A09106 Summary:

BILL NO    A09106A

SAME AS    SAME AS UNI. S06180-A

SPONSOR    Lancman

COSPNSR    Pheffer, Colton, Cusick, Schimel, Young, Farrell

MLTSPNSR   Benedetto, McEneny, Peoples

Amd S242, Mil L

Enacts the soldier salary act; relates to the salary payments of public
officers and employees who serve in active duty.
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A09106 Actions:

BILL NO    A09106A

06/12/2007 referred to governmental employees
06/18/2007 reported referred to ways and means
10/17/2007 amend (t) and recommit to ways and means
10/17/2007 print number 9106a
10/23/2007 reported referred to rules
01/09/2008 referred to governmental employees
02/26/2008 reported referred to ways and means
05/13/2008 reported 
05/15/2008 advanced to third reading cal.992
05/19/2008 substituted by s6180a
           S06180  AMEND=A  GOLDEN
           06/12/2007 REFERRED TO RULES
           10/17/2007 AMEND (T) AND RECOMMIT TO RULES
           10/17/2007 PRINT NUMBER 6180A
           10/22/2007 ORDERED TO THIRD READING CAL.2188
           10/22/2007 PASSED SENATE
           10/22/2007 DELIVERED TO ASSEMBLY
           10/22/2007 referred to ways and means
           01/09/2008 died in assembly
           01/09/2008 returned to senate
           01/09/2008 REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
           03/04/2008 1ST REPORT CAL.442
           03/05/2008 2ND REPORT CAL.
           03/10/2008 ADVANCED TO THIRD READING 
           03/27/2008 PASSED SENATE
           03/27/2008 DELIVERED TO ASSEMBLY
           03/27/2008 referred to ways and means
           05/19/2008 substituted for a9106a
           05/19/2008 ordered to third reading cal.992
           05/19/2008 passed assembly
           05/19/2008 returned to senate
           06/27/2008 DELIVERED TO GOVERNOR
           07/07/2008 SIGNED CHAP.238
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A09106 Votes:

There are no votes for this bill in this legislative session.
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A09106 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9106A
 
SPONSOR: Lancman
  TITLE OF BILL: An act to amend the military law, in relation to enacting the public servant soldier salary act   SUMMARY OF PROVISIONS: This bill makes changes in law with respect to salary paid to New York City employees called up to active duty. Section 1. Names the act the "citizen soldier salary act". Section 2. Creates a new subdivision 5-a of section 242 of the military law, "Pay for employees of a city with a population of one million or more," to govern the calculation of compensation and repayment by public officers or employees of New York City who are engaged in the perform- ance of ordered military duty.   REPAYMENT TERMS: The bill changes repayment terms for individuals who (1) were called up and have already returned, or (2) entered into agree- ments and will return after the effective date of the bill, or (3) will be called up after the effective date, as follows: 1. For those who were called up and returned before the effective date of the bill, and a. are still in city service, the new repayment schedule will be 7.5% of base salary, which is the salary the individual received on the date of return, and a ten year repayment schedule from date of return. b. have retired, the payment is 7.5% of their pension with a term of ten years from the date of return. c. have separated from city service for reasons other than retirement, the base is 7.5% of their last year of city salary. 2. For those called up and returned after the effective date of the bill, and are still in city service, the new repayment schedule is the same as for the previous group, except that for those who have left city service for reasons other than retirement, the base is 7.5% of the city salary as of the year of return. 3. For those called up in the future, after the effective date of the bill, there will be no required repayment. 4. For those who die in the performance of ordered military duty the bill eliminates any requirement for repayment.   HARDSHIP & INSURANCE: In each case where repayment is required, the city is required to provide insurance and a hardship exception on a case by case basis. 1.   INSURANCE, the city is required to provide far the continuation of health insurance benefits, to the public servant soldier and to such public servant soldier's family, if the family had been included in such coverage prior to the public servant soldier beginning ordered military duty, under the same terms and conditions as applied to such public servant soldier prior to leaving city employment for ordered military duty. 2.   HARDSHIP, hardship relief will be provided on a case by case basis under certain conditions including but not be limited to any material unforeseen or compelling changes in circumstances affecting the individ- ual's ability to repay that occurred since the individual elected the "Full pay/repayment plan." This includes but is not limited to injuries sustained while on ordered military duty, or a determination by the implementing agency that the public servant soldier is or will be expe- riencing severe economic hardship due to a change in circumstances. Relief may include (i) an extension of the repayment term or (ii) a reduction in the percentage of salary dedicated to repayment, or (iii) a determination that the requirement for a balloon payment will create economic hardship and amelioration.   PLANS: The plans will also be different The current play is the "Full pay/repayment plan" under which public servant soldiers elected to receive city salary while on military duty, and are required to repay the lesser of their city salary or their military salary to a city upon return from military duty. The new plan is the "Differential pay" plan, which pays the difference between a public service soldier's military salary and city salary. "Military salary" is the gross salary paid to a soldier without regard to such extra or additional stipends as hazard pay, housing or food allowances, or other similar additions. These provisions will only apply to "Covered operation," which are mili- tary operations designated by the federal government in support of "Operation Enduring Freedom", "Operation Iraqi Freedom", "Operation Noble Eagle", or successors thereto, or operations specifically connected by federal designation, action or implication With Homeland Security. The bill also provides that a soldier called up will receive, city sala- ry for up to 30 working days in any one calendar year and not exceeding 30 working days in any one continuous period. This provision will extend until August 1, 2010, unless the mayor extends the date.   JUSTIFICATION New York City like other municipalities has a program that pays its employees who perform ordinary National Guard and Reserve military service up to 30 days per year, a period extended by 60 days for employ- ees ordered to active duty in connection with the 9/11 terrorist attacks. Although state statute and executive order establishes uniform rules for all localities to follow when it comes to employees performing reserve duty no statute or regulation establishes uniform requirements or rules for a system of differential pay for employees ordered to active mili- tary service for durations of longer then 60 days, such as those employ- ees mobilized for Iraq or Afghanistan. Each locality is free to adopt or not adopt a system of differential pay for such employees, and is completely free to adopt its own system of rules for administering such a program. New York City's Pay system has resulted in hardship in some cases, because of the way the repayment system is applied. The City's differen- tial Pay Program is structured in such way the City employees are often required to pay back a significant amount of money when they return from deployment. These problems ore resolved in the current bill.   FISCAL IMPACT: None to the state.   EFFECTIVE DATE: 120 days after it becomes law.
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A09106 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 6180--A                                            A. 9106--A
 
