Welcome to (Article 20, RSSL) Chapter 41 of the Laws of 2016

 ALL specific questions should be directed to your retirement service. Do Not rely on your buddy for correct information. Do Not  call your legislator or one of the sponsors.



A Quick Q and A on Eligibility

1. Q   What are the general guidelines for eligibility under the new (Article 20, RSSL) Chapter 41 of the Laws of 2016 (From NYSLRS website, here)

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.

 This legislation allows current members who were honorably discharged from active military service to purchase up to three years of retirement service credit, providing they have at least five years of service credit, and have not received credit for this military service in any other public retirement system in New York State.

 
2. Q:  I've got three years of honorable and active service annotated clearly in block 12c on my  DD-214, I have a copy of that DD-214,  what do I do.?

A: Visit your  retirement service's (ex. NYSLRS, NYCERS, NYTRS, etc) website for the VERY simple directions or call your retirement services.

    Example: Updated military service credit information for NYSLRS (New York State Local Retirement System): Here. A second example is NYPD, here.

 Do not: Rely on your buddy for correct information

Do not : Call your legislator or one of the sponsors.


3. Q: I've got several different DD-214s indicating honorable active service in block 12c on each one, is that OK?

A: Yes, and visit your  retirement service's (ex. NYSLRS, NYCERS, NYTRS, etc) website for the VERY simple directions or call your retirement services.Do not:  Rely on your buddy for correct information. Do Not call your legislator or one of the sponsors.)


4. Q: I am (or was) in the Reserves or Guard and I never received a DD-214. What can I do?

A: You are ineligible. The sole purpose of MSC is to recognize that the active duty sacrifice made in defending this great nation meant a delay in beginning your state service. Ordinary Reserve/Guard  service imposes no such delay. You must have active military service (block 12c) categorized as honorable (block 24) on a DD-214 (Certificate of Release or Discharge from Active Duty).   Call  the retirement services for your system and/or visit their website to confirm this. Do Not rely on your buddy for correct information. Do Not  call your legislator or one of the sponsors.

5. Q: I am retired. What can I do?

A. You are ineligible. Call  the retirement services for your system and/or visit their website. Do Not rely on your buddy for correct information. Do Not  call your legislator or one of the sponsors.


A final note: Since this (MSC purchase and crediting) is a long-established process and is a common and ongoing function of  the various retirement services, expect this to be a smooth and glitch-free process. July 16 update: The process of purchasing and crediting has proven to be glitch-free as predicted. This successfully concludes the mission of this website/blog and no further updates are anticipated. Thank you.

   -- VSE

The Bill is Signed!

Excellent News. Great work and a heartfelt thanks to fellow veterans, interested public, veterans groups, union professionals, legislative sponsors and staffs,  and all others who fought so many years for equity and honor in NY's military service credit program. The simple and thoroughly bipartisan concept, that those who sacrificed years of their life in defense of this great nation (and great state) should be treated fairly, carried the day in New York.

A privilege and an honor working with all of you to achieve this.

          - VSE

S07160/A9531 Actions:

4/01/2016	REFERRED TO FINANCE
04/11/2016	1ST REPORT CAL.591
04/12/2016	2ND REPORT CAL.
05/03/2016	ADVANCED TO THIRD READING
05/05/2016	PASSED SENATE
05/05/2016	DELIVERED TO ASSEMBLY
05/05/2016	referred to ways and means
05/18/2016	substituted for a9531
05/18/2016	ordered to third reading cal.618
05/18/2016	passed assembly
05/18/2016	returned to senate
05/19/2016	DELIVERED TO GOVERNOR
05/31/2016	SIGNED CHAP.41
05/31/2016	APPROVAL MEMO.1

MAY 19: VEA DELIVERED TO GOVERNOR (REPLY BY 2 JUNE 2016)

     It is great to see the veterans publicly supporting  this legislation. They will highlight that:

    1. The buyback is a modest and much- needed reform to an existing program

    2. No one who served defending the United States (and New York State) should be disadvantaged in the pension system.

    3. The existing law hopscotches arbitrarily between veterans who served in various countries and during  various dates.

•      Excluded veterans  under the existing buyback program include some of our veterans  who served during  wartime and even excludes those who served in combat in Afghanistan, Somalia, and elsewhere.

  4. Women veterans  - by virtue of  odious and now-discredited and discarded statutes -  are particularly disadvantaged without this needed reform.


