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.
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.
