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 | |||||||||||||||||||||||||||||||||||||||||||||||||
Congrats VSE. I guess we'll see who is included...but one thing is for sure....they will be veterans who honorably served their country. Maybe not all of us, but some of us...and that is great news...included or not. Well done!!!
ReplyDeleteIf the bill is signed, that means everyone is already included right?
ReplyDeleteWTG!
ReplyDeleteChapter 41 I guess is a retirement law concerning early retirement incentives. I found this ?
ReplyDeleteAN ACT to amend chapter 41 of the laws of 1997 providing a retirement incentive for certain public employees; and amending the civil service law and chapter 29 of the laws of 1996 amending the civil service law relating to voluntary transfer of state personnel, in relation to the effectiveness of certain provisions of such chapter 41 of the laws of 1997; and in relation to the eligibility of certain members of the New York State and local employees` retirement system
Yep. Expect the devil to come out!!!
ReplyDeleteWow - that's great! Thanks for the intel VSE. Please post up any additional info when you get it.
ReplyDeleteYep just a general chapter to make changes to current retirement system. Guess it's what is in the memo. Thanks Dusty !
ReplyDeleteJust my luck, after 2 years of disappointment I filed my paperwork on March 3rd with a retirement date of May 31st, 30 years and out. Solid cold war vet so would probably get locked out with the memo anyway. Congratulations to all who fought the good fight. Thanks go out to Col Larkin and Assemblywoman Paulin for all their effort and VSE for the years of hosting this blog, I salute you all.
ReplyDeleteYou might be retired but check to see if you were finalized. That can take a few months. If not, you MIGHT be able to buy back IF it's financially beneficial.
DeleteHad a friend here at work who did the same thing. The Retirement System delayed his full check last year in anticipation that the bill was going to be signed so he never received the full amount until they squared away his calculation for retirement (it was well over 6 months that he received a "reduced retirement check'). If you are not getting the full amount in your check then they may have held off and be able to apply if you act immediately.
DeleteTo follow up on my comments above...since the bill did not pass last year they finally squared away his payments so he is not eligible. Check with the retirement system immediately.
DeleteExcellent advice meltdownman (3:46): "Check with the retirement system immediately."
DeleteIt is never a bad time to remind folks that there is absolutely no representation that this (MSC purchase) is financially beneficial for all veterans. Exercise due diligence and caution. Everyone is different and is in different circumstances.
FYI, called the retirement system, was informed that since I was officially retired on May 31st I am not eligible to purchase 3 years of military time. You have to be an employee on or after that date to qualify, LOL boy can I pick them! Oh well on to the next chapter of my life, sell my house of 33 years and take my paltry NY State retirement to Florida HooWa!
DeleteThe Bill as I read it states that a member must make application before retirement. If you have made a prior application for this service credit before you retired You are eligible. the law would have to have exclusionary language stating that you must still be an active member,it does not. The only criteria is that it must be applied for prior to retirement.
DeleteGreat job VSE and everyone!
ReplyDeleteFantastic news!
This comment has been removed by the author.
ReplyDeleteDon't you have 14 days to withdraw
ReplyDeleteFYI: Chapter 41 means Chapter 41 of the Laws of 2016. Like chapters of a book, it is the 41st bill to become law this year.
ReplyDeleteOf course he waited until the last minute !
ReplyDeleteThis is a great result , our hats are off to the VSE !
The New York State Law database (online) is currently be updated. See (http://public.leginfo.state.ny.us/lawssrch.cgi?NVLWO:). To my knowledge, the Governor does not have to power to amend the bill himself and then sign it. All veterans are included. The Governor's "Approval Memo 1" is also not online yet either.
ReplyDeleteThe above being said, there may be a legislative "understanding/agreement" to further amend Article 20 of the Retirement and Social Security Law (as amended by Chapter 41 of the Laws of 2016) to change the requirement when a person can buyback their time, but such a bill would have to go through the same process as the VEA did. But lets not be so negative. All veterans can now purchase military service credit irrespective of dates and service locations!
ReplyDeleteThe Governor DOES have that power , they are called chapter amendments , he signs the bill , but with changes ( that have to be approved by the legislature). We do not know if he did that here , he may not have !
ReplyDeleteThat's NOT what a chapter amendment is. Scroll up and read "Anonymous June 1, 2016 at 3:30 AM"
DeleteThe VEA is officially "Chapter 41 of the Laws of 2016" as passed by the New York State Assembly and Senate.
Delete2016 APPROVAL MESSAGES (http://public.leginfo.state.ny.us/navigate.cgi?NVLIO:)
ReplyDeleteSelect "Lists" then select "Approval Messages". Refresh once or twice if necessary. This is not the Governor's Approval Memo.
DeleteBoth the Chapter text ans Approval Memo are not available on this link , that should change soon !
DeleteThat's AWESOME!!!!! I never expected to read this in a positive way...Congratulations to Senartor Larkin and VSE and everyone in between who made this happen!
