OUR RESPONSE TO GOVERNOR CUOMO'S VETO: FIGHT BACK

A temporary setback  for those of us fighting for honor and equity for all veterans. Despite the obvious inequities in current law,  discriminatory effect of current law on female veterans, unanimous passage in the Senate (57 to 0),  and nearly unanimous passage in the Assembly (133 to 1), the Governor vetoed S7839/A6974  (The Veterans Equity Act) on November 7, 2014. 

Equity for  Wartime Veterans and Cold War Veterans will have to wait...but we did defeat the Soviets and triumph over terrorism so this is not stopping us.

 What we will do in response:

 1. Sign the petition, here. Written and managed by Jennifer Howard, it explains the current inequities in law and urges our legislators to override Governor Cuomo's veto. Realistically, a very long shot as no Gov. Cuomo veto has ever been reversed  and while the legislators are on record overwhelmingly supporting the bill, the appetite and math for a veto override are simply not there.
   Nevertheless, on  November 15, Ms. Howard sent the 3000+ signatures and strongly worded message to every member of the Senate and Assembly as well as the Governor.(February 27, 2015 update: 4,800 signatures.)

2. Write your local paper criticizing the Governor's veto of this bill.

•  November 18th Letter to the Legislative Gazette from a wartime veteran 
•  November 17 Lettters to Syracuse. com from the wife of a wartime veteran.
•  November 13 Letter to The Queens Chronicle from a local VFW Commander
•  Article that fairly depicts current law and fairly presents the vetoed bill
• Another accurate article that nails all the inequities in current law on military service credit
• Local TV coverage of the veto and mention of upcoming budget negotiation for it
• November 17 local news coverage with assembly member comments and predictions. News station believes all wartime veterans already covered under current law.
• November 24 Legislative Gazette
• November 30 Poughkeepsie Journal
• December 1 NYC Council Urges Veto Override
• December 3, More info on NYC Council Urging Veto Override

3. Contact state legislators now to get our bill rewritten, cost estimated, funded in the draft budget,  and funded in the annual budget:

Right now the bill is being rewritten to go thru the entire process again (in both Senate and Assembly) in the upcoming session (2015). It will have a new name. Simultaneously, draft budget discussions are ongoing that will result in funding for our bill (if we keep the pressure on). After a funding estimate is attached to the bill (ERS, etc has actuarial input on the estimate...so there is a delay here), the bill will proceed (if we keep the pressure on) as it did last year from committee to committee. The funds hedged/committed  during (draft and final) budget negotiations for the new bill  should match the funding estimate from ERS (etc) within the bill at this point. The end state should be the passage of a bill for all veterans in both houses with funding estimate and budgeted funds....and a governor signature in the end.

A few astute observers noted that the Assembly stripped out the funding for the bill prior to voting 'yes' (133-1) on  June  18 2014,  thus forcing the Senate to quickly  rewrite and re-vote a matching bill the next day. (Mismatched bills cannot proceed.). This was the last day of session for the year.  The resulting bill lacked the funding language, thus enabling Governor Cuomo to veto it while claiming the high road of fiscal responsibility. Given our 5.1 Billion surplus (as of November 2014) and even the overguesstimated figure of 57 million in costs quoted in the Governor's veto message, a few astute observers have referred to the Assembly's deliberate actions as calculating, transparent,  and particularly cynical.

Mayor DiBlasio's letter recommending disapproval for the bill for all vets nevertheless repeatedly indicated strong approval for a bill including all wartime veterans. Read his memo here. Since we have been at war since 1990, this covers most of those who would be affected by our bill. Further, the issue of official discrimination against women should strike a note with his constituents (if not the Mayor)  and thus the only  remaining uncovered 'peacetime' (AKA Cold War) 1975-1990 period should be palatable even to his taste. See here.

Thus, by forestalling  the funding pretext,  educating folks on the actual wartime and cold war veterans effected,  and reminding folks of the effects of past discrimination against servicewomen, the bill should become law. With our pressure. Smart pressure. See here.

• Call the Governor's office. (518) 474-8390.  Tell them to include the funding for S7839/A6974 in the draft budgets they are currently preparing and to put it in the final budget early next year.  Gov. Cuomo specifically suggested this in his veto message. This is a very realistic possibility.

Assemblywoman  Paulin rallies the vets!

• Call and email your local representatives and the key Senate and Assembly leaders (outside of your own) who can  fight for our bill's funding during budget drafting and  negotiations beginning right now: (Note, a great contact list for the Assembly is here, a great contact list for the Senate is here)

              Honorable Member of Assembly Herman "Denny" Farrell Jr, Chair of the NYS Assembly's Ways and Means Committee 518-455-5491, 212-234-1430, FarrelH@assembly.state.ny.us

              Honorable Senator John A. DeFrancisco, Chair of the Senate's Finance Committee (315) 428-7632, (518) 455-3511, jdefranc@nysenate.gov

              New York State Assembly Speaker Carl Heastie  (718)-654-6539, Speaker@assembly.state.ny.us

               New York State Senate President Dean Skelos (516) 766-8383,
(518) 455-3171, skelos@nysenate.gov

• Call and email the authors of the bill: Assemblywoman Paulin (914-723-1115, 518-455-5585, PaulinA@assembly.state.ny.us ) in the Assembly and Senator Larkin [ (845) 567-1270, (518) 455-2770,  larkin@senate.state.ny.us ] in  the House. Urge them to keep fighting.

4. Confront and Defeat the "Peacetime Veterans" lie. Since the bill primarily addresses wartime veterans this is outrageous. It's root may be in the unofficial and horribly constructed summary of the bill. Not the bill itself of course. The lie seems to be in almost all articles  about the Governor's veto - and most prevalent in those articles that seem to favor his veto. Idealogue E.J. McMahon  was twice corrected for peddling this canard and has edited (begrudgingly) his posts. He also apparently cannot properly count the vote in the Assembly and House - perhaps because both houses overwhelmingly supported the bill. AP writer Michael Virtanen's use of the lie seems more innocent, though his writing reaches a substantial  audience.  See my recent post, here for the facts on current law and the bill.

