Saturday, December 5, 2015

Happy Veterans Day - Great News for Veterans

Awesome  Breaking News...Read the carefully constructed and carefully written press release  here .


This is a HUGE step forward for NY's excluded veterans.  

       A close reading of the press release (again, here) indicates the stakeholders' concern with excluded   (Afghanistan, Somalia,  etc) combat veterans and with women veterans denied the opportunity for earning service credit during wartime and conflicts. 
      Thus Assembly Woman Paulin's quote:
"...veterans who served in these conflicts have been unfairly excluded from purchasing pension credit for far too long. I am especially pleased that women veterans who have been disproportionately excluded, will finally be able to obtain the benefits they are entitled to.

Also in the mutually agreed quote:
"...expand the pool of eligible veterans that were not previously covered by law and will also remove restrictions that prevented women from being eligible for the additional pension credit because of prior military policy that barred women from being deployed to a military conflict." 
And in an excerpt from the final quote:
"....including everyone who served during conflicts as well as our sisters who were not eligible to serve in combat - to buy back military time for their pensions."
       Reforming the program to include the overlooked combat veterans and all those who served during our recognized conflicts and wars seems a safe way to describe aims of all those quoted in the press release. 

       In response to the governor's double and override-proof veto (2014 and 2015) of The Veterans' Equality Act, this site has already suggested important, wise,  and realistic reforms to the current buyback law. The press release does present very similar ideas. See this site's propsed reforms here.

        The absence of other categories of veterans from the press release should not be read as their complete exclusion from military service credit reform.    Look for more info and active negotiations as we approach the Governor's budget (early January 2016) and later April 1, 2016 budget deadline.


 ________________________________________________________________________________



Initial Press Coverage:

http://blog.timesunion.com/capitol/archives/243207/following-veto-cuomo-agrees-to-push-for-veteran-pension-credit-legislation/

http://www.capitalnewyork.com/article/albany/2015/11/8582558/cuomo-plans-push-veteran-measure-he-previously-vetoed   

http://www.wgrz.com/story/news/politics/2015/11/11/on-veterans-day-ny-reaches-deal-on-veterans-pension-credits/75590480/

http://www.ny1.com/nyc/all-boroughs/news/2015/11/11/governor-cuomo-expands-federal-aid-to-military-vets-on-veterans-day.html

http://www.pressconnects.com/story/news/local/new-york/2015/11/11/state-reaches-deal-veterans-pension-credits/75602932/

http://www.wgy.com/onair/chuck-and-kelly-40688/governor-does-about-face-on-vets-14115340

http://www.newsday.com/long-island/politics/spin-cycle/agreement-reached-on-veteran-pension-benefit-bill-1.11112621

IAVA Press Release 

APRIL 29, 2014...Indefatigable Assemblywoman Paulin and Others Marshalling the Troops...her legislative commitment to this bipartisan cause matched only by her friend Senator Larkin

Tuesday, December 1, 2015

Learning from the Double Veto: Important and Achieveable Military Buyback Reform in NY


After the disappointing November 2014 override-proof veto of  The Veterans' Equality Act/Veterans' Buyback Bill and again after the equally disappointing November  2015  override-proof veto for the identical legislation,  smarter proposed reforms to the current buyback program are in order. The most offensive defects of the inadequate Laws of 2000 are cured with a  buyback option for: 

   1. All who served honorably during  a Federal Wartime Era.  :


 Would look like this in the Law of 2000 (Bold is Added Text):

