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 Beyond the arbitrary and outdated nature of current law, current law also blatantly and shamefully discriminates against women.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.
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.
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.
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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.
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| 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. |
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| 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. |
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| 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. |
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| Equity in Gravestones but NO equity under NY's Military Service Credit Law |
It is on the list of bills to be debated on the Senate floor tomorrow (June 11, 2014). I am betting unanimous passage. Gotta get that Assembly Bill to an Assembly vote. ASAP.
ReplyDeleteI see it passed senate what's next
ReplyDeleteAssembly...with your help!
ReplyDeleteI called Assemblywoman Paulin's office. They told ME what bill I was calling about before I mentioned it! Said they were getting a lot of calls on it. They told me they were asking callers to call their own representatives. Assemblywoman Russell's office advised she was also working very hard on this issue. I then called Mr. Farrell' office and my representative. Keep pushing!!
ReplyDeleteCalled Assemblywomen Russell's office. Told them the bill (6874B) covers Cold War, Wartime, Afghanistan, Somalia, and Bosnia Veterans - in other words all veterans. The male aide seemed to know Cold War (he had a bunch of calls prior to my 9AM call) but not the other exclusions. Straightened that out in great detail! He said she greatly spports the bill (as does he FYI). Told him current law doubleslammed her constituents because 10th Mountain (Fort Drum and Watertown are her turf FYI ) fought with great valor in Afghnistan for the last 10 years and Somalia (Blackhawk Down) prior to that. Reminded him of the women's issues and told her we need her to fight for all veterans...not just the great number residing in her home district. I then called the home office of about 10 others on the Ways and Means! Thank goodness for cell phones. Time to email. Keep up the calls and emails!
ReplyDeleteThe bill now appears on Mondays ways and means agenda
ReplyDeleteTo recap, Assembly changed the bill (renamed A6974B) a tad Wednesday and therefore it no longer matched the passed S4714.
ReplyDeleteSenate has today drawn up a new bill, S7839, that matches A6974B to avoid the wild process that would result if two different bills pass.
The Senate will quickly push thru S7839. A6974B is now scheduled for Monday's Ways and Means.
Therefore, we may have two matching passing bills at the end of the process. And then it is on to the governor.
So keep pushing A6974B to assemblypersons and if you have the time let SEN Larkin know to push S7839 (as if he does not already know)
While I am very hopeful at this point I want to emphasize this is not a certainty. By the end of Tuesday we should know if it is happening this year. Also, I have been calling folks up in Albany who seem to think this is a bill for Cold War or Peacetime Veterans....I immediately and carefully explain:
ReplyDelete"This military service credit buyback bill (A6794B/S7839) amends current statutes and permits combat veterans of wars that are not currently covered (including Somalia, Bosnia, and Afghanistan), wartime veterans of time periods not currently covered (including Desert Storm), and the excluded post-1975 Cold War veterans to buy back up to three years of their honorable service."
I have NEVER, after explaining it that way, had anyone disagree with the need for these new bills.
@ The Veteran State Employee, thank you for the updates, without this website we would be in the dark. I have encouraged many of my veteran co workers to get involved and help lobby for the rights we deserve as veterans of this state. Keep up the fight people and make those calls, this is the year!
ReplyDeleteOutstanding work everyone!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
ReplyDeletehow long does governor have to sign it into law?
ReplyDeleteShould we start calling and emailing the Governor's office?
Awesome news! Great work everyone!!!!
ReplyDeleteI believe he has 30 days as the legislature will be out of session. If he does absolutely nothing with it, it's considered a "pocket veto" which means it does not become law...
ReplyDeleteI don't know, but my guess would be that for a young man that has higher political aspirations to go against a veterans bill that passed the senate and assembly unanimously, and has the backing of several high profile veterans organizations, and considering that as I understand the federal government already honors all vets in the way this bill would. Well, that would be bad politics on his part. That said we cannot let him ignore us
ReplyDeleteWe must continue to be heard
Specifically by him.
Plus its clearly the right thing for him to do.
ReplyDeleteWell said folks.
ReplyDeleteThe Senate may have some leeway on when they hand it to him. Last year's Cold War Cert bill passed last day in session also and he signed it in early November. Senate strongly supports this so one suspects they will get it to the gov at a time that ensures passage. But, I am no expert.
ReplyDeleteShould we expect the Governor to play politics with this in a election year, or should we keep up the pressure on both the Senate to pass this bill now?
ReplyDeleteI would prefer he sign it as soon as possible. Who knows what kind of world crisis might be going on in November that might draw his attention away.
ReplyDeleteThere is a quote from Governor Cuomo during a Veterans Summit he held back on March 20, 2014, addressing his thoughts on veterans (taken straight off of his website):
ReplyDelete"We owe our Veterans and military families a huge debt of gratitude -- and the best way to express it is through action," said Governor Cuomo. "Today's summit is about taking action so more New York Veterans can realize the American Dream they fought to protect. And when we invest in our Veterans and military families, it pays dividends. We need their skills and leadership as we continue rebuilding the Empire State."
I hope he lives up to his words.
I'm confused here, if someone can help, please. My union put out a statement today staying that governor will have until the end of the calendar year to make a decision on this bill? I thought he would have 30 days because the legislative session is over? Any thoughts?
ReplyDeleteSenior union folks who have been there and done on many bills and know the Albany routine inside and out far better than I do should be able to guesstimate.
DeleteMy one tiny example which may or may not provide guidance:
Cold War Certificate: Bill A5890-2013
Nov 13, 2013: signed chap.477
Nov 1, 2013: delivered to governor
Jun 12, 2013: RETURNED TO ASSEMBLY
Jun 12, 2013: PASSED SENATE
Jun 12, 2013: 3RD READING CAL.1241
Jun 12, 2013: SUBSTITUTED FOR S2574
Apr 23, 2013: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
Apr 23, 2013: delivered to senate
Apr 23, 2013: passed assembly
Apr 18, 2013: advanced to third reading cal.159
Apr 15, 2013: reported
Mar 8, 2013: referred to veterans' affairs
Will this bill include those of us that were only in the Reserves ?? Or is it only for active duty people
DeleteVery very generally this is meant for a period of active service w/DD214 ("honorable") whether performed by an active duty person or a reservist. I suggest you carefully research what constitutes applicable active duty or active service under the law.
DeleteWho was the lone nay in the Assembly?
ReplyDeleteAssemblywoman Deborah J. Glick . This links to her official biography.
ReplyDeleteWhere are we now? Does the governor have this?
ReplyDeleteI have been told by my union that they do not believe that the governor will sign the bill due too cost. May need to put the governor's info up for a call of support!!!
ReplyDeleteI am also interested in what union said that? I contacted the Governor (via his web-site) that he should sign off on this. I got the canned reply which is fine. But, I am also concerned since he has not indicated publicly where he stands on this. I am thinking that everyone should be contacting his office so he knows how much support there is for it.
DeleteExcellent move. I would hope everyone who supports this bill would be doing this. I'll put this on the blog page.