Related News:

Great letter today (23 May 2016) from Assemblyman Lalor

Call Governor Cuomo and Tell Him to Sign Veterans Equality Act

Dear Friend,

     We need your help to get the Veterans Equality Act signed into law. The bill is now on Governor Cuomo's desk. Cuomo has until May 31 to sign or veto the bill. He's vetoed it twice before, one time on the day before Veterans Day. He promised veterans that he would include the bill in this year's budget. That didn't happen, even though both the Democrat-led Assembly and the Republican-led Senate included it in their own budget proposals. Cuomo can fix that broken promise by signing the bill now.

     You can call Governor Cuomo at (518) 474-8390 and respectfully tell him to sign the Veterans Equality Act today and put all veterans on equal footing. Right now, for example, Iraq veterans are eligible to buyback up to three years of pension service credit for their time in the military, but Afghanistan veterans aren’t eligible. That makes no sense. All of the veterans this bill covers volunteered to serve in our armed forces and were willing to put themselves in harm's way for our country. Our state should treat them equally.
It would be great to have this bill become law this week as we head into the Memorial Day weekend. You can help make that happen.

      Call Governor Cuomo now at (518) 474-8390 and respectfully tell him to sign the Veterans Equality
Act.

Semper Fidelis,

Kieran
Assemblyman Lalor on the Passage of the Bill and Way Forward

A veteran of 3 tours in Afghanistan,  Kristen  Rouse of the NYC Veterans Alliance, makes a point in favor of the  Veterans Equality Act (VEA) at the veterans May 24 press conference

Veterans and Politicians Urge the Governor to sign the VEA at the veterans May 24 press conference

2016 VEA Passes in Senate (May 5) and Assembly (May 18), on to the Governor

I As promised by the sponsors following the stinging defeat in the budget process, both bills have  rapidly passed  the respective houses:

S07160/A9531 Actions: BILL NO S07160 04/01/2016 REFERRED TO FINANCE 04/11/2016 1ST REPORT CAL.591 04/12/2016 2ND REPORT CAL. 05/03/2016 ADVANCED TO THIRD READING 05/05/2016 PASSED SENATE 05/05/2016 DELIVERED TO ASSEMBLY 05/05/2016 referred to ways and means 05/18/2016 substituted for a9531 05/18/2016 ordered to third reading cal.618 05/18/2016 passed assembly 05/18/2016 returned to senate 05/19/2016 DELIVERED TO GOVERNOR

Governor Cuomo will veto, sign or negotiate.

II What we can do right now: Respond to falsities concerning the bill.

  A. When and where it is falsely described as a bill for 'peacetime service' (for example in the April 1 2016 Times Union article, here and again (!) on May 5, 2016 here) respond vigorously. Remind the author the majority of veterans who will be newly eligible for the existing military service credit buyback program  are wartime veterans of the current  Gulf War Era. Not peacetime at all. Further remind the author that combat veterans of Afghanistan, Bosnia, Kosovo, and Somalia (Blackhawk Down) are currently excluded from the existing buyback program and under the new bill will be eligible. Not peacetime either.

  B. When and where it is falsely described as a free benefit, respond vigorously.  Veterans want the opportunity to PURCHASE military service credit as part of the current and well-established  BUYBACK program. Our service in defense of the United States (and New York State) should not disadvantage us vis a vis our non-serving peers in the New York State retirement system.

  C. When and where it is falsely described as a large and expensive new program respond vigorously. It is a modest reform of a current program . Note that the original intent of the law is for all wartime veterans to be included and yet some  wartime veterans of the Gulf War Era are now excluded (and all of these veterans, of course, aided in the war effort). Those who served in active combat in Somalia and Afghanistan are among those excluded. Further, the contributions of peacetime soldiers (including Cold War soldiers) should be honored. 