                               2007-2008 Regular Sessions
 
                SENATE - ASSEMBLY
 
                                      June 12, 2007
                                       ___________
 
        IN  SENATE -- Introduced by Sen. GOLDEN -- read twice and ordered print-
          ed, and when printed to be committed to  the  Committee  on  Rules  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee
 
        IN ASSEMBLY -- Introduced by M. of A. LANCMAN, PHEFFER, COLTON,  CUSICK,

          FIELDS,  SCHIMEL,  YOUNG  -- Multi-Sponsored by -- M. of A. BENEDETTO,
          T. GORDON, PEOPLES -- read once  and  referred  to  the  Committee  on
          Governmental  Employees  --  reported and referred to the Committee on
          Ways  and  Means  --  committee  discharged,  bill  amended,   ordered
          reprinted as amended and recommitted to said committee
 
        AN  ACT  to  amend  the military law, in relation to enacting the public
          servant soldier salary act
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  This  act  shall be known and may be cited as the "public
     2  servant soldier salary act".
     3    § 2. Section 242 of the military law is amended by adding a new subdi-
     4  vision 5-a to read as follows:
     5    5-a.  Pay for employees of a city with a population of one million  or

     6  more. This subdivision shall govern the calculation of compensation and,
     7  where applicable, repayment of same by public officers or employees of a
     8  city  with  a  population  of one million or more who are engaged in the
     9  performance of ordered military duty, including time spent traveling  to
    10  and  returning  from such duty. In any conflict between this subdivision
    11  and any other provision of law  with  respect  to  such  public  servant
    12  soldiers, this subdivision shall be controlling.
    13    (a) Definitions. As used in this subdivision:
    14    (i)  "Base pay of city salary" means the base pay received by a public
    15  officer or employee from employment by a city. For public  officers  and
    16  employees  who, prior to the effective date of this subdivision, elected
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13753-03-7

        S. 6180--A                          2                         A. 9106--A
 
     1  to participate in a "full pay/repayment plan",  have  returned  to  city
     2  employment  from  ordered military duty as of the effective date of this
     3  subdivision and are, on the effective date of this  subdivision,  public
     4  officers  or  employees, the base pay of city salary shall be calculated
     5  by the implementing agency as the salary received by the public  servant
     6  soldier  as  of  the  effective  date of this subdivision or the date of