DeleteWhat union is that?
ReplyDeleteRead below. This is the process once the senate hands the governor the bill. I think legislation is out of session so gonna be a longer time table and who knows when he'll get handed this but seems to me since there's only one person out of both houses objecting this it would still go through if 2/3 approves it.. Seems like a formality to me.
ReplyDeleteGovernor
While the Legislature is in session, the Governor has 10 days (not counting Sundays) to sign or veto bills passed by both houses. Signed bills become law; vetoed bills do not. However, the Governor's failure to sign or veto a bill within the 10-day period means that it becomes law automatically. Vetoed bills are returned to the house that first passed them, together with a statement of the reason for their disapproval. A vetoed bill can become law if two-thirds of the members of each house vote to override the Governor's veto.
If a bill is sent to the Governor when the Legislature is out of session, the rules are a bit different. At such times, the Governor has 30 days in which to make a decision, and failure to act ("pocket veto") has the same effect as a veto.
I think there should be some point of contact with the powers that be. To at least advise on what we could/should or should not do.
ReplyDeleteWould 2/3 of each house be obligated to override a veto since they originally voted for it. If so then it is a formality. Just hope he signs it, and it is not an issue.
ReplyDeleteI would assume he'll just sign it considering if even if worse case scenerio it gets vetoed it's just gonna go back to table and gonna pass anyway since there's only one person opposing. It will be a separate vote process but all those people in both houses arent going to change there minds, atleast not to where over 2/3 all of a sudden dont agree. They dont care about budgets which is great for us in this bill. There care about doing the right thing. Considering i served my country honorably i should be entitled. Just prolonging the enevitable if you ask me. Still makes me nervous though cause you really never know. Last bill is kinda gender biased also so in this awful liberal world we live in day i think they are not gonna touch that issue. Passing both houses with the conviction it did and being it's an election year is a no brainer. Fingers crossed for a rapid resolution.
DeleteI just got off the phone with the governors legislative office and was informed that the bill hasn't been delivered yet, much less signed. They said it could take as long as the end of the year just to get it delivered to him. Maybe someone can post Senator Larkin's contact info so we can let him know how much the signing of this bill means to so many. Keep up the pressure. Everyone call and email Larkin and Cuomo's offices and encourage your family and friends to do the same. We're too close to give up now
ReplyDeleteAccording to Senator Larkin's office, they "believe" the bill has been delivered. However the governors office doesn't acknowledge receipt of it. Here is Senator Larkin's contact info: WILLIAM J. LARKIN JR.'S CONTACT INFORMATION
ReplyDeletePhone: (518) 455-2770 Email address: larkin@senate.state.ny.us
It would help if everyone called and emailed him to show support for the bill and to not let it get lost in the Albany shuffle (as which seems to be the case)
They "believe" it was delivered. Is unacceptable this is a time sensitive document.
ReplyDeleteRumor control.
ReplyDeleteAccording to the official bill trackers (see link, above) it has not been officially delivered to the governor. Correct or not, we should all be writing and emailing him to support it (contact info is also above).
FYI it should not surprise anyone that there are back-channel and unofficial communications regarding the delivery/non delivery and timing thereof. This is politics after all.
Don't trust the politicians...they passed Bill then held it in assembly til recess it's over (after elections for some) then if Cuomo vetoes the reps already have been re-elected and vote against after Cuomo sends it back. This is my pessimist rant. Hopefully he will just sign it come delivery. Also union was NYSCOPBA
ReplyDeleteGood ol' NYS politicians. fast-tracking legislation that will benefit heroin addicts and legalizing marijuana that has dubious medical value (at best) but leaving honorably discharged veterans standing out in the proverbial rain. guess it's business as usual.
ReplyDeleteIt really is shameful.
23 bills were delivered to the Governor today and not ONE was from Sen. Larkin. Seems like he started his six month vacation with a few loose strings. So glad he doesn't represent my district.
ReplyDeleteSince Sen Larkin wrote the bill, guided it through a successful full Senate vote and then - in a lightning fast move - rewrote it to match the edited Assembly bill I would have a bit of faith in his perseverance. I suspect he will send it to the governor when the machinations and election influences are most favorable to the bill. That may or may not be ASAP. At the same time those of us who believe current law is outrageous and that this bill is 14 years overdue certainly share your impatience.
DeleteI second The Veteran State Employee's sentiment above regarding Senator Larkin and the fact that it is all about timing and giving the bill the best chance to be signed in an election year for the Governor. Senator Larkin's people did relate to me a few weeks ago when I called in support of the bill that the Senator did have occasion to relate to the Governor the importance of the bill at recent event in the Hudson Valley, although there is no way for us to know the Governor's position on the matter. The Senator is also a Korean War Veteran himself and always seems to have the best interests of other Veteran's in the State at heart.
ReplyDeleteI thought the governor had ten days to sign it. If not it becomes a pocket veto.
ReplyDeleteThat's only if it were delivered to him during the legislative session (which it wasn't). He can receive it and sign it anytime up to dec 31st
DeleteI admire your patience but after supporting this bill (in its various forms) since its inception, I have little faith in the NYS political process. From where I sit, Independence Day and Veterans Day are the only two power plays for the bill to get signed. Since Veterans Day is after the election, it will likely die on the governors desk. If the bill isn't signed by July 3rd, I personally don't see it getting signed. I don't doubt the Senators integrity. I'm sure he's a good man, but this bill could be political posturing in that it would rally a voting base but never see the light of day. I hope I'm wrong and you're right with all my heart.
ReplyDeleteOnly time will tell. On a side note, it is refreshing to see so many veterans come together on this issue. Also, many thanks to the Veteran State Employee for this critical blog that I believe has been an invaluable resource in our fight for fair and equitable treatment.
ReplyDeletewell said
ReplyDelete4 bills were delivered to the governor today. ALL veteran related. Tomorrow is Custer's last stand, IMHO. Let's see what happens
ReplyDeleteJust got off the phone with senator Larkins office, I was told they are waiting for the Governor to request the bill, in the event that he doesn't request it, they will send it to him, the Lady said they don't want to force it on him.
ReplyDeleteWOW. Just wow.
ReplyDeleteYeah, I'll draft legislation but you have to beg for it. This whole political system in NY is bizarro world. It's like saying I'll do my homework but won't hand it in until you ask for it, then wondering how you failed the class.
I'm still holding out faith, I think what we need to continue is phone calls to Sen. Larkin and Gov Cuomo. And I think we need to exercise a little patience, but on another note I find your views ironically truthful. Please don't give up keep calling.
ReplyDelete.
Correction. Eight bills were delivered to the governor today, ALL veteran related. I guess every other Senator and I understand that the Governor is more likely to sign bills on occasions that would garner him a chance to grand stand and secure voters. For veterans that's Memorial Day, Independence Day and Veterans Day. The next step in the process is for Larkin to deliver it to the Governor, not for the Governor to pick it up or request it. Everybody else seems to get that. Maybe this is why the bill hasn't passed in 14 legislative sessions. This is no time to be a lady.
