STATE OF NEW YORK
________________________________________________________________________
5398--A
2025-2026 Regular Sessions
IN SENATE
February 21, 2025
___________
Introduced by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
and when printed to be committed to the Committee on Veterans, Home-
land Security and Military Affairs -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the retirement and social security law, in relation to
military service credit
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 1000 of the retirement and social
2 security law, as amended by chapter 585 of the laws of 2022, is amended
3 to read as follows:
4 1. A member, upon application to such retirement system, may obtain a
5 total not to exceed three years of service credit for up to three years
6 of military duty, as defined in section two hundred forty-three of the
7 military law, if the member (a) was honorably discharged from the mili-
8 tary, or (b) has a qualifying condition, as defined in section [three
9 hundred fifty of the executive] one of the veterans' services law, and
10 has received a discharge other than bad conduct or dishonorable from
11 such service, or (c) is a discharged LGBT veteran, as defined in section
12 [three hundred fifty of the executive] one of the veterans' services
13 law, and has received a discharge other than bad conduct or dishonorable
14 from such service. For purposes of this subdivision, military duty
15 shall also include active duty in the military service of the state
16 pursuant to an order of the governor issued pursuant to section six or
17 seven of the military law, and state active duty by members of the
18 national guard who are activated pursuant to a call of the governor of
19 this state as provided for by law.
20 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00849-03-5
