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August 21, 2017
A7479 - Veterans Supplemental Military Retirement Allowances for Members of Public Retirement Systems in NYS
Updated On: May 24, 2013

A7479 - Supplemental military retirement allowances for members of

public retirement systems of the state. 

A07479 Summary:

BILL NO    A07479 

SAME AS    No same as 

SPONSOR    Benedetto (MS)

COSPNSR    Ramos

MLTSPNSR   

Amd SS1000, 78-a & 378-a, R & SS L; amd S532-a, Ed L; amd S13-696, NYC Ad Cd

Relates to supplemental military retirement allowances for members of public
retirement systems of the state.

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A07479 Actions:

BILL NO    A07479 

05/22/2013 referred to governmental employees

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A07479 Memo:

BILL NUMBER:A7479

TITLE OF BILL:  An act to amend the retirement and social security
law, the education law and the administrative code of the city of New
York, in relation to supplemental military retirement allowances for
members of public retirement systems of the state

Purpose Or General idea Of Bill:

This bill intends to provide veterans who have retired from public
service in the state with a veterans pension benefit similar to that
which active veteran public employees are entitled to receive.

Summary Of Specific Provisions:

This bill would:

1. Provide that a member of a public retirement system of the State of
New York who retired prior to December twenty-first, nineteen hundred
ninety-eight may make application to the retirement system for a
supplemental military allowance;

2. Apply to persons who meet the eligibility requirements of the
veteran's service credit buy back law;

3. Provide a supplemental military allowance equal to .25% for each
month of military service of such person, to a maximum of 36 months;

4. Provide that the supplemental military allowance shall apply to the
first $15,000, prior to optional modification, of the retired person;
and 5. Require the application for the supplemental military allowance
be made no later than December 31, 2014.

Effects Of Present Law Which This Bill Would Alter:

Chapter 548 of the Laws of 2000 permits veterans in active public
service to have up to three years of military service credit added to
their retirement service, There is no provision to allow public
retirees to receive a commensurate benefit. This legislation provides
that benefit.

Justification:

The Veterans Service Credit of 2000 permitted active military public
employees who served in the military during specific military conflict
to purchase up to three years retirement credit for that military
service. This was the first opportunity veterans had to include their
military service in their public retirement plan since 1976.

Many Korean veterans were not eligible for that 1976 buy back law.
Vietnam veterans were just entering public service at that time. In
the ensuring years, many of these veterans provided years of dedicated
public service arid retired without the ability to add military credit
to their retirement. Current employees now have that ability.

It is unfair to ignore the service provided by veterans to our state
and country now that active employees can receive this benefit. This


bill overcomes that injustice by providing retired veterans with a
comparable supplemental military allowance.

Prior Legislative History:

2008: A.6805-A Towns Amended and recommit to Governmental Employees
Committee
2007: A6695 Towns Governmental Employees Committee
2006: A5472-A Towns Governmental Employees Committee
2005: A5472 Towns Governmental Employees Committee
2004: A8374-A Tocci Governmental Employees Committee
2003: A8374 Tocci Reported to Ways and Means Committee
2002: A9839 Tocci Passed Assembly
2001: A4246 Vitaliano Passed Assembly
2000: A11501 Vitaliano Passed Assembly

Fiscal Implications For State And Local Governments:

See fiscal notes attached

Effective Date:

Immediately

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A07479 Text:

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

                                         7479

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                     May 22, 2013
                                      ___________

       Introduced by M. of A. BENEDETTO, RAMOS -- read once and referred to the
         Committee on Governmental Employees

       AN  ACT  to  amend the retirement and social security law, the education
         law and the administrative code of the city of New York,  in  relation
         to  supplemental  military retirement allowances for members of public
         retirement systems of the state