Here is my most recent letter to the editor:


Sir/Madam:

     Your Nov. 13 article (Brooklyn Daily Eagle) titled "Pols Vow action after Cuomo Vetoes Military Pension Bill" by Paula Katinas was wholly inaccurate on one very important point. I have excerpted your article, below: 

     "The bill, which was sponsored by state Sen. Bill Larkin in the senate and by Assemblymember Amy Paulin in the assembly, would have amended the New York State Military Service Credit Law to authorize state and municipal pension credits for peacetime military service. If the bill had become law, veterans who work for the state or city would have been allowed to use their peacetime service as credits toward pension benefits when they retire.
Specifically, the Larkin-Paulin bill would have allowed veterans who served during peacetime to purchase up to three years of extra pension credit at a greatly discounted price."

     The bill will not primarily impact  'peacetime service" veterans  it will primarily impact  wartime service veterans. Excluded US veterans, who served in Afghanistan, Bosnia, Guantanamo Bay, Germany, Italy, Kosovo, Okinawa, Somalia, South Korea, United States  and in all but a handful of nations during the current wartime (Gulf War Era, 1990-Present) era are working to purchase military service credit. 

     It is true that some soldiers from the much shorter peacetime (AKA Cold War) period (1976-1989) may also qualify. Women from this same 'peacetime' period are particularly concerned because they were all but banned from the three specific periods  (Panama, Grenada, Lebanon) within this peacetime (AKA Cold War)  period that actually qualify to purchase  military service credit.

You may or may not be aware that under current law all veterans who served anywhere or anytime during the wartime Vietnam Era (1961-1975) already qualify to purchase military service credit.

If you could publish a correction and/or include this  as a letter to the editor in your online and print editions  it would be much appreciated.

Respectfully,

Robert K. Browne
Afghanistan, 2004
Phone: xxx-xxx-xxxx
Fix NY 's Military Service Credit Law : FIX CURRENT LAW WITH SENATE BILL 7839

 Received this in response: We've added a couple of sentences at the end of the story: http://www.brooklyneagle.com/articles/2014/11/13/pols-vow-action-after-cuomo-vetoes-military-pension-bill

 "A post on a blog called NY Vets For Service Credit called the veto “a temporary setback for those of us fighting for honor and equity for all veterans.”

"The legislation vetoed by Cuomo would have also benefited military veterans, and not just those who served during peacetime, according to Golden’s office. For example, the current state statute on pensions for veterans does not include all of the places where there has been a military presence, meaning that many veterans have been excluded, aides to the senator told the Brooklyn Eagle. The bill seeks to extend the opportunity to obtain pension credits to all veterans who were in the military."

I guess this qualifies as a correction in a newspaper. Refusing  to use the word "wartime",  yet shamelessly  flinging  around the word "peacetime".

5. Engage The American Legion (Wartime Veteran Status required for membership) and  Veterans of Foreign Wars (Wartime Veterans in the Combat Zone),  They should be leading the public effort on this  fight.
    -  Both organizations  thought the bill only covered  peacetime veterans.   Not their membership - again, they are wartime organizations. Of course, since the vast majority of applicable veterans are actually  wartime this is dead wrong.


6. As I learn more concerning options going forward I will post them on a new front page in the blog. If you want to send something directly to me (for whatever reason) you email can at militaryservicecredit@gmail.com.  I think that address is somewhere on this blog as a few of you (like 100) have written directly to me.

7. Sample letter to the editor (feel free to cut and paste and edit and send...there is no copyright)

     On November 7, 2014 and despite near unanimous support in the Assembly (133-1) ,  unanimous support in the Senate (55-0), and the urging of veterans across New York State,  Governor Cuomo vetoed The Veterans Equality Act. Both sponsors, again with overwhelming support, have resubmitted the bill.

   This bill would allow an honorably discharged veteran to purchase of up to three (3) years of service credit for  military duty by removing  existing requirements that such military service be performed only during some selected periods, or only upon the receipt of  some selected  medals, or only in some selected countries.

   The bill will primarily impact  wartime service veterans. Excluded US veterans, who served in Afghanistan, Bosnia, Guantanamo Bay, Germany, Israel, Italy, Kosovo, Okinawa, Somalia, South Korea, United States  and in all but a handful of nations during the current wartime (Gulf War Era, 1990-Present) era are seeking pension equity with currently qualifying veterans.

     Veterans  from the much shorter  Cold War period (1976-1989) will also qualify. Women from this period are particularly concerned because they were all but banned (via now-repealed discriminatory laws) from the three short periods within this Cold War  period that currently  qualify to purchase  military service credit.

    You may or may not be aware that under current law all military veterans who served anywhere during the wartime Vietnam Era (1961-1975) already qualify to purchase military service credit.

     Equity and honor for all our military veterans!
_______________________________________________________________________________

 8. Time to regroup and fight again!


PS. Notice Gov Cuomo is not looking that veteran in the eye. We will assist him in being able to look proudly into the eyes of all New York's veterans.

New York's Governor Cuomo, one month prior to his November 7, 2014 veto of a bill providing for military service credit for New York veterans of the War in Afghanistan, greeting New York troops in Afghanistan. 

