Current Law Discriminates Against Women - A6974 and S4714 Fix That

Article 20 of the Retirement and Social Security Law Currently States:

In order to 'buyback' up to three of their military years into the New York State retirement (pension) System 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)

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) (1)
Grenada (10/23/83 – 11/21/83) (2)
Panama (12/20/89 – 1/31/90) (3)

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) (4)


1. Lebanon: Essentially 0 women served with the Marines in Lebanon during that restrictive period. Of course scores of U.S. servicewomen treated (and donated blood to) the injured and dying in Landstuhl (Germany) and Frankfort (Germany) Hospitals following the bombing of the Marine Barracks (Beirut) but they did not receive the Expeditionary Medal so they are excluded from purchasing Military Service credit in New York under current law.

2. Grenada:Only 200 of the 8000-person Grenada Invasion force were female. (Source is here)

3. Panama: Only 650 of the 16,000-person Panama Invasion force were female (Source is here). At the time only 56% of positions in the army were open to women - none in the combat arms (source is here).

Thus, almost all the eligible New York State veterans from this era are male.  Females are essentially excluded by statute. Of the hundreds and thousands of women who served bravely in uniform in the 1980's, less than a thousand are eligible under New York's current military service credit law.

• Artice 20 of the RSSL is therefore discriminatory, females are overwhemingly shortchanged, and Article 20 must be amended via A6974 and S4714.

Why were so few females part of these three favored (in New York State law) conflicts? Certainly not by choice. Women were legally banned from combat units, combat planes, and combat ships - they were seen as too physically weak, 'fragile" and too 'emotional'. 

Lebanon, Grenada, and Panama occurred prior to these changes:

• 1992 The Defense Authorization Act repealed the long-standing combat exclusion law for women pilots.

• 1993 President Clinton signed the military bill ending combat exclusion for women on combatant ships.

• 1994 Defense Secretary Aspin approved a new general policy to allow Army women to serve with some ground combat units during fighting.

4. Theater of Operations: The last restrictions on women in combat were only lifted in 2013 and therefore even eligible veterans of Desert Storm and Operation Iraqi Freedom are disproportionately male. Further, in those two wars  women (and men) serving outside the combat zone but providing direct lifesaving support to the combat zone (including, of course, those serving at Landstuhl and Walter Reed Hospitals) are banned from purchasing military service credit in New York.

In this picture taken Aug. 29, 2011 a US soldier who was wounded in Afghanistan is carried out of the bus at Landstuhl Regional Medical Center in Landstuhl, Germany. (AP /Michael Probst). Neither the wounded soldier nor any of the Landstuhl medics and army nurses qualify to purchase New York State military service credit under current law.

Because A6974 and S4714  will expand eligibility to ALL servicemen and servicewomen who served honorably while on active duty, the discriminatory effect is erased.  If you are for gender equity and for honoring all our veterans in an equitable manner you will support A6974 and S4714.



5. Note to NYS Speaker of the Assembly, Are these Empty Words?

"The Assembly Majority has once again demonstrated its resolve and today passed the Women's Equality Act. From this point forward, we will work together with Governor Cuomo and with the advocates to hold accountable those elected officeholders who stand in the way of achieving our goal of full equality." 
  - Sheldon Silver, Assembly Speaker
Assembly Upholds Pledge to Protect and Defend Women's Equality in New York

Note To NYS Senate Majority Leader, Are these Empty Words?

 “The contributions and sacrifices made by New York’s active duty military, veterans, and their families are an inspiration to us all and I thank Governor Cuomo for holding this summit to help continue to explore the ways we can give back. My colleagues and I, led by Senator Greg Ball, Chairman of the Veterans, Homeland Security and Military Affairs Committee, are committed to building upon our efforts to ensure that veterans receive the benefits, support system, and opportunities they deserve.”
https://www.governor.ny.gov/press/03202013-veterans-and-military-families-summit


Note to NYS Governor, Are these Empty Words?

For too long New York's laws have not properly protected women's rights. These are significant problems, and big issues to tackle. But in New York, that's what we have always done. And as long as I'm Governor, that's what we will continue to do. 

 - Andrew M. Cuomo, Governor, New York State 

http://www.huffingtonpost.com/andrew-cuomo/womens-rights-are-human-r_1_b_3380829.html


6. Assembly Bill (A6974 - Military Service Credit Buyback for All Vets, 84 co-sponsors as of 20 May 2014) is now in the Ways and Means Committee (final stop before the vote in the full assembly). We cannot let it die in committee!

A Call the Committee Chair to place A69744 on the Committee Agenda now for a vote (use the below link).

• Assemblyman Herman Farrell, Jr. Ways and Means Committee Chair.(A co-sponsor of A6974) (518) 455-5491. Ask him to put A6974 on the next Committee Agenda.

7. Senate Bill S4714 (Military Service Credit Buyback for All NY Vets, 44 co-sponsors in the Senate as of 20 May 2014) is now in the Senate Finance Committee (final stop before a full Senate vote).We cannot let it die in committee!

A Call the Committee Chair to place S4714 on the Committee Agenda now for a vote (use the below link).

• Sen. John A. DeFranciscoSenate Finance Committee Chair. (A co-sponsor of S4714)(518) 455-3511. Ask him to put S4714 on the next Committee Agenda.