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

    1    Section  1.  Section 1000 of the retirement and social security law is
    2  amended by adding a new subdivision 8-a to read as follows:
    3    8-A. A PERSON WHO RETIRED PRIOR  TO  DECEMBER  TWENTY-FIRST,  NINETEEN
    4  HUNDRED  NINETY-EIGHT AND WHO WOULD HAVE BEEN ENTITLED TO THE PROVISIONS
    5  OF THIS SECTION, MAY MAKE APPLICATION TO SUCH RETIREMENT SYSTEM NO LATER
    6  THAN DECEMBER THIRTY-FIRST, TWO THOUSAND  FOURTEEN  FOR  A  SUPPLEMENTAL
    7  MILITARY RETIREMENT ALLOWANCE PURSUANT TO THIS SUBDIVISION.  THE SUPPLE-
    8  MENTAL  RETIREMENT  ALLOWANCE  PROVIDED  BY THIS SUBDIVISION SHALL BE IN
    9  LIEU OF ANY BENEFIT OTHERWISE PROVIDED PURSUANT TO THIS SECTION AND  ANY
   10  CREDIT  GRANTED  FOR MILITARY SERVICE WITH ANY RETIREMENT SYSTEM OF THIS
   11  STATE PURSUANT TO ANY OTHER SECTION OF LAW.  UPON RECEIPT OF AN APPLICA-
   12  TION, THE RETIREMENT SYSTEM SHALL DETERMINE THE AMOUNT OF SERVICE CREDIT
   13  SUCH PERSON WOULD HAVE BEEN ENTITLED TO RECEIVE PURSUANT TO SUBDIVISIONS
   14  ONE AND TWO OF THIS SECTION, SUBJECT TO  THE  LIMITATIONS  CONTAINED  IN
   15  THIS SECTION. THE SUPPLEMENTAL MILITARY RETIREMENT ALLOWANCE SHALL EQUAL
   16  THE  RETIREMENT  ALLOWANCE  OF  SUCH  PERSON,  COMPUTED WITHOUT OPTIONAL
   17  MODIFICATION AND NOT TO EXCEED FIFTEEN THOUSAND DOLLARS,  MULTIPLIED  BY
   18  TWENTY-FIVE ONE HUNDREDTHS OF ONE PERCENT PER MONTH OF THE SERVICE CRED-
   19  IT  AS  DETERMINED  PURSUANT  TO  THIS SUBDIVISION.   ONE-TWELFTH OF THE
   20  SUPPLEMENTAL MILITARY RETIREMENT ALLOWANCE SHALL BE ADDED TO THE RETIRE-
   21  MENT ALLOWANCE OF SUCH PERSON EACH MONTH. THE BENEFIT  PAYABLE  PURSUANT
   22  TO  THIS SECTION SHALL COMMENCE ON THE NEXT RETIREMENT ALLOWANCE PAYABLE
   23  AT LEAST THIRTY DAYS AFTER THE  RECEIPT  OF  AN  APPLICATION  FROM  SUCH

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07946-03-3
       A. 7479                             2