S/7839/A6974 Bill on the Governor's Desk (October 29, 2014)

  BAD NEWS! VETO ON 7 NOV 2014! VETO STORY IS HERE

Here is a copy of the Governor's veto message: https://www.scribd.com/doc/245877163/Veto-484-Copy

A06974 Actions:

BILL NO    A06974B

04/29/2013 referred to governmental employees
01/08/2014 referred to governmental employees
02/26/2014 amend and recommit to governmental employees
02/26/2014 print number 6974a
04/29/2014 reported referred to ways and means
06/11/2014 amend (t) and recommit to ways and means
06/11/2014 print number 6974b
06/16/2014 reported referred to rules
06/18/2014 reported 
06/19/2014 rules report cal.531
06/19/2014 substituted by s7839
           S07839  AMEND=  LARKIN
           06/13/2014 REFERRED TO CIVIL SERVICE AND PENSIONS
           06/16/2014 COMMITTEE DISCHARGED AND COMMITTED TO RULES
           06/16/2014 ORDERED TO THIRD READING CAL.1419
           06/16/2014 PASSED SENATE
           06/16/2014 DELIVERED TO ASSEMBLY
           06/16/2014 referred to ways and means
           06/19/2014 substituted for a6974b
           06/19/2014 ordered to third reading rules cal.531
           06/19/2014 passed assembly
           06/19/2014 returned to senate
           10/29/2014 DELIVERED TO GOVERNOR
           11/07/2014 VETOED MEMO.484

This link, S7839/A6974, is automatically updated.



2. The bill's success in moving thru both Albany houses and across party lines culminated 14 years of effort following the inadequate military service bill of 2000 (Chapter 548) and  was due to interested legislators, public sector union legislative representatives, veteran  fraternal organizations, and a genuine grassroots effort by the veterans themselves who again volunteered to fight for  honor and equity.

3.Governor Cuomo now has a public  opportunity to demonstrate his strong support of   NY's veterans and his dedication to the principles of equity and honor  for all  the citizens  of this great state.  The state and the nation are watching. Veto by the Governor.

4. This military service credit buyback bill amends current statutes and permits state employee  combat veterans of wars that are not currently covered (including Somalia, Bosnia, Kosovo, and Afghanistan), wartime veterans of the only wartime time period not currently fully covered (Gulf War Era: AUG 2 1990 thru Present), and  the excluded post-1975 Cold War veterans to buy back up to three years of their active and honorable service.

5. Beyond the arbitrary and outdated nature of current law, current law also blatantly and shamefully  discriminates against women. Because women were officially and legally banned from combat units, the combat zone, and actual combat  during most of our past conflicts, many women veterans are now ineligible for military service credit.

6. All military veterans working for the federal government are eligible to 'buy back' their honorable military years - regardless of specific date, location, conflicts, theatre of war, etc. This bill properly aligns New York State with the commonsense federal practice.

7. Here are the current guidelines from the ERS website for veteran New York State employees looking to purchase military service performed prior to their state employment. (For different situations [service interrupting state employment, etc,] see the  same website.] )  When (if) the governor signs, simply cross out all bullets under the "in addition......." paragraph

Rules for Receiving Military Service Credit Under the Various Statutes of Law

Article 20 of the Retirement and Social Security Law

Eligibility

Veterans must:

• Have been honorably discharged;
• Have at least five years of credited service in the Retirement System; and
• Have not received credit for this service in any other public retirement system in New York State.

In addition, some or all of the military service must have been during one or more of the following periods:

• World War II (12/7/41 – 12/31/46)
• Korean War (6/27/50 – 1/31/55)
• Vietnam Era (2/28/61 – 5/7/75)
• Theater of operations including Iraq, Kuwait, Saudi Arabia, Bahrain, Qatar, United Arab Emirates, Oman, Gulf of Aden, Gulf of Oman, Persian Gulf, Red Sea and airspace above these locations (8/2/90 – present)
• Service in one or more of the following military conflicts provided an Armed Forces, Navy or Marine Corps Expeditionary medal was received in connection with this service:
  • Lebanon (6/1/83 – 12/1/87)
  • Grenada (10/23/83 – 11/21/83)
  • Panama (12/20/89 – 1/31/90)

Your Cost

For Tier 1, 2, 3, 4 and 5 members, the cost will be 3 percent of the compensation you earned during the year of credited service immediately prior to our receipt of your application, times the number of years of military service being claimed. These payments are not deposited into your contribution account and are not available to borrow against with a Retirement System loan.
For Tier 6 members, the cost will be 6 percent of the compensation you earned during the year of credited service immediately prior to our receipt of your application, times the number of years of military service being claimed. These payments are not deposited into your contribution account and are not available to borrow against with a Retirement System loan.

8. The military service credit buyback bill  is vital because it removes the  arbitrary, artificial, and outdated restrictions in current law; repairs the discriminatory effect of current law on female veterans; aligns New York with commonsense federal practice; and  recognizes the invaluable service and sacrifice of all NY's honorably discharged veterans to our nation and state.

 

Below are some servicemen and servicewomen New York legislators  have now decided deserve  military service credit...is 2014 the year the governor  does the right thing? NO!


US Patriot Missile Soldiers in Tel Aviv during Desert Storm just prior to shooting down SCUD missiles over Israel. Not eligible for Military Service Credit in New York State under current law.

Somalia Veterans: Not Eligible in New York State for Military Service Credit. Two (posthumous) Medals of Honor were earned in their largest battle ("Blackhawk Down") prior to their return to upstate New York. Nevertheless, they are ineligible.

Navy SEAL Team Six (Service in U.S., Afghanistan, and Pakistan): Not Eligible  in New York State for Military Service Credit. These are the folks that killed Osama Bin Laden.

A Marine Corporal and Marine SGT lead captured Serbian troops during the 1999 war in Kosovo.

Both of these Marines, along with hundreds of others involved in the mission, received the

highly coveted Marine Corps Combat Action Ribbon. Nevertheless, they are excluded

form purchasing military service credit in New York State.