     7  return to city service, whichever is later.
     8    For public officers and employees who, prior to the effective date  of
     9  this  subdivision, elected to participate in a "full pay/repayment plan"
    10  and who return to city employment from ordered military duty  after  the
    11  effective date of this subdivision, the base pay of city salary shall be
    12  calculated on the date of return to city employment.
    13    For  public officers and employees who, prior to the effective date of
    14  this subdivision, elected to participate in a "full pay/repayment  plan"
    15  and  who  have, by the effective date of this subdivision, already sepa-
    16  rated from city employment in a manner other  than  by  retirement,  and
    17  except  where  the  implementing agency shall determine the existence of

    18  hardship, the base pay of city salary shall be calculated as the  salary
    19  received by the public servant soldier as of the date of separation from
    20  city service.
    21    For  public officers and employees who, prior to the effective date of
    22  this subdivision, elected to participate in a "full pay/repayment  plan"
    23  and  who separate from city employment in a manner other than retirement
    24  after the effective date of  this  subdivision,  and  except  where  the
    25  implementing  agency shall determine the existence of hardship, the base
    26  pay of city salary shall be calculated as the  salary  received  by  the
    27  public servant soldier as of the date of return to city service.
    28    (ii)  "Balloon  payment" means the payment required for full satisfac-

    29  tion of any remaining outstanding repayment obligation after  ten  years
    30  from the date of return from ordered military duty pursuant to paragraph
    31  (e) of this subdivision.
    32    (iii) "City" means a city with a population of one million or more.
    33    (iv) "City salary" means the gross salary received by a public officer
    34  or  employee  from  employment  by  a city, before taxes, deductions, or
    35  court-ordered payments, required or voluntary; but excluding payments by
    36  a city as employer for health, pension, and other benefits.
    37    (v) "Covered operation" means those military operations designated  by
    38  the  federal  government  of the United States, in support of "Operation
    39  Enduring Freedom", "Operation Iraqi Freedom", "Operation  Noble  Eagle",

    40  or  successors  thereto, or operations specifically connected by federal
    41  designation, action or implication with homeland  security.  The  imple-
    42  menting  agency  may make such additional designations on a case-by-case
    43  basis as it shall deem, in its discretion, to be  in  keeping  with  the
    44  spirit and intent of this subdivision.
    45    (vi)  "Differential  pay"  means  the pay calculated as the difference
    46  between a public servant soldier's  military  salary  and  city  salary,
    47  where the military salary is less than the city salary.
    48    (vii)  "Full  pay/repayment  plan" means a salary and benefits plan in
    49  effect in a city prior to the effective date of this subdivision whereby
    50  a public servant soldier elected to receive city salary while  on  mili-

    51  tary  duty,  but  is required to repay the lesser of such city salary or
    52  military salary to a city upon return from military duty.
    53    (viii) "Implementing agency" means an agency of a city, as  designated
    54  by  the  mayor  of such city in writing, that is authorized to implement
    55  the provisions of this subdivision.

        S. 6180--A                          3                         A. 9106--A
 
     1    (ix) "Military salary" means the gross salary paid by  the  government
     2  of  the  United  States to a public servant soldier for ordered military
     3  duty in the armed forces of the United States in a covered operation, as
     4  further defined by the implementing agency, provided that such  military

     5  pay  shall  be  calculated  without  regard  to such extra or additional
     6  stipends as hazard pay, housing or food  allowances,  or  other  similar
     7  additions.
     8    (x)  "Public  officer"  or  "employee"  means  a  public officer or an
     9  employee of a city.
    10    (xi) "Public servant soldier" means a public officer or employee of  a
    11  city performing ordered military duty in connection with a covered oper-
    12  ation.
    13    (b)  The  mayor of a city shall designate an agency of such city to be
    14  the implementing agency that will administer and implement this subdivi-
    15  sion.  The implementing agency is hereby authorized to and shall:
    16    (i) provide for the continuation of health insurance benefits, to  the