    1  PERSON. FOR THE PURPOSES OF THIS SUBDIVISION, RETIREMENT ALLOWANCE SHALL
    2  EXCLUDE  ANY  ANNUITY  DERIVED  FROM VOLUNTARY CONTRIBUTIONS MADE BY THE
    3  INDIVIDUAL, EXCEPT THOSE MADE PURSUANT TO  ELECTIONS  UNDER  SUBDIVISION
    4  ONE OF SECTION FIVE HUNDRED ELEVEN-A OR PARAGRAPH C OF SUBDIVISION THREE
    5  OF  SECTION FIVE HUNDRED SIXTEEN OF THE EDUCATION LAW, BUT SHALL INCLUDE
    6  ANY COST OF LIVING ADJUSTMENT DERIVED FROM SECTIONS SEVENTY-EIGHT-A  AND
    7  THREE  HUNDRED  SEVENTY-EIGHT-A  OF THIS CHAPTER OR SECTION FIVE HUNDRED
    8  THIRTY-TWO-A OF THE EDUCATION LAW, AS APPLICABLE.   THE BENEFIT  PAYABLE
    9  PURSUANT  TO  THIS  SUBDIVISION  SHALL  BE  PAYABLE  FOR THE LIFE OF THE
   10  RETIRED MEMBER ONLY, EXCEPT THAT THE  SURVIVING  SPOUSE  OF  A  DECEASED
   11  MEMBER  WHO  RETIRED UNDER AN OPTION PROVIDING A BENEFIT TO BE CONTINUED
   12  FOR LIFE TO THE SURVIVING SPOUSE AFTER THE DEATH OF THE MEMBER SHALL  BE
   13  ENTITLED  TO  RECEIVE  FIFTY  PERCENT  OF  THE  MONTHLY BENEFIT THAT THE
   14  RETIRED MEMBER WOULD BE  RECEIVING  PURSUANT  TO  THIS  SUBDIVISION,  IF
   15  LIVING,  COMMENCING  WITH THE NEXT RETIREMENT ALLOWANCE PAYABLE AT LEAST
   16  THIRTY DAYS AFTER RECEIPT OF AN APPLICATION FROM THE RETIRED MEMBER  FOR
   17  THE BENEFIT OR PAYABLE AFTER THE DEATH OF THE RETIRED MEMBER.
   18    S  2. Subdivision b of section 78-a of the retirement and social secu-
   19  rity law, as added by chapter 125 of the laws of  2000,  is  amended  to
   20  read as follows:
   21    b.  Said cost-of-living adjustment shall be a percentage of the annual
   22  retirement  allowance  otherwise  payable,  computed  without   optional
   23  modification,  but  including  any benefit derived from subdivision f of
   24  this section [and], any prior year's cost-of-living  adjustment  derived
   25  from this section AND THE AMOUNT OF ANY SUPPLEMENTAL MILITARY RETIREMENT
   26  ALLOWANCE  DERIVED  FROM  SUBDIVISION EIGHT-A OF SECTION ONE THOUSAND OF
   27  THIS CHAPTER. Said percentage is set forth  in  subdivision  d  of  this
   28  section.
   29    S 3. Subdivision b of section 378-a of the retirement and social secu-
   30  rity  law,  as  added  by chapter 125 of the laws of 2000, is amended to
   31  read as follows:
   32    b. Said cost-of-living adjustment shall be a percentage of the  annual
   33  retirement   allowance  otherwise  payable,  computed  without  optional
   34  modification, but including any benefit derived from  subdivision  f  of
   35  this  section  [and], any prior year's cost-of-living adjustment derived
   36  from this section AND THE AMOUNT OF ANY SUPPLEMENTAL MILITARY RETIREMENT
   37  ALLOWANCE DERIVED FROM SUBDIVISION EIGHT-A OF SECTION  ONE  THOUSAND  OF
   38  THIS  CHAPTER.    Said  percentage is set forth in subdivision d of this
   39  section.
   40    S 4. Subdivision b of section 532-a of the education law, as added  by
   41  chapter 125 of the laws of 2000, is amended to read as follows:
   42    b.  Said cost-of-living adjustment shall be a percentage of the annual
   43  retirement  allowance  otherwise  payable,  computed  without   optional
   44  modification, excluding any annuity derived from voluntary contributions
   45  made  by members, except those made pursuant to elections under subdivi-
   46  sion one of section five hundred eleven-a or paragraph c of  subdivision
   47  three of section five hundred sixteen of this article, but including any
   48  benefit  derived  from  subdivision  f  of this section [and], any prior
   49  year's cost-of-living adjustment  derived  from  this  section  AND  THE
   50  AMOUNT  OF  ANY  SUPPLEMENTAL MILITARY RETIREMENT ALLOWANCE DERIVED FROM
   51  SUBDIVISION EIGHT-A OF SECTION ONE THOUSAND OF THE RETIREMENT AND SOCIAL
   52  SECURITY LAW. Said percentage is set forth  in  subdivision  d  of  this
   53  section.
   54    S 5. Subdivision b of section 13-696 of the administrative code of the
   55  city  of  New  York,  as  added  by  chapter 125 of the laws of 2000, is
   56  amended to read as follows:
       A. 7479                             3

