S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6834
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 8, 2023
                                ___________
 
 Introduced  by  M.  of  A.  JEAN-PIERRE -- read once and referred to the
   Committee on Corporations, Authorities and Commissions
 
 AN ACT to amend chapter 154 of the laws of 1921, relating  to  the  Port
   Authority  of  New  York and New Jersey, in relation to military leave
   for all represented and non-represented persons employed by  the  Port
   Authority of New York and New Jersey
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1 of chapter 154 of the laws of 1921,  relating  to
 the  Port  Authority  of New York and New Jersey, is amended by adding a
 new article IV-A to read as follows:
 
                               ARTICLE IV-A
 
   1. DEFINITIONS. (A) PORT AUTHORITY OF NEW YORK AND NEW JERSEY  EMPLOY-
 EE.  THE  TERM  "PORT AUTHORITY OF NEW YORK AND NEW JERSEY EMPLOYEE", AS
 USED IN THIS ACT, SHALL  INCLUDE  EVERY  PERSON,  BY  WHATSOEVER  TITLE,
 DESCRIPTION  OR  DESIGNATION  KNOWN,  WHO  RECEIVES  ANY  PAY, SALARY OR
 COMPENSATION OF ANY KIND FROM THE PORT AUTHORITY OF  NEW  YORK  AND  NEW
 JERSEY, WHETHER REPRESENTED BY A LABOR ORGANIZATION OR NOT.
   (B)  ORDERED  MILITARY DUTY. THE TERM "ORDERED MILITARY DUTY", AS USED
 IN THIS SECTION, SHALL MEAN:  ANY MILITARY DUTY PERFORMED IN THE SERVICE
 OF THE STATE OR OF THE UNITED  STATES,  INCLUDING  BUT  NOT  LIMITED  TO
 ATTENDANCE AT ANY SERVICE SCHOOL OR SCHOOLS CONDUCTED BY THE ARMED FORC-
 ES  OF THE UNITED STATES, BY A PORT AUTHORITY OF NEW YORK AND NEW JERSEY
 EMPLOYEE AS A MEMBER OF ANY FORCE OF THE ORGANIZED  MILITIA  OR  OF  ANY
 RESERVE  FORCE  OR  RESERVE  COMPONENT OF THE ARMED FORCES OF THE UNITED
 STATES, PURSUANT TO ORDERS ISSUED BY COMPETENT STATE OR FEDERAL AUTHORI-
 TY, WITH OR WITHOUT THE CONSENT OF SUCH PORT AUTHORITY OF NEW  YORK  AND
 NEW  JERSEY  EMPLOYEE. PARTICIPATION IN ROUTINE RESERVE OFFICER TRAINING
 CORPS TRAINING IS  NOT  CONSIDERED  TO  BE  MILITARY  DUTY  EXCEPT  WHEN
 PERFORMING  ADVANCED TRAINING DUTY AS A MEMBER OF A RESERVE COMPONENT OF
 THE ARMED FORCES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD10909-01-3
 A. 6834                             2
 
   2. LEAVE OF ABSENCE WHILE ENGAGED IN PERFORMANCE OF  ORDERED  MILITARY
 DUTY.  EVERY PORT AUTHORITY OF NEW YORK AND NEW JERSEY EMPLOYEE SHALL BE
 ENTITLED TO ABSENT HIMSELF OR HERSELF AND SHALL  BE  DEEMED  TO  HAVE  A
 LEAVE  OF ABSENCE FROM HIS OR HER DUTIES OR SERVICE AS SUCH PUBLIC OFFI-
 CER  OR  EMPLOYEE  WHILE  ENGAGED IN THE PERFORMANCE OF ORDERED MILITARY
 DUTY AND WHILE GOING TO AND RETURNING FROM SUCH DUTY.