    17  public  servant  soldier and to such public servant soldier's family, if
    18  the family had been included in such coverage prior to the public  serv-
    19  ant  soldier  beginning  ordered military duty, under the same terms and
    20  conditions as applied to such public servant soldier  prior  to  leaving
    21  city employment for ordered military duty; and
    22    (ii)  provide  for hardship under certain conditions determined by the
    23  implementing agency for public servant soldiers who elected  to  partic-
    24  ipate in a "full pay/repayment plan". Such conditions shall include, but
    25  shall  not  be limited to, any material unforeseen or compelling changes
    26  in circumstances affecting a public servant soldier's ability  to  repay

    27  that  occurred  since such public servant soldier elected to participate
    28  in the "full pay/repayment plan," including but not limited to  injuries
    29  sustained  while  on  ordered  military  duty, or a determination by the
    30  implementing agency that the public servant soldier is or will be  expe-
    31  riencing  severe  economic  hardship  due  to a change in circumstances.
    32  Relief may include an extension of the repayment term or a reduction  in
    33  the percentage of salary dedicated to repayment, or that the requirement
    34  for a balloon payment will create economic hardship. Such determinations
    35  of economic hardship may be made on a case-by-case basis, and the imple-
    36  menting  agency  may  require  the  provision of such information by the

    37  public servant soldier as it deems necessary to make such determination.
    38    (c) Subdivision five of this section or any other law to the  contrary
    39  notwithstanding,  until August first, two thousand ten, unless the mayor
    40  of a city, in his or her discretion, extends such date, a public officer
    41  or employee shall be paid city salary as such public officer or employee
    42  for any and all periods of absence while engaged in the  performance  of
    43  ordered  military duty, and while going to and returning from such duty,
    44  not exceeding thirty working days in  any  one  calendar  year  and  not
    45  exceeding  thirty  working  days  in  any  one continuous period of such
    46  absence.
    47    (d) Subdivision five of this section or any other law to the  contrary

    48  notwithstanding,  until August first, two thousand ten, unless the mayor
    49  of a city, in his or her discretion, extends such date, a public servant
    50  soldier shall, after having received the city salary to which he or  she
    51  is  entitled  pursuant  to  paragraph  (c)  of this subdivision, be paid
    52  differential pay thereafter on his or her regularly scheduled pay period
    53  for the duration of such ordered military duty, if such ordered military
    54  duty is in connection with a covered operation. No  repayment  shall  be
    55  required  to  the  city  for  such differential pay received by a public
    56  servant soldier, provided that this prohibition on repayment  shall  not

        S. 6180--A                          4                         A. 9106--A
 

     1  apply  in the case of a material error in calculation that results in an
     2  unwarranted increase to the public servant soldier.   Repayment  of  any
     3  such  overage  shall  be  governed by the terms of paragraph (e) of this
     4  subdivision.
     5    (e)  A  public officer or employee who, prior to the effective date of
     6  this subdivision, elected to participate in a "full pay/repayment  plan"
     7  and,  in  having  done  so,  incurred a repayment obligation, shall make
     8  repayments in accordance with terms adopted by the implementing  agency,
     9  except  that,  with  respect to such repayment obligations, no such term
    10  shall:
    11    (i) require a public officer or employee, while employed by such city,

    12  to pay in any pay period more than seven and one-half percent of his  or
    13  her base pay of city salary toward satisfying his or her repayment obli-
    14  gation,  except  that  a  term  may provide for full satisfaction of any
    15  remaining outstanding repayment obligation after ten years from the date
    16  of return from ordered military duty; or
    17    (ii) require a retired public officer  or  employee  to  pay,  in  any
    18  month,  an  amount  more  than  seven and one-half percent of his or her
    19  monthly pension payment, except that a term may provide for full  satis-
    20  faction  of  any  remaining  outstanding  repayment obligation after ten
    21  years from the date of return from ordered military duty; or

    22    (iii) require a public officer or employee separated  from  employment
    23  by  such city in a manner other than by retirement, to pay, in any year,
    24  an amount more than seven and one-half percent of the base pay  of  city
    25  salary,  except  that  a  term  may provide for full satisfaction of any
    26  remaining outstanding repayment obligation after ten years from the date
    27  of return from ordered military duty.
    28    (f) Notwithstanding paragraph (e) of this subdivision,  a  city  shall
    29  not  require  the  satisfaction of any repayment obligation in the event
    30  that a public servant soldier is killed in the  performance  of  ordered
    31  military duty.
    32    § 3. This act shall take effect on the one hundred twentieth day after
    33  it shall have become a law.
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