A08668 Summary:

BILL NO    A08668 

SAME AS    SAME AS S04639

SPONSOR    Miller

COSPNSR    

MLTSPNSR   

Amd S242, Mil L

Enacts the "New York city health and hospitals corporation military pay act";
authorizes military pay to certain employees of the New York city health and
hospitals corporation.
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A08668 Actions:

BILL NO    A08668 

02/03/2014 referred to governmental employees
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A08668 Votes:

There are no votes for this bill in this legislative session.
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A08668 Memo:

BILL NUMBER:A8668

TITLE OF BILL:  An act to amend the military law, in relation to
enacting the "New York city health and hospitals corporation military
pay act"

PURPOSE: The purpose of this bill is to extend the provisions of the
Public Servant Soldier Salary Act, allowing mobilized employees to
receive the difference of their military and civilian pay while
mobilized, to the employees of the New York City Health and Hospitals
Corporation.

SUMMARY OF PROVISIONS: This bill amends section 242(5-a) of the
Military Law to provide that the provisions contained in this section
shall also apply to employees of the New York City Health and
Hospitals Corporation, in addition to the public officers or employees
of a city with a population of one million or more, who are already
covered. The bill also amends the definition of "public officer" or
"employee" in this section to include employees of the New York City
Health and Hospitals Corporation.

EXISTING LAW: Current law does not provide for the differential income
payment established under the Public Servant Soldier Salary Act for
mobilized employees of the New York City Health and Hospitals
Corporation.

JUSTIFICATION: The Public Servant Soldier Salary Act was enacted to
ensure that city employees serving in the United States Armed Forces
were not subject to unreasonable debt upon their return. Prior to the
Public Servant Soldier Salary Act mobilized City employees received
their full civilian salary while deployed but were required to repay
the lesser of their civilian or military salary to the City upon their
return. However, one result of the City's old repayment system was
that service members were hit with staggering bills from the City on
their return home.

The Public Servant Soldier Salary Act eliminated the City's
"repayment" system altogether and replaced it with a true differential
payment system whereby mobilized employees receive the difference
between their civilian and military salaries during the period of
their deployment, so returning employees do not have to repay any
amount to the City at the conclusion of their mobilization.
Currently, the Public Servant Soldier Salary Act does not cover those
in the New York City Health and Hospitals Corporation, many of whom
serve in America's Armed Forces and remain subject to the former
system. In the interests of fairness, it is necessary to extend the
protections of the Public Servant Soldier Salary Act so that returning
veterans from New York City Health and Hospitals Corporation are also
paid a differential during their deployment, and are not forced to
repay the City upon their return.

LEGISLATIVE HISTORY: S.3894 of 2011 - Passed Senate both years

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

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A08668 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         8668

                                 I N  A S S E M B L Y

                                   February 3, 2014
                                      ___________

       Introduced by M. of A. MILLER -- read once and referred to the Committee
         on Governmental Employees

       AN  ACT to amend the military law, in relation to enacting the "New York
         city health and hospitals corporation military pay act"

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  Short  title. This act shall be known and may be cited as
    2  the "New York city health and hospitals corporation military pay act".
    3    S 2. Subdivision 5-a of section 242 of the military law, as  added  by
    4  chapter  238 of the laws of 2008, subparagraph (ii) of paragraph (b) and
    5  the opening paragraph of paragraph (e) as amended by chapter 240 of  the
    6  laws of 2008, is amended to read as follows:
    7    5-a.  Pay  for employees of a city with a population of one million or
    8  more. This subdivision shall govern the calculation of compensation and,
    9  where applicable, repayment of same by public officers or employees of a
   10  city with a population of one million or more OR WHO  ARE  EMPLOYEES  OF
   11  THE  NEW  YORK  CITY HEALTH AND HOSPITALS CORPORATION who are engaged in
   12  the performance of ordered military duty, including time spent traveling
   13  to and returning from such duty. In any conflict between  this  subdivi-
   14  sion  and any other provision of law with respect to such public servant
   15  soldiers, this subdivision shall be controlling.
   16    (a) Definitions. As used in this subdivision:
   17    (i) "Base pay of city salary" means the base pay received by a  public
   18  officer  or  employee from employment by a city. For public officers and
   19  employees who, prior to the effective date of this subdivision,  elected
   20  to  participate  in  a  "full pay/repayment plan", have returned to city
   21  employment from ordered military duty as of the effective date  of  this
   22  subdivision  and  are, on the effective date of this subdivision, public
   23  officers or employees, the base pay of city salary shall  be  calculated
   24  by  the implementing agency as the salary received by the public servant
   25  soldier as of the effective date of this  subdivision  or  the  date  of
   26  return to city service, whichever is later.
   27    For  public officers and employees who, prior to the effective date of
   28  this subdivision, elected to participate in a "full pay/repayment  plan"

