Provides a right of reemployment for persons who reside in another state who are ordered to military service within New York state, if the state of residence provides a like protection.
STATE OF NEW YORK
________________________________________________________________________
2698
2021-2022 Regular Sessions
IN SENATE
January 22, 2021
___________
Introduced by Sen. ORTT -- read twice and ordered printed, and when
printed to be committed to the Committee on Veterans, Homeland Securi-
ty and Military Affairs
AN ACT to amend the military law, in relation to reemployment of members
of an organized militia called to military service
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 317 of the military law is amended by adding a new
2 subdivision 4-a to read as follows:
3 4-a. The benefits, rights and privileges granted to persons in the
4 military service by this section shall be extended and applicable to any
5 person who is employed in this state but who is a resident of another
6 state and a member of such state's organized militia called to active
7 service by the governor of the state in which they reside; provided,
8 however, that such provisions shall only apply if the state in which
9 such person resides provides a reciprocal grant of such benefits, rights
10 and privileges to persons employed in such state who are members of New
11 York's organized militia when called to active service by the governor
12 of New York state.
13 § 2. Paragraph (a) of subdivision 1 of section 243 of the military
14 law, as added by chapter 420 of the laws of 1953, is amended to read as
15 follows:
16 (a) (i) The term "public employee" shall mean an officer or employee
17 holding a position by appointment or employment in the state of New York
18 or in the cities, counties, towns, villages or school districts thereof,
19 or in any other political or civil division of the state or of a munici-
20 pality, or in any public or special district, or in the service of any
21 public authority, public benefit corporation, commission or board, or in
22 any other branch of the public service.
23 (ii) The provisions of this section shall apply to any person who is
24 employed in this state but who is a resident of another state and a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07371-01-1
S. 2698 2
1 member of such state's organized militia called to active service by the
2 governor of the state in which they reside; provided, however, that such
3 provisions shall only apply if the state in which such person resides
4 provides a reciprocal grant of such benefits, rights and privileges to
5 persons employed by such state who are members of New York's organized
6 militia when called to active service by the governor of New York state.
7 § 3. This act shall take effect immediately.
