New York State Assembly

 
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A06834 Summary:

A06834 Actions:

A06834 Committee Votes:

Committee:CORPORATIONS, AUTHORITIES AND COMMISSIONS   Chair:Zebrowski      
DATE:05/23/2023AYE/NAY:25/0  Action: Favorable refer to committee Ways and Means        
Zebrowski
Aye
Lemondes
Aye
Cook
Absent
Blankenbush
Aye
Otis
Aye
Friend
Aye
Rozic
Aye
Palmesano
Aye
Kim
Aye
Angelino
Aye
Dilan
Aye
Jensen
Aye
Pheffer Amato
Aye
Curran
Aye
Vanel
Aye
Pirozzolo
Aye
Carroll
Aye
Fall
Aye
Jean-Pierre
Aye
Gonzalez-Rojas
Aye
Zinerman
Aye
Tapia
Aye
Jacobson
Aye
Bores
Aye
Shimsky
Aye
Simone
Aye

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:06/08/2023AYE/NAY:34/0  Action: Favorable refer to committee Rules        
Weinstein
Aye
Ra
Aye
Glick
Aye
Fitzpatrick
Aye
Pretlow
Aye
Hawley
Aye
Colton
Aye
Blankenbush
Aye
Cook
Aye
Norris
Aye
Aubry
Aye
Brabenec
Excused
Benedetto
Aye
Palmesano
Aye
Weprin
Aye
Walsh
Aye
Ramos
Aye
DeStefano
Aye
Braunstein
Aye
Manktelow
Aye
McDonald
Aye
Smullen
Aye
Rozic
Aye
Dinowitz
Aye
Joyner
Aye
Magnarelli
Aye
Zebrowski
Aye
Bronson
Aye
Dilan
Aye
Seawright
Aye
Hyndman
Aye
Walker
Aye
Bichotte Hermel
Aye
Simon
Aye
Cruz
Aye

Committee:RULES   Chair:Pretlow      
DATE:06/08/2023AYE/NAY:28/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Weinstein
Aye
Hawley
Aye
Pretlow
Aye
Giglio
Aye
Cook
Aye
Blankenbush
Aye
Glick
Aye
Norris
Aye
Aubry
Aye
Ra
Aye
Dinowitz
Aye
Brabenec
Excused
Colton
Aye
Palmesano
Aye
Magnarelli
Aye
Reilly
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Aye
Davila
Excused
Hyndman
Aye
Rozic
Aye
Bronson
Aye

A06834 Floor Votes:

A06834 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6834--A
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                       May 8, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  JEAN-PIERRE -- read once and referred to the
          Committee on Corporations, Authorities and  Commissions  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN  ACT  to  amend chapter 154 of the laws of 1921, relating to the port
          authority of New York and New Jersey, in relation  to  military  leave
          for  all  represented and non-represented persons employed by the port
          authority of New York and New Jersey
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section 1 of chapter 154 of the laws of 1921, relating to
     2  the port authority of New York and New Jersey, is amended  by  adding  a
     3  new article XXIII to read as follows:
     4                                ARTICLE XXIII
     5    1. Definitions. The term:
     6    a.  "Employee"  means  those  persons  employed at the port authority,
     7  including but not limited to: full-time and part-time  employees,  those
     8  employees  on probation, and temporary employees, whether or not repres-
     9  ented by a labor organization.
    10    b. "Ordered military duty", as used in this article, means  any  mili-
    11  tary  duty  performed  in the service of the state of New York or of the
    12  United States, including but not limited to attendance  at  any  service
    13  school or schools conducted by the armed forces of the United States, by
    14  a  port  authority  employee  as  a member of any force of the organized
    15  militia or of any reserve force or reserve component of the armed forces
    16  of the United States, pursuant to orders issued by  competent  state  or
    17  federal  authority,  with  or without the consent of such port authority
    18  employee.   Participation in  routine  reserve  officer  training  corps
    19  training  is  not  considered to be military duty except when performing
    20  advanced training duty as a member of a reserve component of  the  armed
    21  forces.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10909-02-3
        A. 6834--A                          2
 