   3. LEAVE OF  ABSENCE  WHILE  ATTENDING  SERVICE  SCHOOLS.  EVERY  PORT
 AUTHORITY OF NEW YORK AND NEW JERSEY EMPLOYEE WHO IS OR BECOMES A VOLUN-
 TARY  MEMBER  OF  ANY  FORCE  OF THE ORGANIZED MILITIA OR OF ANY RESERVE
 FORCE OR RESERVE COMPONENT OF THE ARMED  FORCES  OF  THE  UNITED  STATES
 SHALL  BE  ENTITLED  TO ABSENT HIMSELF OR HERSELF AND SHALL BE DEEMED TO
 HAVE A LEAVE OF ABSENCE FROM HIS OR HER DUTIES OR SERVICE AS  SUCH  PORT
 AUTHORITY  OF NEW YORK AND NEW JERSEY EMPLOYEE WHILE IN ATTENDANCE, AS A
 MEMBER OF SUCH FORCE OR RESERVE COMPONENTS, AT  ANY  SERVICE  SCHOOL  OR
 SCHOOLS  CONDUCTED  BY  THE ARMED FORCES OF THE UNITED STATES, AND WHILE
 GOING TO AND RETURNING FROM SUCH SCHOOL OR SCHOOLS, NOTWITHSTANDING THAT
 ORDERS FOR SUCH ATTENDANCE ARE OR MAY BE ISSUED WITH THE CONSENT OF SUCH
 PUBLIC OFFICER OR EMPLOYEE.
   3-A. LEAVE OF ABSENCE WHILE  PERFORMING  FULL-TIME  TRAINING  DUTY  OR
 ACTIVE DUTY FOR TRAINING WITH OR IN AN ARMED FORCE OF THE UNITED STATES.
 EVERY  PORT  AUTHORITY  OF  NEW  YORK  AND NEW JERSEY EMPLOYEE WHO IS OR
 BECOMES A MEMBER OF ANY FORCE OF THE ORGANIZED MILITIA OR OF ANY RESERVE
 FORCE OR RESERVE COMPONENT OF THE ARMED  FORCES  OF  THE  UNITED  STATES
 SHALL  BE  ENTITLED  TO ABSENT HIMSELF OR HERSELF AND SHALL BE DEEMED TO
 HAVE A LEAVE OF ABSENCE FROM HIS OR HER DUTIES OR SERVICE AS SUCH PUBLIC
 OFFICER OR EMPLOYEE WHILE PERFORMING, AS  A  MEMBER  OF  SUCH  FORCE  OR
 RESERVE  COMPONENT,  INITIAL  FULL-TIME  TRAINING DUTY OR INITIAL ACTIVE
 DUTY FOR TRAINING WITH OR IN AN ARMED FORCE OF THE UNITED  STATES  UNDER
 THE PROVISIONS OF THIS CHAPTER OR THE LAWS OF THE UNITED STATES OR BOTH,
 AND  WHILE  GOING  TO AND RETURNING FROM SUCH FULL-TIME TRAINING DUTY OR
 ACTIVE DUTY FOR TRAINING, NOTWITHSTANDING THAT ORDERS FOR SUCH DUTY  ARE
 OR MAY BE ISSUED WITH THE CONSENT OF SUCH PUBLIC OFFICER OR EMPLOYEE.
   4.  EMPLOYMENT  RIGHTS. TIME DURING WHICH A PORT AUTHORITY OF NEW YORK
 AND NEW JERSEY EMPLOYEE IS ABSENT PURSUANT TO THE PROVISIONS OF SUBDIVI-
 SIONS TWO, THREE AND THREE-A OF THIS ARTICLE  SHALL  NOT  CONSTITUTE  AN
 INTERRUPTION   OF   CONTINUOUS   EMPLOYMENT   AND,  NOTWITHSTANDING  THE
 PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW OR THE PROVISIONS OF ANY
 CITY CHARTER, NO SUCH EMPLOYEE SHALL BE SUBJECTED, DIRECTLY OR INDIRECT-
 LY, TO ANY LOSS OR DIMINUTION OF TIME SERVICE,  INCREMENT,  VACATION  OR
 HOLIDAY  PRIVILEGES,  OR ANY OTHER RIGHT OR PRIVILEGE, BY REASON OF SUCH
 ABSENCE, OR BE PREJUDICED, BY REASON OF SUCH ABSENCE, WITH REFERENCE  TO
 CONTINUANCE IN OFFICE OR EMPLOYMENT, REAPPOINTMENT TO OFFICE, RE-EMPLOY-
 MENT, REINSTATEMENT, TRANSFER OR PROMOTION.