ReplyDeleteAll I have to say is WOW, when can I apply?
ReplyDeleteI just emailed them MSUNIT@osc.state.ny.us, takes upto 90 days to process. See http://www.osc.state.ny.us/retire/publications/vo1854.php#military
DeleteOnce all the smoke clears vse please post links to larkin/paulin donation pages.
ReplyDeleteDoes the signed bill include ALL veterans regardless of time of service? This is copied from Sen. Larkin's website - "Provides credit to members of public retirement systems of the state for military service rendered during certain periods"
ReplyDeleteYes
DeleteThis is what I found digging around the internet:
ReplyDeleteChapter Amendments:
12. Once a bill passes both houses, the Governor's legal staff and advisers analyze the legislation from every perspective, solicit comments from agencies and interested parties and draft recommendations. The Governor makes the final decision to sign, veto or sign the bill with "chapter amendments" (a deal with the sponsor/s that an amending bill will be passed in the next legislative session to fix minor or technical problems.)
http://www.pssny.org/general/custom.asp?page=44
https://books.google.com/books?id=y6TnkDsdlr8C&pg=PA116&lpg=PA116&dq=what+are+%22chapter+amendments%22+nys&source=bl&ots=4MjRQEHQ5z&sig=fjMT1bymiHwW5Cs0ezvn0FsyeQk&hl=en&sa=X&ved=0ahUKEwiAkev47YbNAhVHeFIKHZakDV44FBDoAQggMAE#v=onepage&q=what%20are%20%22chapter%20amendments%22%20nys&f=false
DeleteRead pages 114 through 116....interesting reading on the history of the legislative process...if you are so inclinde
mission accomplished
ReplyDeleteThis is great news! I served in the USAF from 1983 until 1991. I was involuntarily extended for 6 months due to Desert storm/shield although I did not serve in the theater of operation. I'm currently a police officer for the city of yonkers. Am I eligible to buy back service credits now?
ReplyDeleteThanks to have everyone who made this possible especially VSE, Senator Larkin and Senator Paulin. Thank you from me and my family!
ReplyDeletedid the bill pass in its entirety.....where and when will we know??
ReplyDeleteHope everyone will pardon my cynical nature but I'm very anxious to see the final approval memo. For some reason I can't trust Cuomo. Beyond that, I'd like to give my heartfelt thanks to everyone who worked so tirelessly on this process. It has been a long time coming.
ReplyDeleteIf it didn't pass in its entirety, I would think there would be some mention of that in the legislative history, all the same, I'd like to see that memo too
DeleteLarkin posted all vets. No other details. Hopefully the bill has no changes.
ReplyDeleteAlbany Times Union Article on the new LAW: http://blog.timesunion.com/capitol/archives/249699/after-two-vetoes-cuomo-approves-veterans-pension-credit-bill/
ReplyDeleteThanks to have everyone who made this possible especially VSE, Senator Larkin and Senator Paulin. Thank you from me and my family!
ReplyDeleteOn Sen Larkin's Facebook page he said it was for all veterans.
ReplyDeleteLooks like it's signed in its entirety, subject to the legislature finding the money.Should we be concerned about that?
ReplyDeleteIts in the albany times union 5 years service and all veterans can buy back
ReplyDeleteWow...I am in shock! Awesome start to my day!!!
ReplyDeleteYes great news never thought he would pass it. All the calls and emails worked.
ReplyDeleteMy highest praise and respect goes to you, VSE, for fighting the good fight. Through your efforts to raise awareness, you have successfully ended a type of discrimination against many selfless veterans who chose to live in New York after their honorable service to our nation. Accolades also to Senator Larkin and Assywoman Paulin for their steadfast leadership. Thank you all.
ReplyDeletePutting my papers in the envelope right now. Off to Albany via US mail..Thanks to all that have been helping on this and all other Veterans issues
ReplyDeleteI am waiting to wake up from this dream. This Approval Memo.1 has me very nervous. Navy 76 - 80
ReplyDeleteVSE, (Senator) Lt Col. Larking and Assembly Woman Paulin, Thank You!! From my family and me.
ReplyDeleteApproval message is out. We got everything in the bill.
ReplyDeleteAPPROVAL MEMORANDUM - No. 1 Chapter 41
ReplyDeleteMEMORANDUM filed with Senate Bill Number 7160, entitled:
"AN ACT to amend the retirement and social security law, in relation
to providing credit to members of public retirement systems of
the state for military service; and making an appropriation
therefor"
APPROVED
I fully support the intent of this bill which honors the men and women
who serve our country and hereby approve this bill subject to the Legis-
lature appropriating sufficient funds to pay for the costs associated
with it.
This bill is approved. (signed) ANDREW M. CUOMO
AWESOME!!!! Way to go everyone!!!!! WOW!!!!