ReplyDeleteThis is an election year. Would not shock me if autumn was the season for this bill (and for the election). Of course I have no magical insight.
DeleteDo you know if S7839 was one of the Veteran's bills delivered?
ReplyDeleteUnfortunately, it was not. Apparently Sen. Larkin is waiting for an invite instead of following protocol and delivering it to the Governor.
ReplyDeleteIf that is the case then we need to call Sen Larkins office and Demand he deliver it. That being said. The Lady on the phone indicated it was about timing and they don't want to force it on him, afraid he Will. Veto. Believe me I'm impatient also I want this to be law asap, IV got 22 1/2 years working in the subway NYC served 4 horable years USMC. I would like that to count for something as it should.
ReplyDeleteSen. Larkin's office wants the bill to pass so they are prudently timing the delivery of the bill to the governor. That is a good thing.
DeleteRick - my initial thought the night the bill passed the assembly was that this was an autumn event. I still think that way. For obvious reasons.
I guess it's more important to convert heroin addicts into potheads than it is to throw a bone to people who made good choices and did the right things in life. My public and military service is similar to yours, as I'm sure are many others. It's not like it won't cost us a nice chunk of coin to pay for the credit. It's not even a handout. No wonder some people go astray, they get all the benefits.
ReplyDeleteThat's the way it sounded to me when I spoke to his office. Have faith, I got the impression Sen. Larkins office is on top of it. And its all political strategy from here on. Hang in there , and keep politely calling the gov and SEN. In a respectful way and what ever info anyone gets please share. SEMPER FI
ReplyDeleteI agree with most opinions as to this passing. I think taking out the fiscal implications was one of the best things they did for us. Now the general public has no care about money.
ReplyDeleteAlso because of what we have done to promote and follow this bill and made them 2 and 3 on legiscan. They have those in place for a reason. He will be informed you can bet.
And I would think fall but. I feel he will want some precredit before election time. Keep calling the Gov's office too expressing desire for it to pass. It's all documented.
Keep up the fight. Keck
What do you mean. "taking out the fiscal implications" sounds good to me. But how does that happen?
DeleteVet Employee, I thought they were fast tracking the bill because there was a push for it to pass both houses within 3 days of the legislative session ending. It seemed like a sense of urgency. If the Governor is iffy on the bill, he probably won't sign it on Veterans Day because that is after the election and he won't be jockeying for votes any longer.
ReplyDeleteMy inner political strategist tells me that if the election is close, he'll sign it days before the election (which is a week before Election Day) to garner the veteran vote. Let's hope it's a close one and he gets desperate. Until then, keep up the pressure. Hope they're more understanding than annoyed.
ReplyDeleteThat's right respectfully, keep up the pressure.
ReplyDeleteLet them know "vets vote".
ReplyDeleteCurrently in retirement limbo... Being forced out due to health concerns, this bill would allow me to complete my years of service; otherwise I will be hit with a penalty, no fault of my own.
ReplyDeleteThe Gov. just needs to sign that.... plain and simple.... do what's right and sign it.
ReplyDeleteYou can't blame the Governor for not signing something that never made it to his desk. Sen. Larkin is holding on to it. Apparently, he has plan. This bill is the 2nd most monitored and 5th most viewed bill of this legislative session. If you can't get a bill signed with those stats, that passed BOTH chambers, I don't know what you can get signed. The people have spoken but someone, for whatever reason, has chosen not to carry out the will of the people. Time to demand that Sen. Larkin deliver the bill to the Governor, for better or for worse. Make some calls
ReplyDeleteHere's a last ditch effort that we can all participate in. Use a search engine to search "NY Legiscan". Search for bill S7839. Register for free and monitor the bill. This will make the bill the most viewed and most monitored bill. Currently, the actual bill does not appear on the list. We must correct this. Show your support. DO IT NOW, PLEASE !!! We came too far and we are too close to let it slip out of our hands now, but it will if we don't act now. Force Larkin and Cuomos' hand. Let's get er done.
ReplyDeleteThere's no doubt that bill will be delivered. It's a question of when. Nearly 700 bills were passed and all will eventually end up with Cuomo and it'll be up to him to sign. If Larkin is timing it because he believes it will increase the chance of it being signed, then I have no problem with that. The bill was passed after a very public and legal process. Larkin and Paulin wrote respective bills and I don't think it's likely that they'll stop fighting for it after all of this. Regardless, I have written respectful letters to the Governor and will continue to call urging him to sign the bill.
ReplyDeleteLet's go guys and gals keep up the hard work and create a free "NY Legiscan" login and sign up to monitor NY S7839 as Rick Starr describes above. It's really easy, only takes a minute.
ReplyDeleteExcellent job people!!! Overnight bill S7839 is the most monitored bill this legislative session. You are a determined bunch of people. God bless the veterans of the USA. Happy Independence Day to all. Keep up the good work
ReplyDeleteAwesome!! Don't stop now, let's keep it at the top. Time to mobilize friends and family in the effort. Happy Independence Day to all of my fellow Veterans.
ReplyDeletekeep the pressure on Gov.Cuomo remember because of us there is no draft. I'm sure Mr Cuomo wouldnt be a proponent of restoring the draft>>>>
ReplyDeleteAlthough I am keeping a glass half full attitude regarding the passage of this bill, maybe someone more in the know can help clarify something. Worst case scenario, if the Governor did veto the bill by regular veto or pocket veto, does the legislature only have the opportunity to override the veto prior to December 31st via calling a special session or can they override the veto when the legislature is back in session next year?
ReplyDeleteDoes anyone out there know the answer to the question above? I appreciate any insight that can be provided.
ReplyDeleteGood question. Probably best directed to Sen. Larkins office
ReplyDeleteJust curious, has anybody here who has been in contact with Senator Larkin's office actually asked what his intentions are for timing of the delivery of this bill?
ReplyDeleteWhat is the best contact information for Senator Larkin? Thank you!
ReplyDeleteDistrict Office
ReplyDelete1093 Little Britain Road
New Windsor, NY 12553
Phone: (845) 567-1270
Albany Office
188 State Street Room 502, Senate Capitol Building
Albany, NY 12247
(518) 455-2770
larkin@senate.state.ny.us
I would guess that the district office is probably the best bet since the Senate is currently out of session.
My understanding, for what it is worth, is that there is a good deal of back-channel conversations and front-channel communications wherein the governor will request particular bills and the bill sponsor will then forward the bills for signature consideration. You may not find this in official rules and guidelines and timelines and deadlines. There are a lot of political, face-saving, credit sharing, professional courtesy, public relations, and timing considerations at this particular juncture for bills passed through the legislature awaiting governor consideration.
ReplyDeleteAt the same time, calling Sen. Larkin's (845- 567-1270), Assemblywomen Paulin's (914-723-1115), and Governor Cuomo's (518-474-8390) offices for an update does nudge the process.