   5. PAY FOR MILITARY DUTY. (A) EVERY PORT AUTHORITY OF NEW YORK AND NEW
 JERSEY EMPLOYEE SHALL BE PAID THEIR SALARY OR OTHER COMPENSATION AS SUCH
 PORT  AUTHORITY  OF    NEW  YORK AND NEW JERSEY 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 A
 TOTAL OF THIRTY DAYS OR TWENTY-TWO WORKING DAYS, WHICHEVER  IS  GREATER,
 IN  ANY  ONE  CALENDAR  YEAR AND NOT EXCEEDING THIRTY DAYS OR TWENTY-TWO
 WORKING DAYS, WHICHEVER IS GREATER, IN ANY ONE CONTINUOUS PERIOD OF SUCH
 ABSENCE.
   (B) EVERY PORT AUTHORITY OF NEW YORK AND NEW JERSEY   EMPLOYEE OF  THE
 PORT AUTHORITY OF NEW YORK AND NEW JERSEY WHO SERVED IN A COMBAT THEATER
 OR  COMBAT  ZONE  OF  OPERATIONS  AS  DOCUMENTED BY A COPY OF HIS OR HER
 DD214, CERTIFICATE OF RELEASE OR DISCHARGE FROM ACTIVE  DUTY,  OR  OTHER
 A. 6834                             3
 
 APPLICABLE DEPARTMENT OF DEFENSE DOCUMENTATION, SHALL BE PAID HIS OR HER
 SALARY OR OTHER COMPENSATION AS SUCH PORT AUTHORITY OF  NEW YORK AND NEW
 JERSEY  EMPLOYEE  FOR ANY AND ALL PERIODS OF ABSENCE WHILE UTILIZING ANY
 HEALTH  CARE  RELATED  SERVICES RELATED TO SUCH DUTY, NOT EXCEEDING FIVE
 WORKING DAYS, IN ANY ONE CALENDAR YEAR.
   6. RIGHTS AND CONTRIBUTIONS UNDER RETIREMENT SYSTEMS. (A)  THE  AMOUNT
 OF REQUIRED CONTRIBUTIONS TO ANY PENSION OR RETIREMENT SYSTEM OF WHICH A
 PORT AUTHORITY OF  NEW YORK AND NEW JERSEY EMPLOYEE ABSENT WHILE ENGAGED
 IN  THE  PERFORMANCE  OF  ORDERED  MILITARY  DUTY  IS  A MEMBER SHALL BE
 DEDUCTED FROM THE SALARY OR OTHER COMPENSATION PAID TO  HIM  OR  HER  AS
 SUCH  PORT AUTHORITY OF  NEW YORK AND NEW JERSEY EMPLOYEE AS PROVIDED IN
 THIS SECTION. IF SUCH REQUIRED CONTRIBUTIONS EXCEED THE AMOUNT  OF  SUCH
 SALARY  OR  OTHER COMPENSATION TO WHICH A PORT AUTHORITY OF NEW YORK AND
 NEW JERSEY EMPLOYEE IS ENTITLED WHILE  ENGAGED  IN  THE  PERFORMANCE  OF
 MILITARY  DUTY, THE AMOUNT OF SUCH SALARY OR OTHER COMPENSATION SHALL BE
 APPLIED UPON SUCH REQUIRED CONTRIBUTIONS AND SUCH PORT AUTHORITY OF  NEW
 YORK AND NEW JERSEY EMPLOYEE SHALL HAVE THE RIGHT TO PAY TO SUCH PENSION
 OR RETIREMENT SYSTEM THE AMOUNT BY WHICH SUCH CONTRIBUTIONS EXCEED  SUCH
 SALARY  OR  OTHER  COMPENSATION. SUCH PORT AUTHORITY OF NEW YORK AND NEW
 JERSEY  EMPLOYEE SHALL ALSO HAVE THE RIGHT TO PAY TO  SUCH  SYSTEM,  FOR
 ANY PERIOD OF SUCH ABSENCE DURING WHICH HE OR SHE SHALL RECEIVE NO SALA-
 RY  OR  OTHER  COMPENSATION  AS SUCH PORT AUTHORITY OF  NEW YORK AND NEW
 JERSEY EMPLOYEE, THE AMOUNT THAT HE OR SHE  WOULD  HAVE  CONTRIBUTED  TO
 SUCH  SYSTEM  IF  HE OR SHE HAD BEEN PRESENT AND CONTINUOUSLY ENGAGED IN
 THE PERFORMANCE OF THE DUTIES OF HIS OR HER POSITION DURING SUCH PERIOD.