ReplyDeleteTHANK YOU VSE!!!!!!
ReplyDeleteThanks to everyone who called and emailed! Thank You- VSE, Sen Larkin and Assemblywoman Paulin for keeping up the fight. Nobody stops us Veterans when we stick together!
ReplyDeleteThank you VSE for your tireless effort getting this law passed. I am in total shock. It always bothered me to look at the old law and feel like my service wasn't valued. Looks like I'll be sending an email personally thanking Senator Larkin, Assemblywoman Paulin and Governor Cuomo for passing this law. I'm not sure I will buy my time but I am very happy New York State offically acknowledges my honorable service to our country. USAF 1981-1987
ReplyDeleteanyone familiar with nycers know how long it will take to change their requirement dates? Thanks
ReplyDeleteCall them, I did, they know nothing yet. The more calls they get the quicker they will get on it.
DeleteThis is such great news !!! Does anyone know if there is an updated application/form that needs to be completed to purchase the buyback. I just went to download the latest form and it does not reflect the latest changes
ReplyDeleteI just called the Pension Section (NYPD) and they are very aware of the new law and will be posting a new application on their website soon. He also said they are prepared to be very busy this summer!
DeleteVery well said above VSE, thank you!
ReplyDeleteAlso, thank you to Don M. I was reminded by someone here that his articles were a real boon for getting this off the ground in many ways.
DeleteThanks for that Jennifer! Your passion and energy in getting legislators and stakeholders on board was very impressive! We appreciate you too, very much! (Bob relayed your message too!) Don Mance
DeleteNYSTRS is in the process of creating a new form to accommodate the new law.
ReplyDeleteDust off those DD-214s!
http://www.osc.state.ny.us/retire/forms/rs5509.pdf
DeleteI would like to extend my gratitude to everyone that has contributed to communicating the importance and meaning of the Veterans Equality Act. Above all it serves as recognition for the sacrifices that we have made and the honor in which we all share in serving our country.
ReplyDeleteI would like to encourage everyone to contact every member of the Senate and Assembly and yes, the Governor's office and thank them for this. I know there has been a lot of animosity built up and some will refuse to do so but we are above that by having showed our commitment and respect for one another and our elected officials. The struggle was worth it so lets finish the mission on a positive note.
Sincerely,
Stephen Carolin
Oswego, NY
I concur. By making a show of thanks, we are also reminding them how many we are, and a voice to be reckoned with, should there be a next time for any other veteran issue.
DeleteThank you, Lord! Thank You, VSE! Thank you to Col. Larkin, to Assemblywoman Paulin, Speaker Heastie, and the rest of our legislature. Thank you to all of my fellow veterans! And, thank you Governor Cuomo!
ReplyDeleteThank you to all who worked so hard and did not give up the fight....Thank you and God Bless.
ReplyDeleteNYCERS has nothing on this yet.
ReplyDeleteI am a Tier 4 teacher. I have already paid 10 years into TRS. Does anyone know how this will work in my situation? Will I end up paying 13 years now? If this law had passed earlier, these 3 years would have counted towards my 10 years.
ReplyDeleteIf you purchase all three your credited service years in NYSTRS will go from 10 to 13. In my own case I will go from 21 to 24.
DeleteDoes anybody know if you use your 457b to pay for the buy back will you have to pay taxes on that? Or is it treated as basically a transfer from one retirement account to another?
ReplyDeleteAs far as I know from what my coworkers have done in the past with our 401b it was a direct transfer account to account. No penalty or taxation I am aware off
DeleteCalled the my 457 plan this morning. They said they just roll the money over. Do not think it is taxed.
Deleteit is not taxed , it is like a trustee to trustee transfer ! a painless way to buyback the time ! ( no out of pocket expenditures ! )
DeleteYou can't wipe this smile from my face !
ReplyDelete" flippitt is Leavin on that midnight train to Georgia"
DeleteCongrats brother.
Best of luck.
111?
DeleteI saw this unbelievable news here about an hour ago, but my hands couldn't type until now. Just when I thought my shock button was broken, I get so pleasantly shocked by this, our great news.
ReplyDeleteJustice for all.
Finally...
VSE, thank you for all your hard work. Thank you for keeping us together. Thank you for keeping us focused.
ReplyDeleteWhat do you think made the governor sign this time around as opposed to last year? (Who cares, he signed it) LOL.
Contact your retirement services (ERS, TRS, etc) with any of your questions.
ReplyDeleteThe good news is they are used to processing MSC requests since the program is up and running.
We'll see if they even have to whip up new forms.
yes , they will publish new forms ! I applied today using the old forms !
DeleteERS created a new form, just used it !
DeleteOut-FN-Standing effort everyone!
