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 Beyond the arbitrary and outdated nature of current law, current law also blatantly and shamefully  discriminates against women.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.)