    1    b. Said cost-of-living adjustment shall be a percentage of the  annual
    2  fixed  retirement allowance otherwise payable, computed without optional
    3  modification, but including any benefit derived from  subdivision  f  of
    4  this  section  [and], any prior year's cost-of-living adjustment derived
    5  from  this section AND THE AMOUNT OF ANY SUPPLEMENTAL MILITARY ALLOWANCE
    6  DERIVED FROM SUBDIVISION EIGHT-A OF SECTION ONE THOUSAND OF THE  RETIRE-
    7  MENT  AND SOCIAL SECURITY LAW.  Said percentage is set forth in subdivi-
    8  sion d of this section.
    9    S 6. This act shall take effect immediately.
         FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
         This bill would amend Section 1000 of the Retirement and Social  Secu-
       rity  Law to give veterans who retired prior to December 21, 1998 or the
       surviving spouse of such a retired veteran who chose  a  continued  life
       benefit  to  the  spouse,  a  supplemental  pension equal to their first
       $15,000 of single life allowance multiplied by 3% per  year  for  up  to
       three  (3)  years  of such service credit for military service performed
       during certain periods of military conflicts  for  certain  retirees  of
       public  retirement  systems in New York State. Retirees who have already
       received credit in public retirement systems other  than  those  in  New
       York  State  will  be  allowed to receive credit for these same years of
       military service in the New York State and Local  Employees'  Retirement
       System (ERS) and the New York State and Local Police and Fire Retirement
       System  (PFRS). The annual allowance will be recalculated as of the date
       of enactment of  this  legislation.  There  would  not  be  any  payment
       required  by an affected retiree for such service. Such retiree may make
       application for such supplemental pension no  later  than  December  31,
       2014.
         The  exact  number  of  retirees  or  surviving  spouses that could be
       affected by this legislation cannot be readily determined.
         ERS Costs: Pursuant to Section 25 of the Retirement and Social Securi-
       ty Law, the increased cost to the New York State  and  Local  Employees'
       Retirement  System  would be borne entirely by the State of New York and
       would require an itemized appropriation sufficient to pay  the  cost  of
       the provision. Once a retiree or surviving spouse applies for this bene-
       fit  a cost will be generated. Every year a cost will be determined (and
       billed to the state) based on those benefiting from this provision.
         PFRS Costs: These costs would be shared by the State of New  York  and
       the participating employers in the PFRS.
         Summary of relevant resources:
         Data:  March  31,  2012  Actuarial Year End File with distributions of
       membership and other statistics displayed in  the  2012  Report  of  the
       Actuary and 2012 Comprehensive Annual Financial Report.
         Assumptions  and  Methods:  2010,  2011  and 2012 Annual Report to the
       Comptroller on Actuarial Assumptions, Codes Rules and Regulations of the
       State of New York: Audit and Control.
         Market Assets and GASB Disclosures: March 31, 2012 New York State  and
       Local  Retirement System Financial Statements and Supplementary Informa-
       tion.
         Valuations of Benefit Liabilities and Actuarial Assets: summarized  in
       the 2012 Actuarial Valuations report.
         I am a member of the American Academy of Actuaries and meet the Quali-
       fication Standards to render the actuarial opinion contained herein.
         This  estimate, dated May 9, 2013 and intended for use only during the
       2013 Legislative Session, is Fiscal Note No. 2013-91,  prepared  by  the
       Actuary  for  the  New York State and Local Employees' Retirement System
       and the New York State and Local Police and Fire Retirement System.

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