Thanks VSE, for this blog and your hand work over the yrs
ReplyDeleteI applied for this credit several years ago, and was rejected for not meeting in-theatre requirements. I retired in January, but my retirement is not yet finalized (full checks). So I contacted the retirement office and the guy I spoke with said they were sort of blindsided by this. He said he couldn't guarantee anything but he believed that if I reapplied there was "a very good chance" I could still buy my time. He did say that the only reason there was still any possibility at all is because my retirement was not yet finalized. I just dropped off the new application at the post office. If you're somewhere between your last day and finalization, and this credit applies to you, I urge you to do the same. Good luck to all of us!
ReplyDeleteI know with NYPD you have a certain amount of time in which to "pull" your papers. Maybe that is what they meant? Also, my husband said application forms are currently being updated.
DeleteAdded note: as per his pension office.
DeleteVSE has it right. Best advice is to contact your specific retirement system and have your DD-214 at the ready.
ReplyDeleteJust asked to my folks at TRS. They are processing MSC requests as usual. DD 214 plus a letter requesting amount of years w/ID number, etc.
ReplyDeleteCould take as long as 4-6 months to get return letter with bill for purchasing.
That is TRS, your experience will vary.
That definitely sounds like the TRS we all know and love.
DeleteVSE, thank you for all your hard work these last few years, without this blog and your continued updates this would have gone nowhere.
ReplyDeleteThank you to everyone who fought for this bill.
ReplyDeleteBravo zulu comrades, and thank you Sen. Larkin, Assemblywoman Paulin, Speaker Heastie, and Gov. Cuomo! I just pray that the MSC remains as originally intended, as a means to buy back some of the time spent in the service, rather than a "pension sweetener" that we have been raging against whenever the bill was described as such.
ReplyDeleteThank you VSE for all you do here at this blog. It was surprising that it was signed! I have been waiting for this, now just have to do the paperwork. I wonder how long it will all take to buy back.
ReplyDeleteI have a year now of employment within NYS. Does this mean, that I will be eligible to buy back 3 years of my military time when I reach 5 years employment with NYS in 2020? Or does this mean I have to have 5 years effective 1 Jun 2016?
ReplyDeleteI'd say your time counts from date of hire. Call your pension office to clarify the details for you. It's the best way to get information for your situation.
DeleteDoes anyone know if I can borrow from my retirement to buy the three years
ReplyDeleteif you are eligible to borrow, you can't be denied.
DeleteDoes anyone know if I can borrow from my retirement to buy the three years
ReplyDeleteNot sure what your retirement system. If you are NYPD, they will roll the money over from Deffered Comp.
DeleteThank you for your hard work!
ReplyDeleteThank you VSE. I called senator Larkins office as well as assemblywoman paulins they both told me how many people have been calling since this morning. I think this blog had a lot to do with the governors reversal. Thank you all who have served. Semipermanent Fi
ReplyDeleteVSE,
ReplyDeleteEach and every one of us have found it appropriate to sing your praises - even when the end result did not work in our favor - but today, we carry you high on our shoulders in thanks for everything you've meant to this victory.
Your knowledge and your efforts have been so appreciated.
On my way to the mailbox now.
ReplyDeleteCan't say no this time.
I'll be burning all the previous rejection letters in a solemn ceremony tonight!
US Army
Somalia Vet
10th Mountain Division
VSE - can't thank you enough. My documents went into OSC this morning with my DD214. I've been involved over the years in this issue and I can't tell you how much this site has helped me. Now that we've finally done it, please know that there are a LOT of vets out here in NY that are grateful to you for all you've done. Thank you again brother.
ReplyDeleteVSE- Heartfelt thanks for maintaining this post, a thanks to Senator Larkin , Assemblywoman Paulin, Speaker Heastie , Governor Coumo and all elected officials who supported this bill in recognition of the service rendered by all service men and women on behalf of our state and great country. As VSE has recommended please find a few minutes to contact the key supporters of this bill. May God Bless America. Semper Fidelis
ReplyDeleteI called the NYC Police Pension Fund and they stated they will have the paperwork supposedly on Monday 06/13/2016. They have to create a new form that for Chapter 41 of 2016.
ReplyDeleteCorrect date 06/06/2016: I called the NYC Police Pension Fund and they stated they will have the paperwork supposedly on Monday 06/06/2016. They have to create a new form that for Chapter 41 of 2016.
ReplyDeleteIs it 6/6/16 or 6/13/16??
DeleteBZ to all who contributed to the VEAs victory.
ReplyDeleteEspecially VSE, who through this blog kept us informed and advised us all the way, and the many followers who posted useful information.
Special thanks needs to be made to Assemblyman Kieran Michael Lalor, a United States Marine Corps Veteran himself, whose bold and decisive statement led to the immediate delivery of the bill to the governor.
In my opinion, this was the deciding factor that led to victory.
Without him, we may well have been in the same boat as the last two years.
Perhaps the People of the State of New York who have never put on a uniform will better understand the phrase "SEND IN THE MARINES!".