I talked to Senator Larkin’s office. He has control of the bill and there is no time frame to send it. They are holding onto right now because Gov. Cuomo has been vetoing everything he’s been getting. They suggest contacting the Governor She called the Governor’s Office for an email address and they told her there isn’t one and you have to use the contact form listed below. The other ways to contact are calling or faxing (both numbers are listed below) or US Mail (address can be found at below web site). Call (518) 474-8390 Fax (518) 474-1513.
ReplyDeleteGo to http://governor.ny.gov/contact/GovernorContactForm
Select contact
Fill out contact information.
Cut and Paste subject: Veterans Equality Act – bill number S7839
Topic: Select Veterans issues
Personalize if you wish, sign the bottom and cut and paste in comment section.
Governor Andrew Cuomo,
I’m writing to request your assistance in correcting an inequity among veterans in the New York State Retirement System by signing into law bill number S07839. The military service credit buy back 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 (Because women were banned from combat during most of our past conflicts, many women veterans are now ineligible for military service credit); aligns New York with common-sense federal practice; and recognizes the invaluable service and sacrifice of all New York’s honorably discharged veterans to our nation and state.
No one in the military ultimately determine where they serve, since they serve at the pleasure of the President of the United States. Duty assignments are at the convenience of the government and the respective services. Those who serve honorably should be afforded the same right to buy back that service time regardless of where that service was rendered.
I call on you, as Governor of the State of New York, to end this discrimination and right the inequity among veterans in the New York State Retirement System. Call for this bill to be delivered to your desk and sign it into law.
Sincerely,
There's enough votes to override so send it to him, let him veto it and override it...no?
ReplyDeleteIf you check out Legiscan and call the Gov's hotline for legislation, I don't believe he has vetoed anything yet since the session ended. I'm sure The Senator's office is making excuses like when they were in session when they could have forced it to the floor and out of committee, but it would have been dirty pool. They waited and luckily it went through fast.
ReplyDeleteI'm sure they have something in mind to make this a big event.
Deborah J. Glick
ReplyDeleteGeneral feeling in Albany is and always has been that this would be an autumn action and I have long indicated that on this website. The cost is negligible (we are not talking about many veterans) and the political downsides are almost nonexistent (as long as it remains a veterans issue) so I remain very optimistic.
ReplyDeleteFor us this is a huge issue of fairness and equity but it is actually a tiny issue in relation to the state budget and any political ramifications.
Whoops, once again I've deleted a few posts on the subject of retroactivity. I had to do that back on July 25 too (see above). Rest assured there is not and never has been a clause in the current bill permitting one to retire and then to retroactively claim veteran service credit. Discussions on the issue and wishful thinking on the subject may confuse a careless reader of this blog.
ReplyDeleteAs a matter of fact, the bill has ALWAYS been quite specific on the topic: "To be eligible to receive credit for military service under this section, a member must make application for such credit before the effective date of retirement."
First, thanks for making this website and providing information to us. And squashing false rumors. Second, I think it is tempting to panic given the time lag between the passage of the bill in June and governor signing (or not signing). Especially since we have been waiting 14 years of this and it finally seems to be within reach. It is a small bill but big to us. Finally, November - December timeframe for governor signing (or not) is the information you have indicated and that makes sense.
ReplyDeleteAnyone who hears of the bill hitting the governor's desk should post that right here and we should hit the governor with a renewed avalanche of calls and emails.
Thanks again.
THIS IS CUT AND PASTED FROM THE NYSTRS WEBSITE AND MIGHT BE OF INTEREST AS IT IS A GOOD SUMMARY AND SHOULD FORESTALL MISUNDERSTANDINGS IF READ CAREFULLY
ReplyDeleteSummary of Pending Legislation
NYSTRS constantly monitors pending legislation that would affect the retirement benefits of our members. As of 09/20/2014, the following is the status of pending legislation that may impact NYSTRS members.
Military Service Eligibility
S7839/A6974-B
Passed the Senate 6/16/14
Passed the Assembly 6/19/14
S7839/A6974-B amends Retirement and Social Security Law Section 1000 to remove existing requirements for military service to be performed during specified periods of war and certain hostilities. Eligible members may claim up to three years of service credit for military duty. A member must be honorably discharged from the military, have at least five years of credited service and make an application for military credit before the effective date of retirement in order to be eligible. Additionally, Tier 1, 2, 3, 4 and 5 members will pay 3% of salary earned during the 12 months of credited service immediately preceding the year in which a claim is made for each year of military service. Tier 6 members will pay 6% of salary earned during the 12 months of credited service immediately preceding the year in which a claim is made for each year of military service.
Important Note: Members who have retired prior to July 1, 2014 are not eligible under this proposed legislation.
where did the July 1 2014 cutoff come from?? [6] 5. To be eligible to receive credit for military service under
Delete12 this section, a member must make application for such credit before the
13 effective date of retirement. [Notwithstanding the foregoing provisions
14 of this subdivision, an individual who retired on or after December
15 twenty-first, nineteen hundred ninety-eight and before the effective
16 date of this section may make application for credit pursuant to this
17 section within one year following the effective date of this section, in
18 which event, the cost to the retiree would be based on the twelve month
19 period immediately preceding retirement.]
In the first case, the items in brackets are not part of and never have been part of this bill (applies to those who specifically retired between 21 DEC 1998 and 2000 under the awful 2000 bill). Brackets represent deleted portions of the 2000 bill (also thankfully deleted are all the specifice dates and locations of service from the awful 2000 bill).
DeleteThe bill itself clearly notes: "matter in brackets [ ] is old law to be omitted."
Second, reading the actual bill is important: "5. To be eligible to receive credit for military service under
this section, a member must make application for such credit before the effective date of retirement. " I see NYSTRS July 1st 2014 effective date as their interpretation of the effective date of the bill based on bill's language elsewhere "This act shall take effect immediately." Any further comment from me would be speculating. Remember, this is NYSTRS.
I deleted a comment from a purported British army veteran who works for the state who wants to purchase military service credit and a purported US veteran who retired 10 years ago who wants military service credit if this bill passes. LOL. I am not sure if either is serious. Does anybody read anymore?
ReplyDeleteI am waiting for a Star Wars or Salvation Army veteran to write in next. And for the record neither Star Fleet, Star Trek, nor Salvation Army service are qualifying service for this bill (even with an honorable discharge, DD-214, 5 years of NYS employment, current public NYS employment, and no credit for this service in any other NYS pension system). Live long and prosper.
The Governor is in Afghanistan today visiting N.Y National Guard, and 10 Mountain division troops. Could this be a prelude of something good!?!?
ReplyDeleteWill he explain to those NYNG and 10th MTN combat soldiers that under current law they will not be eligible to purchase military service credit in New York?
DeleteI firmly believe that if the Governor actually knew how embarrassing current NY law on military service credit is, he would call for and then sign S7839/A6974-B.