Cold War Veterans after 1975: Not Eligible in New York State for Military Service Credit. Preventing WW III, flying anti-sub patrols in the North  Atlantic, manning atomic weapons in the US and Europe, guarding the Fulda Gap, etc is not enough for military service credit in NY

Bosnia Veterans: Not Eligible in New York State for Military Service Credit. 11 Silver Stars and stopping genocide not enough for military service credit in New York

Korea DMZ Veterans: Not Eligible in New York State for Military Service Credit. Preventing another Korean War while serving thousands of miles away from home and loved ones in a cold war that frequently gets quite hot is not enough for military service credit in New York

Women Veterans: Shortchanged in New York State for Military Service Credit. Just a handful of the hundreds of thousands of female troops who served in the 1980s are eligible thanks to the archaic rules on women in combat units in effect during that decade. And thanks to NY's restrictive current laws on military service credit.

JTF Proven Force provided the air wing for the Northern Front in Operation Desert Storm and flew over 5000 tanker, bomber, fighter, and air-to-ground sorties from air bases in Turkey. Not only did it kill portions of Saddam Hussein's ground army it enabled the Kurds to survive. Despite this tremendous combat contribution to American success in the war, Turkey is an excluded location under Desert Storm in New York State for the purchase of military service  credit.

Sinai Peacekeeping Troops: Not eligible in New York State for Military Service Credit. Just some of the thousands of U.S. troops who have bravely served to keep the peace between Egypt and Israel  in the Middle East. Not important enough to be eligible.

Afghanistan Veterans: Not  Currently Eligible in New York State for Military Service Credit.

Two more Afghanistan soldiers not eligible for military service credit in New York. The soldier on the left, SPC Monica Brown, received the Silver Star for gallantry in combat. She wears a  82nd Airborne combat patch along with a Combat Medic Badge and Airborne Wings. Nevertheless, she is not currently eligible.

Equity in Gravestones but NO equity under NY's Military Service Credit Law

Current Law Discriminates Against Women - A6974 and S4714 Fix That

Article 20 of the Retirement and Social Security Law Currently States:

In order to 'buyback' up to three of their military years into the New York State retirement (pension) System Veterans must:
Have been honorably discharged;
Have at least five years of credited service in the Retirement System;
Not have credit for this service in any other public retirement system in New York State.

In addition, some or all of the military service must have been during one or more of the following periods:
World War II (12/7/41 – 12/31/46)
Korean War (6/27/50 – 1/31/55)
Vietnam Era (2/28/61 – 5/7/75)

Service in one or more of the following military conflicts provided an Armed Forces, Navy or Marine Corps Expeditionary medal was received in connection with this service:
Lebanon (6/1/83 – 12/1/87) (1)
Grenada (10/23/83 – 11/21/83) (2)
Panama (12/20/89 – 1/31/90) (3)

Theater of operations including Iraq, Kuwait, Saudi Arabia, Bahrain, Qatar, United Arab Emirates, Oman, Gulf of Aden, Gulf of Oman, Persian Gulf, Red Sea and airspace above these locations (8/2/90 – present) (4)


1. Lebanon: Essentially 0 women served with the Marines in Lebanon during that restrictive period. Of course scores of U.S. servicewomen treated (and donated blood to) the injured and dying in Landstuhl (Germany) and Frankfort (Germany) Hospitals following the bombing of the Marine Barracks (Beirut) but they did not receive the Expeditionary Medal so they are excluded from purchasing Military Service credit in New York under current law.

2. Grenada:Only 200 of the 8000-person Grenada Invasion force were female. (Source is here)

3. Panama: Only 650 of the 16,000-person Panama Invasion force were female (Source is here). At the time only 56% of positions in the army were open to women - none in the combat arms (source is here).

Thus, almost all the eligible New York State veterans from this era are male.  Females are essentially excluded by statute. Of the hundreds and thousands of women who served bravely in uniform in the 1980's, less than a thousand are eligible under New York's current military service credit law.

• Artice 20 of the RSSL is therefore discriminatory, females are overwhemingly shortchanged, and Article 20 must be amended via A6974 and S4714.

Why were so few females part of these three favored (in New York State law) conflicts? Certainly not by choice. Women were legally banned from combat units, combat planes, and combat ships - they were seen as too physically weak, 'fragile" and too 'emotional'. 

Lebanon, Grenada, and Panama occurred prior to these changes:

• 1992 The Defense Authorization Act repealed the long-standing combat exclusion law for women pilots.

• 1993 President Clinton signed the military bill ending combat exclusion for women on combatant ships.

• 1994 Defense Secretary Aspin approved a new general policy to allow Army women to serve with some ground combat units during fighting.

4. Theater of Operations: The last restrictions on women in combat were only lifted in 2013 and therefore even eligible veterans of Desert Storm and Operation Iraqi Freedom are disproportionately male. Further, in those two wars  women (and men) serving outside the combat zone but providing direct lifesaving support to the combat zone (including, of course, those serving at Landstuhl and Walter Reed Hospitals) are banned from purchasing military service credit in New York.

In this picture taken Aug. 29, 2011 a US soldier who was wounded in Afghanistan is carried out of the bus at Landstuhl Regional Medical Center in Landstuhl, Germany. (AP /Michael Probst). Neither the wounded soldier nor any of the Landstuhl medics and army nurses qualify to purchase New York State military service credit under current law.

Because A6974 and S4714  will expand eligibility to ALL servicemen and servicewomen who served honorably while on active duty, the discriminatory effect is erased.  If you are for gender equity and for honoring all our veterans in an equitable manner you will support A6974 and S4714.



5. Note to NYS Speaker of the Assembly, Are these Empty Words?

"The Assembly Majority has once again demonstrated its resolve and today passed the Women's Equality Act. From this point forward, we will work together with Governor Cuomo and with the advocates to hold accountable those elected officeholders who stand in the way of achieving our goal of full equality." 
  - Sheldon Silver, Assembly Speaker
Assembly Upholds Pledge to Protect and Defend Women's Equality in New York

Note To NYS Senate Majority Leader, Are these Empty Words?