“There have been multiple conflicting reports on the cost of this bill. This year, the parties acknowledged reasonable potential costs associated with implementation and — as long as the legislature appropriates sufficient amount to pay for the credit — the Governor determined this measure is consistent with this administration’s many efforts to help veterans and should be signed,” said Cuomo spokesman Rich Azzopardi.
ReplyDeletei wonder what was the tipping point for the Gov. ?
Deletesurprising he signed the bill w/o any changes !
I say mounting tension regarding the fact that the bill kept coming and coming with the same almost unanimous bi-partisan support and with each veto more agencies, media outlets and legislators got louder. It is also my opinion that he could not even fathom the potential risk of an override. However, unlikely our legislators are still convened and actively voting, some are up for re-election could he really take that risk? Not sure. It took this long to amend the old law could you imagine if t was NOT all Veterans? Larkin knew it was all or nothing I think and it's his baby truly. We'll never really know but I am thrilled for everyone to say the least!
DeleteMy two cents:
DeleteTiming.
Cuomo is under investigation and threat of indictment (sinking ship). So are some legislators.
Legislators voted for legislation that they knew would never pass (for the third time).
Lalors letter, citing the need for immediate delivery so that there would be no excuses this year not to override (potential threat; less of a long shot than the last two years).
Potential threat of a legislator starting a petition to override.
Election year for all legislators. This year many are concerned with their own self-preservation.
A petition to override started by one within their own ranks may have shamed them into a public "calling out", for which they would have to decide either how to explain how fully more than one third of each/either house changed their vote, after most had voted for it three consecutive times, one of which was very recent, or to abandon Cuomo's sinking ship and stand by their three votes. Having just witnessed Cuomo throw two close colleagues under the bus, they would opt for their self-serving greed.
Threw Cuomos timing off. If he wanted to blow his own horn-again-he would have signed it during the Memorial Day weekend, if not on Memorial Day itself (he, along with many living in New York, do not fully understand the significance of Memorial Day).
Tides of politics is shifting on a national level, and at local levels. A blind pig could read those tea leaves.
Haven't heard a word about it on TV news or radio in the New York city/ Long Island area.
Either that, or Larkin has pictures of Cuomo doing stuff with farm animals.
it will be in tommorows ny daily news . that is where Cuomo's spokesman is quoted !
DeletePS:
DeleteLooks like that sore loser that finally got smacked down is bullying the weakling diBlasio again.
Trying to save face by going after someone else that everybody hates as much, if not more, than him.
Someone's gotta pay
VSE thanks for your work and constant reminders that there is no retro and to check the numbers. In my case it's over 10k cost for 4.5 percent (I'm already at 29 looking to retire in any case next year) so I may pass on this.
ReplyDeleteLiterally yelled "Holy Shit He signed it!" this morning at 5am when I hit the blog.
ReplyDeleteWoke wife and don't care :)
For you ERS employees , they have the new form up, only asked for one damn thing and that's a copy of DD214, no theater nonsense, no medal nonsense.
Veterans are Veterans,
http://www.osc.state.ny.us/retire/forms/rs5509.pdf
PEF may try to take credit, but we know we owe VSE dearly.
i also recommend sending in this form if anyone has periods of Active duty ( such as periods of Annual Training) not reflected in their DD 214 ( you will need copies of military pay vouchers to get the credit , orders may not be sufficient)
Deletehttp://www.osc.state.ny.us/retire/forms/rs5042.pd
If you do not have pay vouchers to prove periods of Active duty not reflected in your DD214 then retirement point statements may work !
Deletethank you for the link palarian.
DeleteJust a small note. Article 20, Section 1000 of the retirement and social security law, as
ReplyDeleteamended by chapter 41 of the laws of 2016 (the "Veterans Equality Act") has been officially updated online. The NYSLRS should be promulgating new regulations soon.
Can you post a link please. Thanks
ReplyDeletehttp://public.leginfo.state.ny.us/lawssrch.cgi?NVLWO:
Deleteclick on RSS then Article 20, Section 1000
http://www.osc.state.ny.us/retire/members/military-service-credit.php
DeleteDoes this cover all peace time vets
ReplyDeleteScroll up and read the posts.
DeleteIt's nothing short of a miracle.
ReplyDeleteThe assembly was always the weakest link.
Assemblywoman Paulins office was very receptive for three years, right up until the bills delivery to the governor, and through the 10 day window.
The last two years, AFTER the vetoes, her office suddenly took a different tone- 'not in her district'; 'not (my) elected representative' ; 'speak with the assembly person from your district'; etc.. Respectfully disagreed. Told them I thought it was for ALL Veterans, not just the ones in her district.
Assemblywoman Paulins office ignored our pleas to change the horrid and misleading language in the Assembly bills summary.
Even now, she can't resist using the dreaded "P-WORD".
Thank God Assemblyman Lalor stepped in when he did.
Cuomo was bent over. It's not rape when there are two consenting adults. Public image above all else.