Anybody want to tell the NYNG and 10th MTN troopers that if they were serving in the safety of Kuwait right now they would be eligible under current and arbitrary NY law...that is precisely how awful and arbitrary our current law is!
Even more grotesque/pathetic/embarrassing I saw a picture of Gov. Cuomo visiting a wounded patient at The US Hospital at Landstuhl (Germany) enroute to Afghanistan. That is not the pathetic part because by now we know that Afghanistan veterans are ineligible for military service credit - wounded or not. The army nurses treating this soldier wouldn't qualify under NY's current military service credit either! Germany, like Afghanistan is not on the nonsense list of wartime locations under current military service credit law.
DeleteDo the right think Mr. Governor...call for and sign S7839/A6974-B!
The current law is beyond embarrassing, it is shameful. I have shared with Legislators and anyone who will listen about my conversation with a large group of Ohio Legion members last year at a Veteran's Day celebration in Columbus. They were shocked when I told them about our current law and how it doesn't honor the service of all veterans. The governor will no doubt have numerous photo ops and press releases from his trip to Afghanistan. Governors should visit their home-grown troops if they have a chance. It builds morale and a connection to home. I cannot believe he doesn't sign our bill now. He is brandishing his national security credentials and with that comes a commitment to the troops when they get home. Let's see if the Governor seals the deal by the 2nd or 3rd week of October.
DeleteThis is crazy how long this has taken. The Governor wants to look good on camera in Afghanistan for the General public vote. It looks like he might wait after the ballots to look at the bill. At that point the bill and us have no leverage. And he knows it!!!! We need to set up a group infront of Albany with all the unions and Veteran Groups.
ReplyDeletePassage of a bill, and more specifically transmittal to the governor, is covered in the NYS Rules for the Senate, Rule IX, section 9.
Delete"9. Transmittal of bills to the Governor. All Senate bills passed by the Senate and sent to the Assembly for action shall, upon passage
and return by the Assembly to the Senate, be transmitted by the Secretary to the Governor within forty-five days after receipt from
the Assembly; except that upon the filing of a request to hold such bill with the Secretary by the sponsor of the bill, the bill shall be
held until such time as the sponsor rescinds the request to hold the bill and upon such rescission the Secretary shall transmit
the bill to the Governor within seven days."
My thought is that it has been requested to be on hold until a favorable time for all. The current bill, back in 2000, was signed on October 9th. I think we will see it before the governor soon. Keep the faith and thanks for this site!
A guy at work has been in contact with somebody from Deferred Comp. who is telling him that if and when this bill becomes a law, your years of service can be paid for out of Deferred Comp. I have seen nothing in writing except a comment on this site a while back. That comment is no longer on this site, so I'm guessing it's not true. But, now I've heard it twice. Can anybody reading this verify one way or another? Thanks.
ReplyDeleteSee Below
DeleteIt's not on the Deferred Comp sight. If you go to your Pension site i.e. NYCERS and look up military service buy back it stated money from a deferred comp account can be used as well as payroll deductions or lump sum. If I recall correctly it also states the total amount of the buy back MUST be paid in full prior to retirement. Hope this answered your question.
ReplyDeleteCall COL Eric J. Hesse, SA (Ret), Director New York State Division of Veterans Affair at 518 474-6114 or email him at ehesse@verizon.ny.gov Ask him to urge the Governor to call for and sign the Veterans Equality Act - bill number S7839. He is the advocate for NY's veterans at the state level. Since he served extensively in Aghanistan and Kosovo - two areas currently excluded from military service credit - he should understand exactly how arbitrary and embarrassing current law is!
ReplyDeleteTo send an additional email thru the New York State Division of Veterans Affairs urging the governor to call for and sign the bill you can click here.
Whoops..that email address for the Director is no longer working.
DeleteThe Governor and Lt. Gov. candidate Kathy Hochul are conducting a whistle-stop tour today (Saturday, 4 October) in Albany, Syracuse and Rochester. The theme of the rally in each city is to champion the Governor's record and his vision on Women's Equality in New York. Perhaps the tone of our communications in the days and weeks ahead is to remind the governor that his Women's Equality record and agenda will ring very weak to women, veterans, and voters without his signature on our bill. Let his office know that our sisters-in-arms, and all veterans, need to be honored for their service.
DeleteIs the bill not sitting on senater larkin's desk,shouldn't more pressure be put on him to present this the the governor?
DeleteJust wondering.
This is the reply I got from Senator Larkin in August, "I will continue to do everything I can do move the signing of this Bill along. Currently the Governor has not called the Bill up to be signed."
DeleteSo apparently the Governor has to "call" for the bill, the Senator cannot just walk over to Cuomo's office and hand it to him, I agree with you completely but obviously I don't understand how the government works :-) Keeping my fingers crossed because when its signed I can retire, I only need 18 months of credit to get my 30 years so hoping for the best.
Why don't we start calling the Lt.Gov candidate Kathy Hochul campaign H.Q.s and ask her why the Governor isn't signing the bill? Anybody got a number?
DeleteThe correct email address for the Director of the New York State Division of Veterans Affair (Eric Hesse) is ehesse@veterans.ny.gov. Please refer to the following online pdf (http://vetaffairs.sd.gov/veteransserviceofficers/VSO%20Publications/State%20Directors%20Of%20Veterans%20Affairs.pdf).
ReplyDeleteThanks for the updated address - I just sent this to him ( it duplicates the one I sent via the online contact form to New York State Division of Veterans Affairs ). Keep in mind he is an Afghanistan Veteran (10th Mountain Division, "Climb to Glory").
DeleteSir
As someone who works for our great state and served with the 10th Mountain Division in Afghanistan I am shocked I cannot buy back military service credit here in New York!
Please urge the Governor to call for and sign S7839/A6974 - it passed overwhelmingly in the House (133-1) and Senate (unanimously) this past June and is en-route to his desk. This will send a message that all New York's veterans are valued - not just a few that served here and there at particular times and places.
I have a website with 56,000 hits that helped spearhead the effort on this front- it fully describes how arbitrary and discriminatory current law governing military service credit is. I invite you to take a look: NY Vets for Military Service Credit
Thank you for your attention to this matter.
Climb to Glory!
XXXXXXXXXX
American Legion Post 1244, Greenlawn, NY
CJTF 180/76, Afghanistan 2004
3rd Armored Division (Spearhead!), West Germany 1987-1990
Well written, hopefully this will give us that needed extra push, we are so close.
DeleteClimb to Glory!
ReplyDeleteI know someone who recently got a denial letter from his state employer even though he served twice in Iraq, because he didn't have a Iraq Campaign Medal on his DD214. He served in 2003/2004 before it was even issued.
ReplyDeleteThere is no campaign medal requirement for those who served in "Theater of Operations" in the Gulf War Era (1990-present and includes Iraq, Kuwait, etc) for the purposes of purchasing Military Service Credit with the NYS Retirement Services. Under current NYS law.
DeleteThe DD 214 indicates the location of qualifying service.
