Amend the New York Law - Honor ALL our Veterans

Introduction and Call To Action 

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

Quiz

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

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

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

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

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

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


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

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

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

Article 20 of the Retirement and Social Security Law

Eligibility

Veterans must:

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

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

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

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

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

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

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

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

Date                   Chamber Action

06/11/2014 print number 6974b

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

2014-04-29

Assembly

reported referred to ways and means

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


S06400 (Credit to All Veterans)  (7 Sponsors)

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

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


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


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

Date Chamber Action

2014-04-29

Assembly

reported referred to ways and means

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

You Can Make a Difference

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

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

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

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

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

 

My Story

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

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

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

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

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

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

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

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