Truly a miracle.
Too soon? It's been a few years already.
https://www.nysenate.gov/newsroom/press-releases/william-j-larkin-jr/larkin-veterans-equality-act-signed-law
Well it actually happened. Praise the lord, Larkin, Paulin, VSE, Lalor, Cuomo. But especially VSE and all of us, the US Veterans who pulled a grass roots effort and lobbied the old fashioned way, and got our elected officials educated and informed and with us. We did not let it die. Thank you everyone. I plan to buy back one year and retire now. Keck.
ReplyDeleteDoes the bill cover reservists ?
ReplyDeleteNot unless activated for which you received a dd214
DeleteNot true ! any active duty ( up to 3 years ) can be bought back !
DeleteDoesn't apply to me but I'll pass info on to reservist's I know. So you are saying active duty for training such as boot camp, mos school, and annual training counts? No DD214 needed? That's news to me. I know some guys this would apply to, hope your right. Wouldn't want to get their hopes up steer them wrong.
DeleteWhile i cannot guarantee all of NY's retirement systems will credit non- DD214 time , many years ago i had a break in state service and was able to get MSC for 1 annual training ( 2 weeks ) and an Army school ( 4 weeks ) by providing a copy of my pay vouchers to NYSERS. Yesterday i submitted 2 DD214's and pay vouchers for active duty that was not reflected on the DD214's. I used the RS5509 and the RS5402 forms , and e-mailed it all in.
Deletecorrection ! the second form is the RS5042 . This form lets u list periods of active duty not reflected in a DD214 !
DeleteGenerally, to purchase credit prior to membership (Chapter 548 of the Laws of 2000) it must be active duty w/DD-214 'honorable'.
DeleteGenerally, to purchase (when necessary) credit for service during membership (USERRA, etc), any active duty (basic training, annual training, etc.).
There may now be exceptions and updates so, of course, your retirement services is the place to ask.
cptave
DeleteThat sounds interesting and may not apply to other retirement services and may have nothing to do with MSC.
For example, were the 6 weeks you purchased after first joining the system (but during a break in service) performed during one of the previously qualifying times/places (Vietnam Era, Lebanon w/medal, Gulf War in Theater)?
If not, you are thinking about an entirely different program that might accidentally mislead folks here.
the 6 weeks were not during one of the previously qualifying times/places, but i believe ANY active duty qualifies under Chapter 41 . If u look at the RSS Article 20 it says that military duty is as per Military Law 243, which does not disallow annual training and service schools. I have already submitted my request , i will disclose on here what the outcome was.
DeleteOk
DeleteThat is completely different from Chapter 548 of the Laws of 2000 - the Chapter we fought to amend. As you know it is purchased (3%, 6%) credit for 'honorable' and active (w/DD-214) military service performed PRIOR to joining system. The demand for the DD-214 is based on the requirement of an 'honorable' discharge from said active duty service. (Note my retirement system states it must be service PRIOR to membership...not sure this is explicitly in the Law...but the requirement for honorable discharge is).
------BREAK------
It also may be true there are other costs/methods/chapters/laws for purchasing prior service (state, municipal, military). There are also methods for purchasing (when necessary) military service DURING your time working for the state. And non DD-214 training, etc may apply as I noted.
Let's not confuse the two (you may not have received credit under Chapter 248 of the Laws of 2000 and you may not be applying now [for your non-DD214 time] under Chapter 41 of the Laws of 2016.
NYSTRS will require a DD214.
DeleteI would check with them to see if there are any exceptions.
VSE...I know many have thanked you already, but you deserve a personal thanks from each of us and so here's mine. Your blog was a Godsend and really the only thing that kept me sane throughout this ordeal. You provided desperately needed insight and with your calm and clear guidance and opinions, you gave us all hope that we had (at least) a chance to get where we are today. Thank you so much. I am proud to have been along for the ride with you at the helm. I salute you for your guidance, all the research you performed, your contributions, (impeccably written and obviously carefully proof-read), your never ending patience, resiliency and tenacity. I will thank others separately. Just needed to let you know you are one of the heroes in the success of this life-enhancing program. Thank you. J.Taylor, US Army Jan 81 - Apr 88.
ReplyDeleteVSE we traded ideas and comments over the years on this blog,we sometimes disagreed and you would delete my post. For the first three bills I was stay positive guy pushing everyone to call email don't give up. Each time we ended broken hearted. This time I stayed mostly away. Peeped in once in a while. Then in the last couple of weeks I became more vocal on the negative side. Truthfully you deserve more than just a thanks. You deserve the biggest thanks. I pray that your retirement is a happy and financially secure one. It's been a honor and a privilege to be a part of your blog. Take Care.....................HAND SALUTE........................................................2
ReplyDeleteAppreciate all your help and insight on this. I have to admit the Governor's signature on this twice-vetoed and unbudgeted MSC bill was a bit surprising. Something I hoped for but, nevertheless, this year it was a bit surprising. I think for both of us.