As a point of interest - my DD 214 following assignment to Afghanistan (NOT a qualifying location "Theater of Operations" -Gulf War Era) included the annotation of entirely peaceful Kuwait (a qualifying location "Theater of Operations- Gulf War Era ) for 6 days of service and that particular annotation alone meant my entire period of service on that DD 214 qualifies under current law. No medal, no nothing. Just Section 18 on my DD 214 reading in part: "Service in Kuwait: 20040218-20040224//..." Actual and no-brainer retirement services decision referencing only those words and dates.
Had I flown the normal direct route into Afghanistan (via Germany), I would NOT have been eligible under current law. That should help understand why I tell people, "Current law is FUBAR". But I don't say "FUBAR"!
Note: This is NOT the case with qualifying service in Lebanon, Panama and Grenada. For those pre - Gulf War Era conflicts and only for those pre- Gulf War Era conflicts you need the corresponding medal.
See #7 in the above post.
He has two DD214's(two activations). His first one is from 2003 doesn't explicitly state it. However his section 18 on his second tour says activated in support of Operation Iraqi Freedom.
DeleteYou know these civilians just don't get it...smh
"Activated in support of Operation Iraqi Freedom" is not the same as service in Iraq.
DeleteIf neither of his DD 214's specifically indicate service in Iraq (Iraqi Campaign Medal and/or location/ dates in blocks 13/18) he has a problem. This sort of issue does pop up and there is a process to solve it.
He can submit his DD 214 and supporting evidence of Iraqi service to the (Army) Board of Correction of Military Records for a corrected/amended DD 214 for the Iraqi Campaign Medal, dates/locations, etc.
(I assume he has his GWOTEM [block 13/18] and overseas service [bloc 12 f] annotated correctly on each of his two DD 214s.)
From a assemblyman's office
ReplyDelete"
You are correct that A6974A passed both houses of the legislature, we are just waiting for the Senate to deliver it to the Governor’s desk. "
A lot of bills delivered to the Governor today but I did not see S7839 yet.
ReplyDeleteLet us know if/when the status quo changes and our bill is sent to the governor. I'll highlight that fact on the front blog page.
DeleteI called today. I hope everyone is calling! Its the 4 quarter we are on tge goal line. We need to get this done
ReplyDeleteElection day is 3 weeks away. If the Governor is going to call for this bill to sign, I would think he'd want as much of this remaining time as possible. Hopefully, very soon, but we need to keep up the calls and emails. Interesting to note in the comment above, that the Assembly is waiting for the Senate to deliver it and NOT for the Governor to request it.
ReplyDeleteI have lost a little hope. I was expecting Larkin to deliver it so that the 30 day period would expire JUST before the election, to put a little heat on the Gov.
ReplyDeleteBut, there is still hope that the Gov had already advised the Larkin that he will call for it just before the election so they can all claim credit in some PR conference, just before the election. This would be better.
It’s not dead yet!
WSF
No need to lose hope just yet. The governor actually only has 10 days to sign - the 30 day window is for when the Legislature is not in session. Though they finished their business in June, the Legislative Liaison in my agency tells me they are still technically considered "in session" until the end of the year. There are about 200 bills waiting for the governor's signature or veto between now and the end of the year. I would not start to get concerned yet. If the governor hasn't at least called for the Vets Buyback Bill by the week before Veterans Day, then the bill could be in trouble.
ReplyDeleteNow that we have the all-important "yogurt is the official snack of NY" legislation signed into law maybe we can move on to more trivial matters. Such as bill S07839...
ReplyDeleteBelow is the response received from one of the state senators chief of staff:
ReplyDelete"Traditionally, bills are sent up in groups spread out between the end of session and the end of the year. Usually, bills that are time sensitive go up first or if the bill sponsor makes a special request. I made an inquiry and was told the bill will be going up to the Governor's office soon. Most likely in early November. Just because a bill has not been sent up yet, does not reflect its chances of being signed by the governor. "
An article I read said the legislature passed 668 bills this year. At least 400 have went to the Governor and none have been vetoed. Do not give up hope. I believe the Governor supports veterans in general and I believe he will agree that signing this bill into law is simply the right thing to do on many levels.
ReplyDeleteVeterans day would be the perfect time to sign the bill.
ReplyDeleteThat would be after election day though. Nov 4th is election day. Not that it looks like he's gonna lose anyway. He has a decent lead in polls. He can pretty much guarantee alot of votes if it gets signed prior to that. Wishful thinking I guess.
DeleteHe is going to easily win reelection - this has been obvious for the last year. He doesn't need this very small bill to aid him in that effort. I agree with a couple of the above comments (Oct 19 and 20) - he'll receive and sign this inexpensive and bipartisan bill effecting a small number of veterans prior to the end of the year. Don't sweat it.
DeleteIf I were his strategist , considering how large a percentage of the Primary vote Teachout got .... I would want to win by as large a margin as possible .... So I can claim his reelection as a " Mandate "
ReplyDeleteGiven the tiny number of vets covered under the new bill, the very modest cost of the new bill, and the equally modest number of folks who might complain about the bill (public sector pension costs, etc.), I have never thought of this as a bill that would build much additional support or opposition for the Governor in his reelection campaign. I just don't see it it as a Veterans Day or Election Day issue. I suppose one day he might have this as a miniscule item on a list of things he has done for veterans as he aims for higher office but that is a bit farfetched/speculative at this point. I do agree with Anonymous October 25 comment in that - given the overwhelming support in Senate and Assembly - it will be signed this year.
ReplyDeleteWe need to get this message out on social media for others to contact his office...Thank you Assemblyman Lalor for looking out!
ReplyDeleteBy 'his' I am assuming you are writing to Gov. Cuomo's office and you are spreading the word on social media to write/call Gov. Cuomo's office.
DeleteAssemblyman Lalor nails it!
More publicity on this inexpensive bill for justice for NY's left out veterans (Combat [Afghanistan, Somalia, Bosnia Kosovo], Wartime [Gulf War Era], and Cold War Veterans) is the right pressure on Governor Cuomo.
Like this facebook page and encourage your friends and family to as well; lets put some pressure on Cuomo!
ReplyDeletehttps://www.facebook.com/#!/GOVCUOMODOESNOTSUPPORTVETS
For some reason I cannot highlight the link in the comments. Simply search Governor Cuomo does not support vets on a facebook search, and the page will show up. If we get a decent amount of likes, I'll send a link to the Governor's office.
ReplyDeleteI've been advised that S7839 was delivered to the Governor today. Please call the Governor's office and encourage him to sign it into law.
ReplyDeleteIMMEDIATE: BILL IS IN GOV's OFFICE. 10 DAYS (not Sundays) TO SIGN OR VETO. DELIVERED 29 OCT 2014. IF THE GOV DOES NEITHER IT BECOMES THE LAW. THE TIME TO ACT IS NOW MY FELLOW VETS.