 “The contributions and sacrifices made by New York’s active duty military, veterans, and their families are an inspiration to us all and I thank Governor Cuomo for holding this summit to help continue to explore the ways we can give back. My colleagues and I, led by Senator Greg Ball, Chairman of the Veterans, Homeland Security and Military Affairs Committee, are committed to building upon our efforts to ensure that veterans receive the benefits, support system, and opportunities they deserve.”
https://www.governor.ny.gov/press/03202013-veterans-and-military-families-summit


Note to NYS Governor, Are these Empty Words?

For too long New York's laws have not properly protected women's rights. These are significant problems, and big issues to tackle. But in New York, that's what we have always done. And as long as I'm Governor, that's what we will continue to do. 

 - Andrew M. Cuomo, Governor, New York State 

http://www.huffingtonpost.com/andrew-cuomo/womens-rights-are-human-r_1_b_3380829.html


6. Assembly Bill (A6974 - Military Service Credit Buyback for All Vets, 84 co-sponsors as of 20 May 2014) is now in the Ways and Means Committee (final stop before the vote in the full assembly). We cannot let it die in committee!

A Call the Committee Chair to place A69744 on the Committee Agenda now for a vote (use the below link).

• Assemblyman Herman Farrell, Jr. Ways and Means Committee Chair.(A co-sponsor of A6974) (518) 455-5491. Ask him to put A6974 on the next Committee Agenda.

7. Senate Bill S4714 (Military Service Credit Buyback for All NY Vets, 44 co-sponsors in the Senate as of 20 May 2014) is now in the Senate Finance Committee (final stop before a full Senate vote).We cannot let it die in committee!

A Call the Committee Chair to place S4714 on the Committee Agenda now for a vote (use the below link).

• Sen. John A. DeFranciscoSenate Finance Committee Chair. (A co-sponsor of S4714)(518) 455-3511. Ask him to put S4714 on the next Committee Agenda.

New York City Council Endorses A6974/S4714

The New York City Council endorses A6974/S4714 -  joining The American Legion, The Veterans of Foreign Wars (VFW), Jewish War Veterans, The Transit Workers Union, The AFL-CIO, The New York State Council of Vietnam War Veterans of America, and the Public Employees Federation.

Council Passes Ulrich Resolution Supporting Military Buyback Bill in Albany

June 5, 2014

City lawmakers passed Councilman Eric Ulrich’s resolution supporting legislation in Albany that they said would better protect the state’s veterans. Photo courtesy William Alatriste/NYC Council

City legislators last week backed Councilman Eric Ulrich’s (R-Ozone Park) resolution calling on state lawmakers to pass and sign legislation that would allow veterans who served in the military during peacetime to more equitably participate in the state’s retirement systems.

The state legislation, sponsored by state Sen. William Larkin (R-New Larkin) and Assemblywoman Amy Paulin (D-Scarsdale), would allow veterans who rendered peacetime military service to purchase and apply up to a maximum of three years’ credit towards the state’s retirement systems. Current law permits active public employees who served in the military during specific conflicts to purchase credit for their military service. No individuals who served after Feb. 28, 1991 are eligible for buyback – including those who were in Iraq, Afghanistan, Bosnia, and Somalia.

As a result, Ulrich, who is chairman of the Council’s Veterans Committee, said the law in its current form excludes all peacetime veterans.

“This bill acknowledges the value of all veterans who served our country,” Ulrich said. “These brave men and women were ready for action if their country beckoned, and they should be entitled to buy back their military time. Albany should pass this legislation swiftly and give all our veterans the respect they deserve.”

Paulin said that the bill is “about the equal and fair treatment that all veterans deserve.”

“If you are in the armed services, you are called upon to put your life on the line at a moment’s notice,” Paulin continued. “That, above all else, entitles you to certain things. The pension buyback is one such program. To put restrictions on when you can participate in the pension buyback program is not acceptable.”

The state legislation has not only drawn support from the City Council, but from a number of other groups, including the Jewish War Veterans, the Transit Workers Union, the AFL-CIO, the New York State Council of Vietnam War Veterans of America, and the Public Employees Federation.

“The people who serve do so voluntarily, and we need to do everything we can to show our appreciation for their service to this country,” Paulin said. “They are the ones who are called upon to protect us. It is up to us to protect them as well whenever possible.”
By Anna Gustafson

De Blasio is a different issue:
Preparation of the battlefield for potential

5. Confront Mayor de Blasio of NYC via letters to the press, marches, communications with the supportive NYC Council, etc.

     a. Mayor de Blasio, who opposed the bill last year, is an ideological enemy of this  'equity for all veterans' bill (although he cloaks his argument in dramatic and inflated fiscal terms).
     b. He was firmly on the side of communism during the Cold War (NYT Article here) and actively worked in New York City  and in Nicaragua for the communist Sandinistas . He toured the Soviet Union and even honeymooned in Cuba.
    c. In his world, the US military represents a force for oppression and, worse than  that, led the US to victory over communism in the Cold War.
    d. It would be unreasonable to expect him  to support a  bill  finally honoring  US Cold War veterans. A portion of them actually fought in El Salvador against communism the exact same time he worked next door in Nicaragua supporting communism. His side lost.
    e. Even if he could conceal his outrageous  communist past, as a committed 'progressive' de Blasio's concerns are   race-class-gender-sexual orientation  issues.  Military (and ex-military) folks are simply not a priority when weighed against that constituency.
     f. This (e) also explains his lack of concern for mistreated women veterans in the the context of military service credit - their membership within the oppressor class (military/ex military/Cold War victors) trumps their mistreatment under current law.
     g. This (e) also explains his peculiar letter opposing the bill last year. On the one hand he  fully and repeatedly endorses extending military service credit to all wartime veterans. Wartime veterans constitute the VAST majority of veterans who would benefit from this bill since the current wartime era runs from 1990-Present (25 years). Note that all veterans are already covered from 1961-1975. Thus, only one short 15 year (1975-1989) non-wartime period is covered by the bill.
        His letter particularly and peculiarly focuses on denying veterans of this period - and only of this period - pension service credits (equity and honor). He repeatedly refers to this Cold War period with the derisive descriptor 'peacetime' and repeatedly insists veterans of this period (and this period alone) are unworthy of military service credit. Of course, this is the very period in which the US won the Cold  War and these are the very veterans most often credited with stemming the tide of communism in Latin America (and beyond).  As a matter of fact this is the precise period representing his deepest and actual on-the-ground commitment to communist victory.
       His pretextual concern with his own inflated cost estimates cannot camouflage his ideological resentment towards the victorious Cold War veterans.