 1.  A member, upon application to such retirement system, may obtain a
    4  total not to exceed three years of service credit for up to three  years
    5  of  military  duty, as defined in section two hundred forty-three of the
    6  military law, if the member was honorably discharged from  the  military
    7  and  all  or  part  of  such  military  service was rendered during the
    8  following periods: (a) commencing  December  seventh,  nineteen  hundred
    9  forty-one   and  terminating  December  thirty-first,  nineteen  hundred
   10  forty-six; (b) commencing June twenty-seventh,  nineteen  hundred  fifty
   11  and  terminating  January  thirty-first, nineteen hundred fifty-five; or
   12  (c) commencing February twenty-eighth, nineteen  hundred  sixty-one  and
   13  terminating May seventh, nineteen hundred seventy-five; or (d) commencing August second, nineteen hundred ninety and terminating upon the cessation of hostilities

and (text to be omitted)


d)  hostilities  participated in by the military forces of the United
   37  States, from the second day of August, nineteen hundred ninety,  to  the
   38  end  of  such hostilities in case of a veteran who served in the theater
   39  of operations including Iraq, Kuwait, Saudi Arabia, Bahrain, Qatar,  the
   40  United  Arab  Emirates,  Oman,  the  Gulf of Aden, the Gulf of Oman, the
   41  Persian Gulf, the Red Sea, and the airspace above these locations. 

Note 1:  As illustrated, this would align the current   Gulf  War  Era with NY's past and present practice on the WW II, Korea, and Vietnam War Eras.

Note 2:  Afghanistan,  Bosnia, Kosovo and Somalia hostilities fall within this current federal wartime period

Note 3: Servicewomen during this federal Gulf War Era   were essentially excluded from the combat zone  or forbidden from certain combat assignments (infantry, armor, etc.). This reform fixes the effect of that discrimination. All combat and assignment restrictions on women will be lifted on January 1, 2016 (here).

 
   2. All who served honorably during  conflicts currently recognized in the Laws of 2000: Lebanon 6/1/83-12/1/87; Grenada10/23/83 -11-21-83; Panama12/20/89-1/31/90 (dates are already in current law).

Would look like this in the Law of 2000:

2.  A member, upon application to such retirement system, may obtain a
   15  total not to exceed three years of service credit for up to three  years
   16  of  military  duty, as defined in section two hundred forty-three of the
   17  military law, if honorably discharged therefrom, if all or part of  such
   18  services  was  rendered  in  during the military conflicts referenced below, as
   19  follows:
   20    (a) hostilities participated in by the military forces of  the  United
   21  States  in Lebanon, from the first day of June, nineteen hundred eighty-
   22  three to the first day of December, nineteen  hundred  eighty-seven,  as
   23  established by receipt of the armed forces expeditionary medal, the navy
   24  expeditionary medal, or the marine corps expeditionary medal;

   25    (b)  hostilities  participated in by the military forces of the United
   26  States in Grenada,  from  the  twenty-third  day  of  October,  nineteen
   27  hundred  eighty-three  to  the  twenty-first  day  of November, nineteen
   28  hundred eighty-three, as established by  receipt  of  the  armed  forces
   29  expeditionary  medal,  the navy expeditionary medal, or the marine corps
   30  expeditionary medal;

   31    (c) hostilities participated in by the military forces of  the  United
   32  States  in  Panama, from the twentieth day of December, nineteen hundred
   33  eighty-nine to the thirty-first day of January, nineteen hundred ninety,
   34  as established by receipt of the armed forces expeditionary  medal,  the
   35  navy expeditionary medal, or the marine corps expeditionary medal; or


Note: Servicewomen at this time were essentially excluded from the combat zone  or forbidden from certain combat assignments (infantry, armor, etc.). This reform fixes the effect of that discrimination. All combat and assignment restrictions on women will be lifted on January 1, 2016 (here).

   3. Veterans whose entire service was outside of these recognized wartime and conflict periods may purchase up to three years  'at full cost'.
  
  Note: The 'full cost' language from the Chapter of Chapter 644 of the Laws of 1998 would apply. This means that there would be no cost to the state or municipality and veterans would pay 100% of the incurred benefit as a purchase price. 


Keeping in mind that we must learn from the level of public and veterans' groups support for the bills (2014 and 2015) as well as the  double override-proof veto (2014 and 2015) from the governor - and the certainty he would continue in this manner - it is obvious that  only smart  reforms to the buyback program are in order.

Thoughts?