DeleteCall the Governor's office at 518-474-8390 , Monday through Friday between the hours of 9AM and 5PM and leave a message in support of the Veterans Equality Act - bill number S7839
Email the Governor's office at: gov.cuomo@chamber.state.ny.us and leave a message in support of the Veterans Equality Act - bill number S7839
I just called the number (518-474-8390) myself. Pressed '3' as per the instructions, spoke to a nice assistant, told her I know the GOV supports vets and that I was one from Long Island and encouraged her to ask him to please sign the bill for veterans equity - S7839/A4974 - that hit his office today. She was familiar with the bill, asked me my zip code and that was that. Easy. Now I am going to email the same - and will be asking my co-workers to help out. They support vets too!
ReplyDeleteIf the GOV. signs this bill, not only dose he have my vote. This will restore my fath in the system. Because of late I've lost it. Upstate disable VET! PS. my fellow Vets it's been a tough race for the governor even with the polls saying he's ahead. If this bill goes threw all those that backed it and that was all but one. They all deserve our vote including the GOV. Get out and vote with your support!
ReplyDeleteI called and I hope everyone else is! Lets get this done
ReplyDeleteI called too (several times these last few months). Don't stop now! Get the word out to your friends as well. This is such a no-brainer, but we need to keep the pressure on.
ReplyDeleteI just called and spoke with an assistant. As soon as I said I was asking for the Governor to sign a bill that was delivered today she said "oh, would that be the Veterans buy back bill?". They must be getting a ton of calls. Keep it up. The end zone is in reach.
ReplyDeleteThat wording is a good sign. Veterans buyback sounds like a fair deal. Definitely a good sign
DeleteGreat NY AFL-CIO website solely for our bill with online submission form. Makes contacting the governor and urging him to sign our bill easy! http://nysaflcio.org/veteransbuyback . Now I'll make reaching the site easy, just click here. Looks like we are not all alone fighting for our bill!
ReplyDeleteI just called as well as my family and friends will continue to call everyday for the next 10 days! I served in OEF and as NYS Combat Veterans we deserve this Bill to be put into law. Please sign it Governor show your support to us!
ReplyDeleteA little confused called his office today and his seceretary said he has 30 days to make a decision not including Sundays. Does he have 30 days or 10 days.
ReplyDeleteI am not too concerned about that and am expending my energy calling and getting my friends to call. Very easy to get bogged down on issues/discrepancies/legislative interpretations like that. Seasoned legislative assistants tells us the legislature is technically 'in session" so the 10 day rule applies. Notwithstanding NYS handbooks, secretary representations, etc. See Oct 15 comment, above. Lets focus on the issue at hand:
DeleteFrom AFL-CIO Website: "The Veterans’ Buyback bill (S7839) that was passed by both houses of the legislature was sent to the Governor on 10/29/14. The Governor now has 10 days to act on this bill, which brings it to the eve of Veterans’ Day." See http://nysaflcio.org/veteransbuyback/ This is a great website to contact governor BTW.
From PEF Website: "The Veterans Buyback Bill has reached Governor Cuomo’s desk! He now has 10-days (not including Sundays) to sign or veto the bill. The governor’s failure to sign or veto a bill within that 10-day period means it becomes law automatically." http://www.pef.org/
I wish he'd call for a signing ceremony. I'd love to see it, it's historic. One of the greatest Veterans initiatives in NYS over the past 15 years and a fantastic example of how grass root efforts, citizen awareness, courageous state representatives, TENACIOUS VETERANS and a responsive Governor can work together to make a difference.
ReplyDeleteI too wish he would call for a signing ceremony. Because then we would know for sure he was going to sign it!
Deleteyes , a veteran's day signing ceremony !
ReplyDeleteHopefully this will serve to clarify the 10 day/30 day, in session/out of session confusion that's going on. I know what NYsenate.gov says and their session calendar shows the Legislative session ending on June 19.
ReplyDeleteI just got off the phone minutes ago with a representative from the NY State Public Employees Federation. PEF had the same questions regarding the 10 or 30 days for the Governor to sign. They wanted to be correct before putting it on their website so they called a NY legislator who is an expert in legislative law. That legislator explained that the Legislation is technically always "in session" because a legislator needs to go in every 2 days throughout the year to "dabble". Her words to me were that the Governor absolutely has 10 days to act and that he has until the eve of Veteran's Day to do so.
Thanks Jeff. PEF and AFL-CIO are really the experts here. I deleted the distracting posts on the topic.
DeleteI meant to say Legislature, not Legislation above.
ReplyDeleteTHANK YOU "VETERAN STATE EMPLOYEE" FOR ALL YOU HAVE DONE AND CONTINUE TO DO TO KEEP ALL OF US INFORMED AND MAINTING THIS WEBSITE !! THANK YOU IS JUST NOT ENOUGH FOR WHAT YOU HAVE DONE FOR ALL YOU FELLOW VETERANS.
ReplyDeleteHe is the Man......Veteran State Employee is the "six" of this effort.
ReplyDeleteWe absolutely would not be where we are now without Bob and this blog - thanks so much man. - Don
ReplyDeleteYes, THANK YOU!!! NOW LETS BRING IT HOME!!!
ReplyDeleteThank you from me and my family
ReplyDeleteWe must continue with the letters and the calls until we see this through! Bob you truly are a patriot for all of your hard work, thank you!!
ReplyDeleteMONDAY MORNING LETS MAN THE PHONES
ReplyDeleteLets keep up the phone campaign. Just got off the phone with the Gov's office. Staff is very friendly and keeping a running tally of calls.
ReplyDeleteDitto. Left a message letting him know we are looking forward to his support to get equal credit for our service, and that we are with him in the good fight.
ReplyDeleteYou would think he would sign it before the election
ReplyDeleteNote from AFL-CIO Website (linked at top of post): "The Veterans’ Buyback bill (S7839) that was passed by both houses of the legislature was sent to the Governor on 10/29/14. The Governor now has 10 days to act on this bill, which brings it to the eve of Veterans’ Day." The bill has nothing to do with election day.
DeleteThought today would be the day
ReplyDeleteBob,
ReplyDeleteRegardless of this bill passing or not I'd like to Thank you for all the work you've put into this site. Many veterans here at work are very hopeful for this bill to pass, and your blog keeps us all informed. I see you are from Long Island, I'd like to buy you a beer one day.
SSgt Richard Kneuer USAF
@ The Veteran State Employee: Thank you for all the hard work & effort you have put into this site. I am a Cold War Veteran that served in the USAF from 81-87 with 3 yrs in Germany.I have been employed with local gov't for 19 yrs & was 1st denied 14 yrs ago when I was 1st eligible to apply for buyback because I lacked the proper Honorable yrs of service & did not receive the proper medals. Even though my salary has increased greatly over the last 14 yrs & I still have my fingers crossed that the Governor will sign this bill so I can buyback 3 yrs @ 3%! Bob for NYS Governor in 2018! Thanks Rick S.
ReplyDeleteThis is the final last days Veterans let's keep the phones ringing at the RE ELECTED GOVERNORS OFFICE!
