S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6623
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                May 1, 2023
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
   and when printed to be committed to the Committee on  Veterans,  Home-
   land Security and Military Affairs
 
 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 XXIII to read as follows:
                               ARTICLE XXIII
   1. DEFINITIONS. THE TERM:
   A.  "EMPLOYEE"  MEANS  THOSE  PERSONS  EMPLOYED AT THE PORT AUTHORITY,
 INCLUDING BUT NOT LIMITED TO: FULL-TIME AND PART-TIME  EMPLOYEES,  THOSE
 EMPLOYEES  ON PROBATION, AND TEMPORARY EMPLOYEES, WHETHER OR NOT REPRES-
 ENTED BY A LABOR ORGANIZATION.
   B. "ORDERED MILITARY DUTY", AS USED IN THIS ARTICLE, MEANS  ANY  MILI-
 TARY  DUTY  PERFORMED  IN THE SERVICE OF THE STATE OF NEW YORK OR OF THE
 UNITED STATES, INCLUDING BUT NOT LIMITED TO ATTENDANCE  AT  ANY  SERVICE
 SCHOOL OR SCHOOLS CONDUCTED BY THE ARMED FORCES OF THE UNITED STATES, BY
 A  PORT  AUTHORITY  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  AUTHORITY,  WITH  OR WITHOUT THE CONSENT OF SUCH PORT AUTHORITY
 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.
                                                            LBD11012-01-3
 S. 6623                             2
              

 
   2.  LEAVE  OF ABSENCE WHILE ENGAGED IN PERFORMANCE OF ORDERED MILITARY
 DUTY. EVERY EMPLOYEE SHALL BE ENTITLED TO ABSENT THEMSELVES AND SHALL BE
 DEEMED TO HAVE A LEAVE OF ABSENCE FROM HIS OR HER DUTIES OR  SERVICE  AS
 SUCH  PUBLIC  OFFICER  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 EMPLOYEE
 WHO IS OR BECOMES A VOLUNTARY MEMBER OF ANY FORCE OF THE ORGANIZED MILI-
 TIA OR OF ANY RESERVE FORCE OR RESERVE COMPONENT OF THE ARMED FORCES  OF
 THE  UNITED  STATES  SHALL BE ENTITLED TO ABSENT THEMSELVES AND SHALL BE
 DEEMED TO HAVE A LEAVE OF ABSENCE FROM HIS OR HER DUTIES OR  SERVICE  AS
 SUCH  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.
   4. 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
 EMPLOYEE WHO IS OR BECOMES A MEMBER OF ANY FORCE OF THE ORGANIZED  MILI-
 TIA  OR OF ANY RESERVE FORCE OR RESERVE COMPONENT OF THE ARMED FORCES OF
 THE UNITED STATES SHALL BE ENTITLED TO ABSENT THEMSELVES  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  EMPLOY-
 EE.
   5. EMPLOYMENT RIGHTS. TIME DURING WHICH AN EMPLOYEE IS ABSENT PURSUANT
 TO  THE  PROVISIONS  OF SUBDIVISIONS TWO, THREE AND FOUR 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 INDIRECTLY, TO ANY  LOSS  OR  DIMINUTION  OF  TIME  SERVICE,
 INCREMENT,  VACATION OR HOLIDAY PRIVILEGES, OR ANY OTHER RIGHT OR PRIVI-
 LEGE, BY REASON OF SUCH ABSENCE, OR BE PREJUDICED,  BY  REASON  OF  SUCH
 ABSENCE,  WITH  REFERENCE  TO CONTINUANCE IN OFFICE OR EMPLOYMENT, REAP-
 POINTMENT  TO  OFFICE,   RE-EMPLOYMENT,   REINSTATEMENT,   TRANSFER   OR
 PROMOTION.
   6. PAY FOR MILITARY DUTY. A. EVERY EMPLOYEE SHALL BE PAID THEIR SALARY
 OR OTHER COMPENSATION AS A PORT AUTHORITY EMPLOYEE FOR ANY AND ALL PERI-
 ODS  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 EMPLOYEE OF THE PORT AUTHORITY 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
 APPLICABLE DEPARTMENT OF DEFENSE DOCUMENTATION, SHALL BE PAID HIS OR HER
 SALARY OR OTHER COMPENSATION AS SUCH PORT AUTHORITY 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 CALEN-
 DAR YEAR.
 S. 6623                             3
 
   7. RIGHTS AND CONTRIBUTIONS UNDER RETIREMENT SYSTEMS. A. THE AMOUNT OF
 REQUIRED CONTRIBUTIONS TO ANY PENSION OR RETIREMENT SYSTEM OF  WHICH  AN
 EMPLOYEE  ABSENT  WHILE  ENGAGED  IN THE PERFORMANCE OF ORDERED MILITARY
 DUTY IS A MEMBER, SHALL BE DEDUCTED FROM THE  SALARY  OR  OTHER  COMPEN-
 SATION  PAID TO HIM OR HER AS SUCH EMPLOYEE AS PROVIDED IN THIS ARTICLE.
 IF SUCH REQUIRED CONTRIBUTIONS EXCEED THE AMOUNT OF SUCH SALARY OR OTHER
 COMPENSATION TO WHICH AN EMPLOYEE  IS  ENTITLED  WHILE  ENGAGED  IN  THE
 PERFORMANCE OF MILITARY DUTY, THE AMOUNT OF SUCH SALARY OR OTHER COMPEN-
 SATION  SHALL  BE  APPLIED  UPON  SUCH  REQUIRED  CONTRIBUTIONS AND SUCH
 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 EMPLOYEE SHALL ALSO HAVE THE RIGHT  TO  PAY  TO
 SUCH  SYSTEM, FOR ANY PERIOD OF THE ABSENCE DURING WHICH HE OR SHE SHALL
 RECEIVE NO SALARY OR OTHER COMPENSATION  AS  AN  EMPLOYEE  OF  THE  PORT
 AUTHORITY,  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 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 TERMINATION OF SUCH ORDERED MILITARY  DUTY,  OR,
 IN  THE  EVENT  OF  THE  DEATH OF SUCH 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 EMPLOYEE'S 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 EMPLOYEE, WHILE ENGAGED IN THE PERFORMANCE OF ORDERED MILITARY
 DUTY, OR HIS OR HER BENEFICIARY, 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; provided  that  the
 state  of  New Jersey shall notify the legislative bill drafting commis-
 sion 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  pro-
 visions  of  section  44  of the legislative law and section 70-b of the
 public officers law.