D. Thank the American Legion for finally understanding the bill and almost correctly describing it (though they still don't seem to get that the majority of those to be covered are wartime vets and many of those served in the war zone and in active combat...they also don't seem to get that this will be a PURCHASE by the veterans.). Kudos on  awakening from a three-year stupor on this important legislation via this inclusion in the American Legion's Legislative Guide:

EXTENDS THE VETERANS SERVICE CREDIT LAW of 2000 TO ALL VETERANS WHO HAVE SERVED IN THE MILITARY

The bill offers veterans service credit to ALL veterans, not just Veterans who served "in theater." It will have a big impact on female veterans who served but were not "in theater" for their service. Provides up to three years of service credit to members of public retirement systems of the State for military service rendered during specified periods of hostilities, as well as so-called “peace time.” Requires such members to have at least five years of credited service, not including military service. In 2014 and 2015 the bill was passed by the Legislature, only to be vetoed by the Governor, who cited cost and failed to provide adequate funds in the budget. Sponsors Paulin & Larkin are aggressively pursuing a new Bill to be initiated & passed before the last session in June 2016. – A9531 – Paulin – 04/11/16 – Reported Referred to Ways & Means –

S7160 – Larkin - 04/12/16 – 2nd Report CAL.

  D. Educate yourself. Get to know these three slides intimately so you can explain the glaring inequities in the current military service credit buyback system.



 

Budget Failure for VEA...Back to Backing our Bill

I  Summary of Recent Events: The bipartisan and near unanimous VEA failed to make it into the 1 April 2016 NY State Budget despite the best efforts of Senator Larkin,  Assembly Woman Paulin,  the full support of every state veterans' group, every state public union,  and a full court press from interested veterans and their friends.


Governor Cuomo (and his allies in the Democratic Assembly) again has made it perfectly clear he is against the VEA. He vetoed it in 2014, he vetoed it in 2015, he negotiated against it in 2016 after promising to reform the current law, and now he has  prevented its presence in the 2016 budget. He has experienced no significant backlash to his actions against VEA, there is no possibility of overriding his vetoes,  and has cloaked himself in the false guise of fiscal responsibility. He will be the governor for at least the next 3 years.

II  Our way Forward: Senator Larkin and Assemblywoman Paulin will push (with our assistance) VEA through all the various committees and votes necessary to pass the bill in the legislative branch.

S7160 : Apr 01, 2016 referred to finance, Apr 11 2016  1st Report Cal. 591
A09531: Apr 11, 2016 reported referred to ways and means

Following that time, Governor Cuomo will veto, sign or negotiate the VEA.

III Respond to falsities concerning the bill.

  A. When and where it is falsely described as a bill for 'peacetime service' (for example in the April 1 2016 Times Union article, here) respond vigorously. Remind the author the majority of veterans who will be newly eligible for the existing military service credit buyback program  are wartime veterans of the current  Gulf War Era. Not peacetime at all. Further remind the author that combat veterans of Afghanistan, Bosnia, Kosovo, and Somalia (Blackhawk Down) are currently excluded from the existing buyback program and under the new bill will be eligible. Not peacetime either.

  B. When and where it is falsely described as a free benefit, respond vigorously.  Veterans want the opportunity to PURCHASE military service credit as part of the current and well-established  BUYBACK program. Our service in defense of the United States (and New York State) should not disadvantage us vis a vis our non-serving peers in the New York State retirement system.

  C. When and where it is falsely described as a large and expensive new program respond vigorously. It is a modest reform of a current program . Note that the original intent of the law is for all wartime veterans to be included and yet some  wartime veterans of the Gulf War Era are now excluded (and all of these veterans, of course, aided in the war effort). Those who served in active combat in Somalia and Afghanistan are among those excluded. Further, the contributions of peacetime soldiers (including Cold War soldiers) should be honored. 

  D. Educate yourself. Get to know these three slides intimately so you can explain the glaring inequities in the current military service credit buyback system.

           

Crunch Time: Call and Email, Call and Email, Call and Email

1. The hard cold facts:

    a. Funding to reform the military service credit program must be in  the one-house budget (March 14, 2016).  Done! Assemblywoman Paulin's 14 March announcement is here and Senator Larkin's 14 March announcement is here. 

    b.  Between 14 March and 1 April one-house budget items are added (or not) to the Governor's budget as amendments. VEA must survive the inevitable horse-trading and competing priorities of House, Senate, and Governor's office to become an amendment.  Veterans phone calling and emailing the right representatives at the right time  will prove decisive at this stage. VEA must be one of the amendments that survives to the ultimate budget.  FAILURE 31 March 2016.

ASSEMBLY

William Magnarelli, Co-Chair  518-455-4826  MagnarW@assembly.state.ny.us

SENATE

Hugh T. Farley, Co-Chair (518) 455-2181 Farley@nysenate.gov

   c. The final budget must contain the precise funding necessary to provide for any military service credit reform mutually agreed to in step b, above.*  The final budget will be voted by the Senate and House on April 1, 2016.

    d. The Governor may wield a line-item veto for any item he disagrees with. Discussions at 'b' above must forestall/prevent this possibility.