ReplyDeleteAt this point I don’t expect that he will sign it. Why not sign it before the election for the publicity. My guess is that he isn’t signing it because it wasn’t funded. Yes, I heard the argument that this will cost an insignificant amount compared to the total budget, but that argument is used too often and all those insignificant “additions” add up fast.
ReplyDeleteLet’s hope that it isn’t a coincidence that if he doesn’t veto the bill it will effectively become law on Veterans Day! My guess here is that since it passed the legislature almost unanimously that he won’t veto it because that would be counterproductive and that he had advised somebody that he would not veto it.
My question to the experts is: If he does veto it, does the legislature have to override before 123114 to not have to start from scratch again?
Thanks!
I am thinking he asked for this bill and now that it has been sent over there is no way he'll veto it. Bills aren't sent over without being requested... Senator Larkin has been very clear on that. So I am nearly certain he's signing it within the week!
ReplyDeleteThis question was asked me today and I couldn't answer it.Say you are 55 years old with 28 years of service if you bought 3 years of military credit would that put you over 30 so you could retire without a penalty? Inquiring minds want to know :-)
ReplyDeleteI would like to add to that question: Can the 3 veteran’s service credit years be used to bridge to the 20 year 2%/year plateau. That’s my hope. If not I work past 70 years of age! I wish I had the 55/30 problem.
DeleteI researched it and the only thing I specifically saw that can’t be used is sick time credit, so I’m hopeful.
To answer the above question. Example: a uniformed tier 4 member that has a 20 and out pension and is caped at a maximum of 65% of total earnings achieves this max by working 30 years. If the individual bought back 3 years military time when they had 27 years of service could retire immediately and get the maximum 30 years credit. If this individual stay 28 years they can only benefit with 2 years buy back to achieve their maximum retirement benefit. The one year they bought back that does not benefit them is refunded back to them. Bottom line, if the buy back does not add value to your retirement pension payment of the overage that does not benefit you is refunded. Hope answers your question.
DeleteYou might want to contact your retirement services (ERS, TRS, etc) directly - those are the same folks you will be dealing with if/when the bill passes. They answer this sort of question on a daily basis.
Deleteyes, military time can be used to get to either 20 or 30 years , but it must be completely bought back BEFORE the effective date of retirement .
ReplyDeleteGovernor Cuomo publicly stated during his victory speech some of the things he plans to enact during his next term.One that included passing the DREAM ACT. . Don't get me wrong as this country was built on the backs of immigrants whether legal or not. To veto a bill that would support the dedicated individuals that served this country in which veterans gave up part of their lives to defend and maintain the security of ALL people in this great country would indicate service of ones country means nothing. If we are willing to support immigrant inclusion we must so show support for those who have made it possible to achieve the American Dream.
ReplyDeleteOn a separate note,I always found the following to be troubling: When I joined civil service and identified myself as a veteran it was mandatory to produce my DD 214. After review I was told I receive no military credit because of the time frame served. The catch 22 is this: had the DD214 been dishonorable I would not have been hired. Hence I received no credit for service however it would have been used against me if it was dishonorable. Always felt this was totally unjust. Hopefully this bill is made into law for the simple fact that it's the right thing to do.
Think positive people. I for one have faith in Governor Cuomo.
ReplyDeletea pocket veto will have the same effect as a signing ceremony ! time is ticking !
ReplyDeleteWhat do you mean pocket veto? I don't think we want a pocket veto. That only applies under the 30 day rule. Its my impression the 10 day rule applies here. If he does nothing it becomes law automatically, certainly not a "pocket veto". Under the 10 day rule he should take action. If he vetoed so close to veterans day, That wouldn't be a cool thing to do. If he ignores, he couldn't take proper credit. Seems to me, if I were him I would sign and take full credit. It looks like the best choice if I were in his shoes
ReplyDeleteI think the comment (Nov 5, 3:06) is from someone who does not know what 'pocket veto' means and does not know it does not apply in any case to our bill.
DeleteIf I am reading correctly if you retired in the 2014 year prior to the signing you are unable to take advantage of this bill
ReplyDeleteu are correct
DeleteSee Sept 20th comment, above.
DeleteThe wait is painful. I really hope this governer appreciates the veterans of New York.
ReplyDeleteWatch a little tube folks. Media is all about veterans already in preparation for Veterans Day. The Gov has said he wants pay equity. He has to say no, explicitly, over Veterans Day weekend. I just can't find the play behind saying no to this....I get the rise I property tax liability to a degree, but I think that might have more to do with why he didn't do it before the election, not why he wouldn't do it now.
ReplyDeletePrecisely why he is going to sign it. He's not going to want the backlash for coming out and saying he doesn't support veterans on Veteran's Day. From a political stand point, that would be crippling to any future career aspirations. He didn't need this for the election. That was predicted in this forum and proven during the election. He won by almost half a million votes. Maybe, just maybe, he could actually just simply be looking to do what's right. The timing of this bill couldn't be more perfect. Have a little faith.
DeleteHe'll sign the bill. The Governor wouldn't request a veterans bill a week before Veterans Day to veto it. He's an aspiring politician with bigger aspirations, politically it would be foolish and everything a politician does is calculated. I'm confident that by weeks end, we'll learn that next week there will be a signing ceremony for this bill. Stay positive and get ready to write a check soon to buy back your military service. Again, thank you to Veteran State Employee for all his hard work and hopefully you get an invite to the ceremony.
ReplyDeleteI 100% agree. This is a small bill that directly effects a small bunch of folks working for the state but sends a big message - a message Gov. Cuomo is happy to sign and send: Equity and honor for our veterans. I got involved with this effort because I knew that current law was so inequitable to veterans that with a united effort - and some publicity on the inequities - the legislators would ALL support the bills and once the reconciled bill reached his desk, the governor would sign it into law.
DeleteLets stay on those phones
ReplyDeleteJust called......wondering when he will at least leak his plans...
ReplyDeleteHe vetoed it.
ReplyDeleteUnbelievable, I can't believe he vetoed it. Well, happy Veterans Day to you Mr. governor. Shame on you
ReplyDeleteI certainly hope that the Senate and assembly try to override this, this is absolutely ludicrous
ReplyDeleteHow do we know he veto it? Can't find anything to back up Anonymous 11/7 at 2:08pm.
ReplyDeletehttp://assembly.state.ny.us/leg/?default_fld&bn=A06974&term=2013&Summary=Y&Actions=Y&Votes=Y&Memo=Y&Text=Y
ReplyDeleteDid he really veto it
DeleteHere is a copy of his justification from the Times Union Website. He betrayed us - and typically chose a Friday when few are paying attention to do it.
ReplyDeletehttp://blog.timesunion.com/capitol/archives/224181/cuomo-vetos-veterans-peacetime-pension-sweetener/
Even his tone in the memo is nasty
ReplyDeletealso see http://polhudson.lohudblogs.com/2014/11/07/cuomo-vetoes-veterans-pension-bill/
ReplyDelete