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04335-01-3
       A. 8668                             2

    1  and  who  return to city employment from ordered military duty after the
    2  effective date of this subdivision, the base pay of city salary shall be
    3  calculated on the date of return to city employment.
    4    For  public officers and employees who, prior to the effective date of
    5  this subdivision, elected to participate in a "full pay/repayment  plan"
    6  and  who  have, by the effective date of this subdivision, already sepa-
    7  rated from city employment in a manner other  than  by  retirement,  and
    8  except  where  the  implementing agency shall determine the existence of
    9  hardship, the base pay of city salary shall be calculated as the  salary
   10  received by the public servant soldier as of the date of separation from
   11  city service.
   12    For  public officers and employees who, prior to the effective date of
   13  this subdivision, elected to participate in a "full pay/repayment  plan"
   14  and  who separate from city employment in a manner other than retirement
   15  after the effective date of  this  subdivision,  and  except  where  the
   16  implementing  agency shall determine the existence of hardship, the base
   17  pay of city salary shall be calculated as the  salary  received  by  the
   18  public servant soldier as of the date of return to city service.
   19    (ii)  "Balloon  payment" means the payment required for full satisfac-
   20  tion of any remaining outstanding repayment obligation after  ten  years
   21  from the date of return from ordered military duty pursuant to paragraph
   22  (e) of this subdivision.
   23    (iii) "City" means a city with a population of one million or more.
   24    (iv) "City salary" means the gross salary received by a public officer
   25  or  employee  from  employment  by  a city, before taxes, deductions, or
   26  court-ordered payments, required or voluntary; but excluding payments by
   27  a city as employer for health, pension, and other benefits.
   28    (v) "Covered operation" means those military operations designated  by
   29  the  federal  government  of the United States, in support of "Operation
   30  Enduring Freedom", "Operation Iraqi Freedom", "Operation  Noble  Eagle",
   31  or  successors  thereto, or operations specifically connected by federal
   32  designation, action or implication with homeland  security.  The  imple-
   33  menting  agency  may make such additional designations on a case-by-case
   34  basis as it shall deem, in its discretion, to be  in  keeping  with  the
   35  spirit and intent of this subdivision.
   36    (vi)  "Differential  pay"  means  the pay calculated as the difference
   37  between a public servant soldier's  military  salary  and  city  salary,
   38  where the military salary is less than the city salary.
   39    (vii)  "Full  pay/repayment  plan" means a salary and benefits plan in
   40  effect in a city prior to the effective date of this subdivision whereby
   41  a public servant soldier elected to receive city salary while  on  mili-
   42  tary  duty,  but  is required to repay the lesser of such city salary or
   43  military salary to a city upon return from military duty.
   44    (viii) "Implementing agency" means an agency of a city, as  designated
   45  by  the  mayor  of such city in writing, that is authorized to implement
   46  the provisions of this subdivision.
   47    (ix) "Military salary" means the gross salary paid by  the  government
   48  of  the  United  States to a public servant soldier for ordered military
   49  duty in the armed forces of the United States in a covered operation, as
   50  further defined by the implementing agency, provided that such  military
   51  pay  shall  be  calculated  without  regard  to such extra or additional
   52  stipends as hazard pay, housing or food  allowances,  or  other  similar
   53  additions.
   54    (x)  "Public  officer"  or  "employee"  means  a  public officer or an
   55  employee of a city OR AN EMPLOYEE OF THE NEW YORK CITY HEALTH AND HOSPI-
   56  TALS CORPORATION.
       A. 8668                             3

