarial valu-
ation. Distributions and other statistics can be found in the 2019
Report of the Actuary and the 2019 Comprehensive Annual Financial
Report.
The actuarial assumptions and methods used are described in the 2015,
2016, 2017, 2018 and 2019 Annual Report to the Comptroller on Actuarial
Assumptions, and the Codes, Rules and Regulations of the State of New
York: Audit and Control.
The Market Assets and GASB Disclosures are found in the March 31, 2019
New York State and Local Retirement System Financial Statements and
Supplementary Information.
I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
This fiscal note does not constitute a legal opinion on the viability
of the proposed change nor is it intended to serve as a substitute for
the professional judgment of an attorney.
This estimate, dated January 22, 2020, and intended for use only
during the 2020 Legislative Session, is Fiscal Note No. 2020-27,
prepared by the Actuary for the New York State and Local Retirement
System.