DeleteHappy trails.
Thanks to everyone for their hard work in getting this passed. Does anyone know if the buyback could be paid with Deferred Comp money? And if so, does it has to be paid back.
ReplyDeleteyes , you can use deferred comp money to buy back your time , the deferred comp money would not have to be paid back , it is a trustee to trustee transfer.
DeleteThank-you!
DeletePlease go on Senartor Larkin Facebook page and all the others who made this happen and leave your comment.
ReplyDeletewhat is the 'registration number' on the RS5509 and where might I find it? Is that an employee ID number? Thanks.
ReplyDeletethat is your account # with the retirement system , if you do not have it call them and they will give it to u
DeleteThank you. I'm still shocked this went through - my brain has apparently already retired...
DeleteArticle about our Bill finally passing in the NY Daily News:
ReplyDeletehttp://www.nydailynews.com/news/politics/cuomo-signs-bill-giving-vets-ability-pension-credits-article-1.2657162
http://www.osc.state.ny.us/retire/members/projecting-your-pension.php
ReplyDeleteNYS Retirement Calculator
FYI for future retirees:
ReplyDeleteDo any of you guys know what the difference is between your Retirement Date and Separation Date is?
Yes, your separation date is your last day of work and your retirement commencement date is your first check date. Example; If you retire on August 15th, then that is your separation date and September 1st would be your retirement commencement date. You will find that you can't put in to retire until 90 days prior to your retirement commencement date which confuses people because they try to put in for it 90 days prior to their last day of work.
Example:
Retirement date is the date you first receive a ‘retirement’ check or are clocking retirement pay.
IE; I’ll be separated on January 31st but my retirement date will be February 1st.
some years ago NYSERS changes its deadline to 15 days. Please note military time must be bought back BEFORE retirement .
DeleteOK - is there a calculator anywhere that we can access so we can determine whether it is financially beneficial to file for this benefit?
ReplyDeleteSee my previous entry.
DeleteFeedback from someone who applied for military credit under the older program about 5 years...it may not still apply now:
ReplyDeleteI did the buyback under the old Article 20. It took 3 months for NYS to provide the cost. They do send an acknowledgement that they have your application and tell you that it will take 3 months for cost. They don’t even want to talk to you if you call even a day before 3 months.
I could not work out how to use 401K money to buy it. T.R. Price would have nothing to do with it. New York was ready to take it and said it could come from tax deferred source. If someone figures out how to get it from tax deferred source I would like to hear about it. Or figure out if you can get this off your taxes or claim it as a expense somehow. It seems sort of like money going down a rabbit hole since it is not going to your retirement account and you could not take a loan against it or anything.
You can set up to do buy back on payments. This got a little old. They were not set up to receive electronic bill pay, but said they work working toward that. Ultimately, I just bit the bullet and paid a lump sum. I would rather have the 3 years than worry about how to get tax deferral.
Also when you do get the service credit you have to get proof for Entergy. NYS sent me a letter showing service time reasonably quickly. I think the automated system from the retirement phone number was all I had to do to get the letter showing state time. I made a cover letter for Entergy retirement adjustment and sent it to the Aon Hewitt people. They changed my service time to reflect New York State only and no Entergy time! This took 5 business days to work this case. I went to the projections page on found my time at 11.65 years. Not a very good retirement on that. A brief, but tense phone call had them opening another case. They recognized the error and could see what they did in the system. It is fixed now and only took 3 business days. I was hoping for an administrative error in my favor, but it appears these only work in one direction.
You can pass this along if you like.
Smiling out Loud @ Dustoff...
ReplyDeleteHi all, cold war vet late 70s . Just sent my dd214 into the ERS for military service credit. Got a email back saying that it is in process and will take approx. 90 days. Wondering if I can actually retire while this is in process? They have a phone number so I called, a recording says they have a heavy volume of calls and I should try again later. I have 35.5 years with state service now. Ready to go!
ReplyDeleteIs that 90 days until ERS can send you a bill or 90 days until the years are actually in your account?
DeleteI am in a similar situation career-wise and I just can't see spending 10K cash (in my circumstances) to add 3 years/4.5% to my pension. I would do it if I was at 27 years or less - that is a much better payoff in service years and earlier retirement - but running the numbers in my case it doesn't seem to gain me much after taxes each year.
ReplyDeleteI still may do it but am thinking long and hard about the cost-benefit of spending 10K (plus I don't have that money sitting around).
My retirement with the state is calculated at 2%/year times the number of years of service starting at the 20 year point. Yours may be different but using your number of 1.5%:
DeleteIf you are putting in $3333.33 for each year of service ($10,000/3) that means you have a pension of around $100k. You would get an additional 4.5% increase or $4,500 per year. You would make back your money in just over 2 years. Now compare that to any interest (say 4% per year) you would have gotten on the original $10k if you invested it.