6. The Message (feel free to use any of the ideas presented in any and all letters newspapers, individuals, etc):

     The bill will primarily impact  wartime service veterans. Excluded US veterans, who served in Afghanistan, Bosnia, Guantanamo Bay, Germany, Israel, Italy, Kosovo, Okinawa, Somalia, South Korea, United States  and in all but a handful of nations during the current wartime (Gulf War Era, 1990-Present) era are seeking pension equity with currently qualifying veterans.

     Veterans  from the much shorter  Cold War period (1976-1989) will also qualify. Women from this period are particularly concerned because they were all but banned (via now-repealed discriminatory laws) from the three short periods within this Cold War  period that currently  qualify to purchase  military service credit.

    You may or may not be aware that under current law all military veterans who served anywhere during the wartime Vietnam Era (1961-1975) already qualify to purchase military service credit.


Rumor Control:

1.Rumor: The VFW and The American Legion, veterans groups comprised solely of wartime veterans, were tricked by the false and goofy (and unofficial) description of the bill into thinking the bill did not cover wartime veterans. And this accounts for their low profile at a time high profile support is needed.

Truth: The VFW and The American Legion were tricked by the false and goofy (and unofficial) description of the bill and did not realize the VAST majority of veterans covered in A04313A/SO4124 are wartime (1990-Present) veterans and many of those include the currently excluded Afghanistan combat veterans. The Legion now fully supports the bill (see their Legislative Guide) but their strength is not high-energy interviews, demonstrations, and soundbites.  The idea of having thousands or tens of thousands of their NY members converge on the Governor's mansion or New York City Hall demanding equity and honor for all veterans simply does not occur to them. Their appetite for a  grassroots and public  fight for a bill effecting many of  their youngest members and numerous potential members is  - to be kind - wildly subdued. Essentially nonexistent.(NB: I am a 25 year member of the American Legion.)

APRIL 29th 2014 - A Great Day In Albany for Veterans

Thanks to Don Nance for the photos of some highlights of a great  day at the capital in support of A6974 and S4714 (Military Service Credit to ALL Veterans)

Morning meeting with fellow vets and union officers just prior to deploying to the Capital building.

Successful committee vote moving A6974 out of Governmental Affairs into Ways and Means

Assemblywoman Paulin (Original Sponsor, A6974) makes an impassioned speech to the press and others following the successful vote moving A6974 out of the Governmental Employees Committee  to Ways and Means. She repeatedly and eloquently made the points that current military service credit statutes are both arbitrary and out-of-date...and that military service people do not choose where they serve. She is a great! By the end of the day 77Assemblypersons were signed on as co-sponsors.  She was joined by several of A6974's co-sponsors who spoke out strongly in support also! Thanks to all.

This photo is from Assemblywoman Paulin's own website and the following is the accompanying writeup:

Albany – Assemblywoman Amy Paulin [D-88] hosted a press conference Tuesday afternoon in the Capitol to discuss her bill that would amend the veteran’s pension buyback program [A6974/S4714].

The bill would remove the dates of service requirements from the military pension buyback program. The program allows State employees to buy back up to three years of pension credit after five years of employment if they served in the military and received an honorable discharge.

The law currently lists specific dates targeting those who were in combat but does not limit the buyback to combat veterans. While better than 90 percent of veterans of declared wartime do not see active combat, they still benefit from the law as it is currently structured. However, under the current law, no vets that served after February 28, 1991 are eligible for the buy back. This includes those who served in Somalia, Bosnia, Kosovo, Iraq and Afghanistan.

“This is about the equal and fair treatment that all veterans deserve,” Paulin said. “If you are in the armed services, you are called upon to put your life on the line at a moment’s notice. That, above all else, entitles you to certain things. The pension buyback is one such program. To put restrictions on when you can participate in the pension buyback program is not acceptable.

“The people who serve do so voluntarily and we need to do everything we can to show our appreciation for their service to this country. They are the ones who are called upon to protect us. It is up to us to protect them as well whenever possible.”

The bill currently has 75 Assembly cosponsors and 37 Senate sponsors. Senator William Larkin [R-39] is the primary Senate sponsor. The bill has drawn the support of Jewish War Veterans, The Transit Workers Union, the AFL-CIO, New York State Council of Vietnam War Veterans of America, The Public Employees Federation and the NYS Association of PBAs.


Note from the Veteran State Employee: The American Legion is fully on board too (see below post).

AMERICAN LEGION ON BOARD FOR REAL MILITARY SERVICE CREDIT FOR NY VETERANS

Excerpted from the American Legion's bi-weekly Legislative Update (27 April 2014). Find the most current at: "Legislation the American Legion Urges NY State to Act On"

The American Legion: The world's largest veterans organization
Latest News

FRIDAY, APRIL 25, 2014

• Vets to Show Support for Military Buyback Bill

  ALBANY — Veterans groups will join Assembly Member Amy Paulin for a press conference at 1 p.m. Tuesday, April 29, on the Million Dollar Staircase in the Capitol Building to demonstrate support for the Military Buyback Bill (A6974/S4714), reports Greenlawn American Legion Post 1244 mermber Bob Browne.
  A press release from Paulin explains that the legislation would amend the New York State Retirement and Social Security Law to allow public sector workers who were honorably discharged from the military to purchase up to three years of credit towards their pension. Currently, Article 20 of the Retirement and Social Security Law excludes all peacetime veterans and even some who served during designated periods of conflict from Desert Storm to the present day.
  Paulin, the Assembly’s lead sponsor, notes: “All of the men and women who served in our military should be able to take advantage of the veteran’s service credit buy back. The current law, which makes this opportunity dependent on the dates served, is unfair. Everyone who joins the armed forces takes a risk that they will see combat. Luckily most of our soldiers never see that risk realized including those who get the buy back now. Moreover, this legislation will encourage more young people to serve our country – both in the military and as public employees. “

APRIL 29 2014: RALLY IN ALBANY FOR REAL MILITARY SERVICE CREDIT

The day is here...the cause is just...fight for equity and honor for all NY's Veterans! Get in touch with your NYS union and/or call the contacts on the below flyers! Go to Albany April 29th 2014 and MAKE IT HAPPEN.