   (B) SUCH PAYMENTS, OTHER THAN THOSE DEDUCTED FROM HIS OR HER    SALARY
 OR OTHER COMPENSATION AS SUCH PORT AUTHORITY OF  NEW YORK AND NEW JERSEY
 EMPLOYEE,  MAY  BE  PAID  FROM TIME TO TIME AT ANY TIME WHILE ENGAGED IN
 SUCH ORDERED MILITARY DUTY OR WITHIN FIVE YEARS AFTER THE DATE OF TERMI-
 NATION OF SUCH ORDERED MILITARY DUTY, OR, IN THE EVENT OF THE  DEATH  OF
 SUCH  PORT  AUTHORITY OF  NEW YORK AND NEW JERSEY EMPLOYEE WHILE ENGAGED
 IN ORDERED MILITARY DUTY, SUCH PAYMENTS, OR ANY  PART  THEREOF,  MAY  BE
 MADE  BY  THE NAMED BENEFICIARY OR THE LEGAL REPRESENTATIVE OF SUCH PORT
 AUTHORITY OF NEW YORK AND NEW JERSEY   EMPLOYEE ESTATE WITHIN  ONE  YEAR
 FOLLOWING PROOF OF SUCH DEATH.
   (C)  TO  THE  EXTENT  THAT  SUCH CONTRIBUTIONS ARE PAID, ABSENCE WHILE
 ENGAGED IN THE PERFORMANCE OF MILITARY DUTY SHALL BE COUNTED  IN  DETER-
 MINING  THE  LENGTH  OF  TOTAL  SERVICE UNDER SUCH PENSION OR RETIREMENT
 SYSTEM.
   (D) ANY SUCH PORT AUTHORITY OF NEW YORK AND NEW JERSEY EMPLOYEE, WHILE
 ENGAGED IN THE PERFORMANCE OF ORDERED MILITARY DUTY, OR HIS OR HER BENE-
 FICIARY, AS THE CASE MAY BE, SHALL BE ENTITLED TO ALL  THE  BENEFITS  OF
 THE  PENSION  OR RETIREMENT SYSTEM OF WHICH HE OR SHE IS A MEMBER EXCEPT
 ACCIDENTAL DISABILITY RETIREMENT AND ACCIDENTAL DEATH BENEFIT.
   § 2. This act shall take effect upon the enactment  into  law  by  the
 state  of New Jersey of legislation having an identical effect with this
 act, but if the state of New Jersey  shall  have  already  enacted  such
 legislation  this  act shall take effect immediately. The chair or vice-
 chair of the port authority as recommended by the governor of the  state
 of  New  York shall notify the legislative bill drafting commission upon
 the occurrence of the enactment  of  the  legislation  provided  for  in
 section  one  of  this  act in order that the commission may maintain an
 accurate and timely effective data base of the official text of the laws
 of the state of New York in furtherance of effectuating  the  provisions
 of  section  44  of  the  legislative law and section 70-b of the public
 officers law.