A personal choice but personally I would do the buy back.
Federal Taxes on that 4.5K (gotta remember post tax payment of 10K must be compared with post tax yield.). Not saying it makes it a bad deal but might push it out another year to break even. And then think opportunity cost of 10k (invest at 5%?).
DeleteAgain, not saying it is a bad deal, just saying you have to consider a few things.
Cold war vet again, the way I figure it, It will take 22 months to break even from investing in buyback. Then for the rest of my life or benific., it will all be on the plus side. I did it on the pention calculator. Just plug in the numbers. As far as the 90 days I don't know that answer.
ReplyDeleteIf you can work a 40 hour week after you have made your pension years with OT then you will be buying the military time as cheaply as possible. Example: When 2015 ended I stopped working OT and when I get to the end of 2016 I will buy my time on a base salary of $74,000.00 as opposed to what I made in 2015 thru 2011 $130,000.00
ReplyDeleteYes but you would be losing out on (130k - 74k = $60k) less of course taxes of say 35% (State and Fed)~ $39k for that one year
DeleteTaking your final salary of 130k you would have to shell out ($130,000 x .03 x 3) = $11,7000 for the buyback
Taking your final salary of $74000) you will have to shell out ($74,000 x 0.03 x 3) = $6,600 for the buyback
Leaving a difference between the two shell outs of $11,700-$6,600 = $5040
You may shell out less with the lower salary for the buyback but you would end up more with the $39K extra salary for the final year if you did the OT. I am not sure why you would not max out your OT in the final year other than personal reasons.
NOTE: if you are in the TIER 6 you would have to double the $5040 dollar amount because it is a 6% contribution towards the buyback vs. the 3% for the lower Tiers
Got my first sour grapes e-mail, fun, fun! It says something along the lines of since the new amended bill doesn't pertain to retirees I should have made it clear when asking for support. Got to love it! I've pointed people here many, many times and been clear. Due diligence apparently for their benefit was my job too, I guess. Bitterness already!
ReplyDeleteYou have my complete sympathy. It could not be clearer that retirees are ineligible.
DeleteI feel badly and know he's just displacing his anger as there wasn't ever any misinformation regarding the overall objective here or in my messages. He knows that, I think but.....
DeleteWell Jade to cheer you up I had an irate Salvation Army "veteran' email me last year and two years ago a very polite British Army veteran. Still laughing over those two.
DeleteThe retirees who emailed me were upset they were being suddenly 'abandoned' notwithstanding the plain bill and law text for the last 15 years that retirees were not eligible.
Was the vet's retirement "finalized"? If not the vet could approach the retirement system and ask for and possibly get the buyback. The State Retirement System takes a while to process the paperwork.
DeleteNot sure, I told them about that possibility and to call their pension office for all details. I also said that since I do not know their unique situation it may not even be worth it (cost, etc.) for them. Hopefully, they call and get factual information from their pension office.
DeleteI called the NYSDCP folks to confirm that the buyback can be funded with deferred comp funds even if you have a loan out. Yeah!
ReplyDeleteI seem to recall that someone mentioned a while back that when they applied for this buyback earlier they were taking the applications in the Retirement Center in the order of eligibility and processing those first. Those that were eligible for retirement now got processed first. I don't know if this is actually the case but this is the feedback that I have heard in the past. So the 90 days to process the submission of the paperwork to make yourself eligible might be shorter or longer based on whether you can retire now or in the future. I am eligible for my state right now so I will be sending my forms out tomorrow. It would be great to get some feedback on the processing time from vets that are successful in getting their paperwork processed.
ReplyDeleteu may want to convert your forms to a pdf file and e-mail them in , i did that with NYSERS ,it may save u a few days.
ReplyDeleteMeltdownman what I was saying was that I worked five consecutive years ending in 2015 earning $130K each year so my retirement years for pension has already been earned so that is why I have reverted back to work 40 hours for the next year ending in December 2016 and then I will buy my military time on the cheaper end.
ReplyDeleteI agree with what you said I was just making the point that with the extra OT you could take that money and either invest it or go on a long deserved vacation. Obviously you have a reason for cutting back on the hours in your last year of work. Good luck to you my friend in your retirement.
DeleteMeltdownman
ReplyDeleteThank you and good luck to You and all Veterans a long fight that finally paid off.
Im a state employee n sent the application n DD214 n on the 1st got my approval letter with how to pay sent back for electronic out of my check n just rcvd the ltr today indicating they r instructing my employer to take out. All done. That was quick.
ReplyDeleteYes,this is great news! However, though I requested this back in 2006 or so I was told "no your service didn't fall within the dates currently being used but try later as the law may change". Well I retired in 2009 and when I saw the news about "Article 20" I was elated only to be let down again when the NYSLRS responded to my application saying this is only applicable to "Members" since you have "Retired" you are not eligible: VAFAINCULO!
ReplyDelete