    1    (xi) "Public servant soldier" means a public officer [or], employee of
    2  a city OR AN EMPLOYEE OF THE NEW YORK CITY HEALTH AND  HOSPITALS  CORPO-
    3  RATION  performing  ordered  military  duty in connection with a covered
    4  operation.
    5    (b)  The  mayor of a city shall designate an agency of such city to be
    6  the implementing agency that will administer and implement this subdivi-
    7  sion.  The implementing agency is hereby authorized to and shall:
    8    (i) provide for the continuation of health insurance benefits, to  the
    9  public  servant  soldier and to such public servant soldier's family, if
   10  the family had been included in such coverage prior to the public  serv-
   11  ant  soldier  beginning  ordered military duty, under the same terms and
   12  conditions as applied to such public servant soldier  prior  to  leaving
   13  city employment for ordered military duty; and
   14    (ii)  provide  for hardship under certain conditions determined by the
   15  implementing agency for public servant soldiers who elected  to  partic-
   16  ipate in a "full pay/repayment plan". Such conditions shall include, but
   17  shall  not  be limited to, any material unforeseen or compelling changes
   18  in circumstances affecting a public servant soldier's ability  to  repay
   19  that  occurred  since such public servant soldier elected to participate
   20  in the "full pay/repayment plan," including but not limited to  injuries
   21  sustained  while  on  ordered  military  duty, or a determination by the
   22  implementing agency that the public servant soldier is or will be  expe-
   23  riencing  severe  economic  hardship  due  to a change in circumstances.
   24  Relief may include an extension of the repayment term or a reduction  in
   25  the  percentage  of  salary dedicated to repayment, or a modification to
   26  the requirement for a balloon payment. Such determinations  of  economic
   27  hardship may be made on a case-by-case basis, and the implementing agen-
   28  cy  may  require the provision of such information by the public servant
   29  soldier as it deems necessary to make such determination.
   30    (c) Subdivision five of this section or any other law to the  contrary
   31  notwithstanding,  until August first, two thousand ten, unless the mayor
   32  of a city, in his or her discretion, extends such date, a public officer
   33  or employee shall be paid city salary as such public officer or employee
   34  for any and all periods of absence while engaged in the  performance  of
   35  ordered  military duty, and while going to and returning from such duty,
   36  not exceeding thirty working days in  any  one  calendar  year  and  not
   37  exceeding  thirty  working  days  in  any  one continuous period of such
   38  absence.
   39    (d) Subdivision five of this section or any other law to the  contrary
   40  notwithstanding,  until August first, two thousand ten, unless the mayor
   41  of a city, in his or her discretion, extends such date, a public servant
   42  soldier shall, after having received the city salary to which he or  she
   43  is  entitled  pursuant  to  paragraph  (c)  of this subdivision, be paid
   44  differential pay thereafter on his or her regularly scheduled pay period
   45  for the duration of such ordered military duty, if such ordered military
   46  duty is in connection with a covered operation. No  repayment  shall  be
   47  required  to  the  city  for  such differential pay received by a public
   48  servant soldier, provided that this prohibition on repayment  shall  not
   49  apply  in the case of a material error in calculation that results in an
   50  unwarranted increase to the public servant  soldier.  Repayment  of  any
   51  such  overage  shall  be  governed by the terms of paragraph (e) of this
   52  subdivision.
   53    (e) A public officer or employee who, prior to the effective  date  of
   54  this  subdivision, elected to participate in a "full pay/repayment plan"
   55  and, in having done so, incurred  a  repayment  obligation,  shall  make
   56  repayments  in accordance with terms adopted by the implementing agency,
       A. 8668                             4

    1  except that, with respect to such repayment obligations, such officer or
    2  employee shall have satisfied the obligation to repay when he or she has
    3  repaid eighty-five percent of the amount  of  city  salary  or  military
    4  salary,  whichever is less, less other such discounts implemented by the
    5  implementing agency as of the effective date  of  this  subdivision  and
    6  such  incentives  as  may  be  implemented by the implementing agency to
    7  encourage payment, and no such term shall:
    8    (i) require a public officer or employee, while employed by such city,
    9  to pay in any pay period more than seven and one-half percent of his  or
   10  her base pay of city salary toward satisfying his or her repayment obli-
   11  gation,  except  that  a  term  may provide for full satisfaction of any
   12  remaining outstanding repayment obligation after ten years from the date
   13  of return from ordered military duty; or
   14    (ii) require a retired public officer  or  employee  to  pay,  in  any
   15  month,  an  amount  more  than  seven and one-half percent of his or her
   16  monthly pension payment, except that a term may provide for full  satis-
   17  faction  of  any  remaining  outstanding  repayment obligation after ten
   18  years from the date of return from ordered military duty; or
   19    (iii) require a public officer or employee separated  from  employment
   20  by  such city in a manner other than by retirement, to pay, in any year,
   21  an amount more than seven and one-half percent of the base pay  of  city
   22  salary,  except  that  a  term  may provide for full satisfaction of any
   23  remaining outstanding repayment obligation after ten years from the date
   24  of return from ordered military duty.
   25    (f) Notwithstanding paragraph (e) of this subdivision,  a  city  shall
   26  not  require  the  satisfaction of any repayment obligation in the event
   27  that a public servant soldier is killed in the  performance  of  ordered
   28  military duty.
   29    S 3. This act shall take effect immediately.
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