SEE YOU THERE!

Amend the New York Law - Honor ALL our Veterans

Introduction and Call To Action 

Now, the January -June 2014 Legislative Year, is the time to amend the  well-intentioned but  inequitable, arbitrary, inadequate, and discriminatory  law (Article 20 of the Retirement and Social Security Law / Chapter 548 of the Laws of 2000) that allows  only a limited   portion of our honorably discharged veterans to purchase military service credit for New York state pensions.  Take the quiz and see if you agree...then support the pending bills shown:

Quiz

1. You enlist in the army on May 7, 1975, spend your entire three year enlistment as a cook at Fort Dix, New Jersey and are honorably discharged. You now work for New York State. Do you qualify to purchase up to 3 years of military service for pension credit under current New York State law?  
Answer: Yes
Explanation: New York honors some of its military veterans with the law, below.        

2. You enlist as a military policeman on May 8, 1975 and spend your entire three year enlistment in the 2nd Infantry Division  on the Demilitarized Zone (DMZ) in South Korea  and are honorably discharged. You now work for New York State. Do you qualify to purchase up to 3 years of military service for pension credit under current New York State law?
Answer: No
Explanation: New York honors some of its military veterans with the law, below

3. You enlist in 1983 and serve 10 years in field artillery including Cold War  service in Fulda, West Germany and   TASK FORCE EAGLE during OPERATION JOINT ENDEAVOR (Bosnia). You receive a Purple Heart,  Bronze Star, and  the Armed Forces Expeditionary Medal for your  service in Bosnia and are honorably discharged. You now work for New York State. Do you qualify to purchase up to 3 years of military service for pension credit under current New York State law?
Answer: No. Combat service in Bosnia is not honored in New York.
Explanation: New York honors some of its military veterans with the law, below.

4. You enlist in the infantry in 1990 and serve four years. In your only overseas deployment  you are awarded the coveted Combat Infantryman's Badge following heavy combat in Somalia including the "Backhawk Down" battle and you are honorably discharged. You now work for New York State. Do you qualify to purchase up to 3 years of military service for pension credit under current New York State law?
Answer: No. Somalia combat veterans are not honored in New York.
Explanation: New York honors some of its military veterans with the law, below.

5. You are a male and you enlist with your female twin in 1989 as a finance clerk and you both serve three years at Fort Bliss, Texas.  You are  temporarily reassigned to a departing Fort Bliss Cavalry unit  for 20 days in September of 1990 and travel with them to help unload and guard their ground radar equipment at an undisclosed airport in Saudi Arabia.  You return to Fort Bliss. Your  female twin  is rejected for the temporary reassignment as she is a female and therefore legally excluded from the Cavalry assignment.  You are both discharged honorably.You now both work for New York State. Do you qualify to purchase up to 3 years of military service for pension credit under current New York State law?
Answer: Yes  Does your female twin? No. Women are routinely discriminated against for military service credit in New York.
Explanation: New York honors some of its military veterans with the law, below

6. You are a New Yorker outraged after the 9/11 attack on the World Trade Center, you enlist in the Navy two weeks later and you ultimately qualify as a Navy Seal. While part of Seal Team Six stationed in Afghanistan you (and your team) fly to Pakistan and shoot Osama Bin Laden in one of the most daring missions of war. You now work for New York State. Do you qualify to purchase up to 3 years of military service for pension credit under current New York State law?
Answer: No. Afghanistan and Pakistan combat service are not honored in New York.
Explanation: New York honors some of its military veterans with the law, below.


7. You and your identical twin enlist in the army in 1988 as Patriot missile crewmen. During Desert Storm you and your unit fly to Israel,  set up missiles,  and shoot down 3 incoming SCUDS over Tel Aviv. You receive a hero's welcome in Israel and a hero's welcome back home to Fort Bliss after the war. Your twin departs the same day as you depart the US but arrives in Qatar where his unit does not engage any missiles at all because no SCUDS are fired in that direction.  He receives the same welcome as you when he returns to Fort Bliss. Do you qualify to purchase up to 3 years of military service for pension credit under current New York State law?
Answer: No...combat service in Israel during the war is not honored! Does your identical  twin? Yes
Explanation: New York honors some of its military veterans with the law, below.

8.  You and your identical twin enlist in the army in 2002 and serve  four years. Your service includes two combat tours in Afghanistan and you are awarded the Combat Infantryman's Badge, Purple Heart, Bronze Star and the Afghanistan Campaign Medal.  Your twin's service does not include any tours in Afghanistan but does include one  3-month noncombat tour at a logistics base in peaceful Bahrain  You are both honorably discharged. You both now work for New York State. Do you qualify to purchase up to 3 years of military service for pension credit under current New York State law?
Answer: No. Combat service in Afghanistan is not honored. Does your twin? Yes
Explanation: New York honors some of its military veterans with the law, below.

Present law is inequitable, arbitrary, inadequate, and outdated:

Article 20 of the Retirement and Social Security Law

Eligibility

Veterans must:

• Have been honorably discharged;
• Have at least five years of credited service in the Retirement System;
• Not have credit for this service in any other public retirement system in New York State.