Any failure at a, b, or c means a definite governor  veto  (line item or bill) for military service credit reform (as occurred in both 2014 and 2015).

2. You (and all who support our veterans) must call and email**:

   a. Your State Assembly Representative (here)

   b. Assembly Speaker Heastie (518-455-3791, Speaker@assembly.state.ny.us)

   c. Assemblywoman Paulin (sponsor, 518-455-5585, PaulinA@assembly.state.ny.us)

   d. Your State Senator (here) 

   e. Senate President Flanagan (518-455-2071,  flanagan@nysenate.gov)

    f. Senator Larkin (sponsor, 518-455-2770, larkin@nysenate.gov ) 

 3. Message Discipline:

• Encourage him/her to fight to include the funded  VEA (A04313 and S04124) as an amendment to the Governor's budget. It is the priority for including all veterans in the current but outdated military service credit program.
• Remind the representative that the current system includes and excludes arbitrarily (Iraq - In, Afghanistan - Out, etc) and unfairly discriminates against female veterans.
• Remind the representative that your vital service to the defense of the United States (including New York State) should not work to your disadvantage in the New York State retirement system.
•  No whining, no backfiring arguments.

4. Move out!

 _______________________________________________________________________________

*All dates are subject to change

**More names will be added as I learn the names of the various table chairs during the process at 1, b, above.

Governor Cuomo AWOL on Military Service Credit Reform

Despite promising to work to reform and expand the state's military service credit program, the Governor failed to include any funding or any mention at all in his budget. His promise is here.


The Daily News noted this discrepancy here on February 8, 2016.


Assemblyman Kieren Michael Lalor has skewered the Governor in his February 16 letter here.

NYS Assemblyman Brian Curran  rallied for  the cause Friday, February 19, 2016, see video here

• His February 10th announcement for the rally/press conference is here

 This Governor's promise, of course, came after his  two consecutive vetoes (2014 and 2015) of bipartisan and widely-supported bills enacting military service credit  reform.

Best case scenario would have been an allocation in Gov Cuomo's budget proposal for an expansion of the program to cover certain of the excluded veterans (January 13) ...then an allocation in Senate and House budgets (released around March 15) to cover all excluded veterans ...then a compromise negotiation or trade-off between the two in the NYS final budget on April 1, 2016.

Since the best case scenario has not unfolded it may be that a compromise negotiation or trade-off between zero expansion (contents of the Gov Cuomo budget proposal) and Veterans' Equality Act (VEA) is now the best case scenario. To ensure this occurs, call your reps and the legislative leadership to get a funded VEA in the house budgets...success in our efforts will be revealed March 15 (or thereabouts).

Negotiations between the Governor's office and legislative staffers is ongoing.

The current law on military service credit, its most glaring defects, and the proposed cure presented by the two previously vetoed bills  (A04313 and S04124) are presented below:

The following illustrates  the particular absurdities and inequities in current law:

New Military Service Credit Bills for 2016

Notwithstanding any negotiations that may or may not have taken place for the 2016 legislative process, the following military service credit  bills have been reintroduced or   introduced (January 6, 2016):

 A04313 and S04124  Provides up to three years of service credit to members of public retirement systems of the state for military service rendered during times of peace; removes requirement that such military service occur during specified periods of hostilities; requi...

 S01101 (matching bill not yet reintroduced) Increases years purchaseable to 7 (seven) and adds Afghanistan, Bosnia, Kosovo, Pakistan, Somalia, Turkey (etc) to the list of  eligible geographic areas (w/certain dates)...

 A06453 and S04546  Provides credit to members of public retirement systems of the state for military service in certain hostilities in Afghanistan.

A07534 and S05065 Veterans retiring prior to 1998 who otherwise qualify for the military service credit program...

S04525 (matching bill not yet reintroduced) Adjusts dates for Lebanon (moves Lebanon start date 10 months prior to current start date)

S03033 (matching bill not yet reintroduced) Provides three years of retirement service credit to certain retirement system members discharged from military service due to injuries suffered during certain military conflicts even if they did not serve three years in the military.



There are other bills without matching legislation. See LegiScan

Horrid and self defeating language of  the twice-vetoed  A4313 and S4124 is repeated as presented.