In addition, some or all of the military service must have been during one or more of the following periods:

• World War II (12/7/41 – 12/31/46)
• Korean War (6/27/50 – 1/31/55)
• Vietnam Era (2/28/61 – 5/7/75)
• Theater of operations including Iraq, Kuwait, Saudi Arabia, Bahrain, Qatar, United Arab Emirates, Oman, Gulf of Aden, Gulf of Oman, Persian Gulf, Red Sea and airspace above these locations (8/2/90 – present)
• Service in one or more of the following military conflicts provided an Armed Forces, Navy or Marine Corps Expeditionary medal was received in connection with this service:
  • Lebanon (6/1/83 – 12/1/87)
  • Grenada (10/23/83 – 11/21/83)
  • Panama (12/20/89 – 1/31/90)

This shorthand of the law can be found at The New York State Comptroller's Site 
See  Chapter 548 of the Laws of 2000 for the full language of the law.

 Pending Bills to Amend the Law...Linked and Updated

SO4714 (Credit to ALL Veterans)  (46 Sponsors, as of 10 June 2014)

Date          Chamber Action
06/10/2014 ORDERED TO THIRD READING CAL.1247
06/10/2014 COMMITTEE DISCHARGED AND COMMITTED TO RULES
2014-02-26 Senate PRINT NUMBER 4714A
2014-02-26 Senate AMEND AND RECOMMIT TO FINANCE
2014-01-08 Senate REFERRED TO FINANCE
2013-04-19 Senate REFERRED TO FINANCE

A06974 (Credit to All Veterans)  (87  Sponsors, as of 10 June 2014 ) (COMPANION BILL TO S04714)

Date                   Chamber Action

06/11/2014 print number 6974b

06/11/2014 amend (t) and recommit to ways and means

2014-04-29

Assembly

reported referred to ways and means

2014-02-26 Assembly print number 6974a
2014-02-26 Assembly amend and recommit to governmental employees
2014-01-08 Assembly referred to governmental employees
2013-04-29 Assembly referred to governmental employees


S06400 (Credit to All Veterans)  (7 Sponsors)

Date              Chamber Action
2014-01-21 Senate     Veterans, Homeland Security and Military Affairs

S05807 (Additional 18 Months Service Credit for those Already Qualifying Who Have a Disability)


Date            Chamber     Action
2014-02-04 Senate PRINT NUMBER 5807A
2014-02-04 Senate AMEND AND RECOMMIT TO FINANCE
2014-02-04 Senate REPORTED AND COMMITTED TO FINANCE
2014-01-08 Senate REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
2014-01-08 Assembly returned to senate
2014-01-08 Assembly died in assembly
2013-06-20 Assembly referred to ways and means
2013-06-20 Senate DELIVERED TO ASSEMBLY
2013-06-20 Senate PASSED SENATE
2013-06-20 Senate ORDERED TO THIRD READING CAL.1546
2013-06-17 Senate REFERRED TO RULES


A07942 (Additional 18 Months Service Credit for those Already Qualifying Who Have a Disability)

Date Chamber Action

2014-04-29

Assembly

reported referred to ways and means

2014-02-10 Assembly print number 7942a
2014-02-10 Assembly amend and recommit to governmental employees
2014-01-08 Assembly referred to governmental employees
2013-06-13 Assembly reported referred to ways and means
2013-06-11 Assembly referred to governmental employees

You Can Make a Difference

1. Email your NYS Assemblyman or Senator to cosponsor or support all of the above bills...it is easy:

• Find and email or call  your NYS Assemblyman here: (Note, assembly bills start with 'A' - urge support of those bills)

• Find and email or call  your NYS Senator here: (Note, Senate bills start with 'S' - urge support of those bills)

2. Call/email your local's legislative affairs officer and/or political action officer to put military service credit as a priority. And follow up. There is a process for this that varies from union to union but all our unions lobby Albany for legislative action. This is precisely why we pay our union/association dues.

• Here is one great example from The Transport Workers Union - lobbying hard for real Military Service Credit in Albany (Thanks to one of this blog's readers [and outstanding military service credit activist] for this link)

 

My Story

   I enlisted in the army in 1986 and I served with the 3rd Armored Division (Spearhead!) in West Germany for three Cold War years (1987-1990).  
        
    Following this 3-year tour I was retained at Fort Bliss Texas on 'Stop Loss' for an additional eight  months as an Air Defense trainer (during Desert Shield/Storm). I was honorably discharged after a full 4 years  and 10 months of active  military service. I did not qualify under Chapter 548 of the Laws of 2000 because I served during (but not in theatre) a period of war.

Later and while still working as a state employee, I was  mobilized out of the Reserves in 2004 and sent for an individual  6-month active duty tour to Afghanistan that also included two weeks in Camp Doha, Kuwait. I served in the  CJTF180/76 Headquarters  for both the 10th Mountain Division and then  the 25th Infantry Division at Bagram Airfield in Afghanistan. I was honorably released from active duty after 185 days of service and returned to my state job.

Knowing  I now had over five well-documented years of active and honorable military service and  service in theatre according to Chapter 548 of the Laws of 2000 (see law above,  peaceful Kuwait was the key ), I applied  to purchase  three years of military service in 2005. 

My application was denied. According to my retirement system,Chapter 548 of the Law only permits my purchase of 6 months and not 3 years. My service in West Germany during the Cold War and my service at Fort Bliss during Desert Storm are not covered under the current law. And connecting  periods of service is inexplicably not permitted.This is not a coherent law, it is a  BINGO game and I lost.

 I then studied the law and came to a realization that we have real military service credit (as we should) for those who served at least one day prior to May 8, 1975 but an inequitable, arbitrary, inadequate, and outdated law covering those who served only after that date.

Over the last fourteen years, several bills to actually honor ALL of our military veterans have been proposed in the NY House and Senate - only to die in committee.

And now, in a state that honors its vets, it is time to amend and repair the law.

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