     1    2.  Leave  of absence while engaged in performance of ordered military
     2  duty. Every employee shall be entitled to absent themselves and shall be
     3  deemed to have a leave of absence from his or her duties or  service  as
     4  such  public  officer  or  employee  while engaged in the performance of
     5  ordered military duty and while going to and returning from such duty.
     6    3.  Leave  of  absence while attending service schools. Every employee
     7  who is or becomes a voluntary member of any force of the organized mili-
     8  tia or of any reserve force or reserve component of the armed forces  of
     9  the  United  States  shall be entitled to absent themselves and shall be
    10  deemed to have a leave of absence from his or her duties or  service  as
    11  such  employee while in attendance, as a member of such force or reserve
    12  components, at any service school or  schools  conducted  by  the  armed
    13  forces  of the United States, and while going to and returning from such
    14  school or schools, notwithstanding that orders for such  attendance  are
    15  or may be issued with the consent of such public officer or employee.
    16    4. Leave of absence while performing full-time training duty or active
    17  duty  for training with or in an armed force of the United States. Every
    18  employee who is or becomes a member of any force of the organized  mili-
    19  tia  or of any reserve force or reserve component of the armed forces of
    20  the United States shall be entitled to absent themselves  and  shall  be
    21  deemed  to  have a leave of absence from his or her duties or service as
    22  such public officer or employee while performing, as a  member  of  such
    23  force  or  reserve component, initial full-time training duty or initial
    24  active duty for training with or in an armed force of the United  States
    25  under the provisions of this chapter or the laws of the United States or
    26  both, and while going to and returning from such full-time training duty
    27  or  active  duty for training, notwithstanding that orders for such duty
    28  are or may be issued with the consent of such public officer or  employ-
    29  ee.
    30    5. Employment rights. Time during which an employee is absent pursuant
    31  to  the  provisions  of subdivisions two, three and four of this article
    32  shall not constitute  an  interruption  of  continuous  employment  and,
    33  notwithstanding  the  provisions of any general, special or local law or
    34  the provisions of any city charter, no such employee shall be subjected,
    35  directly or indirectly, to any  loss  or  diminution  of  time  service,
    36  increment,  vacation or holiday privileges, or any other right or privi-
    37  lege, by reason of such absence, or be prejudiced,  by  reason  of  such
    38  absence,  with  reference  to continuance in office or employment, reap-
    39  pointment  to  office,   re-employment,   reinstatement,   transfer   or
    40  promotion.
    41    6. Pay for military duty. a. Every employee shall be paid their salary
    42  or other compensation as a port authority employee for any and all peri-
    43  ods  of  absence  while  engaged  in the performance of ordered military
    44  duty, and while going to and returning from such duty, not  exceeding  a
    45  total  of  thirty days or twenty-two working days, whichever is greater,
    46  in any one calendar year and not exceeding  thirty  days  or  twenty-two
    47  working days, whichever is greater, in any one continuous period of such
    48  absence.
    49    b. Every employee of the port authority who served in a combat theater
    50  or  combat  zone  of  operations  as  documented by a copy of his or her
    51  DD214, certificate of release or discharge from active  duty,  or  other
    52  applicable department of defense documentation, shall be paid his or her
    53  salary or other compensation as such port authority employee for any and
    54  all  periods of absence while utilizing any health care related services
    55  related to such duty, not exceeding five working days, in any one calen-
    56  dar year.
        A. 6834--A                          3

     1    7. Rights and contributions under retirement systems. a. The amount of
     2  required contributions to any pension or retirement system of  which  an
     3  employee  absent  while  engaged  in the performance of ordered military
     4  duty is a member, shall be deducted from the  salary  or  other  compen-
     5  sation  paid to him or her as such employee as provided in this article.
     6  If such required contributions exceed the amount of such salary or other
     7  compensation to which an employee  is  entitled  while  engaged  in  the
     8  performance of military duty, the amount of such salary or other compen-
     9  sation  shall  be  applied  upon  such  required  contributions and such
    10  employee shall have the right to  pay  to  such  pension  or  retirement
    11  system  the  amount  by  which  such contributions exceed such salary or
    12  other compensation. Such employee shall also have the right  to  pay  to
    13  such  system, for any period of the absence during which he or she shall
    14  receive no salary or other compensation  as  an  employee  of  the  port
    15  authority,  the  amount  that  he  or she would have contributed to such
    16  system if he or she had been present and  continuously  engaged  in  the
    17  performance of the duties of his or her position during such period.
    18    b.  Such payments, other than those deducted from his or her salary or
    19  other compensation as such employee, may be paid from time  to  time  at
    20  any  time  while  engaged  in  such ordered military duty or within five
    21  years after the date of termination of such ordered military  duty,  or,
    22  in  the  event  of  the  death of such employee while engaged in ordered
    23  military duty, such payments, or any part thereof, may be  made  by  the
    24  named  beneficiary or the legal representative of such employee's estate
    25  within one year following proof of such death.
    26    c. To the extent that  such  contributions  are  paid,  absence  while
    27  engaged  in  the performance of military duty shall be counted in deter-
    28  mining the length of total service  under  such  pension  or  retirement
    29  system.
    30    d.  Any employee, while engaged in the performance of ordered military
    31  duty, or his or her beneficiary, as the case may be, shall  be  entitled
    32  to  all  the benefits of the pension or retirement system of which he or
    33  she is a member, except accidental disability retirement and  accidental
    34  death benefit.
    35    §  2.  This  act  shall take effect upon the enactment into law by the
    36  state of New Jersey of legislation having an identical effect with  this
    37  act,  but  if  the  state  of New Jersey shall have already enacted such
    38  legislation, this act shall take effect immediately; provided  that  the
    39  state  of  New Jersey shall notify the legislative bill drafting commis-
    40  sion upon the occurrence of the enactment of  the  legislation  provided
    41  for in section one of this act in order that the commission may maintain
    42  an  accurate  and timely effective data base of the official text of the
    43  laws of the state of New York in furtherance of  effectuating  the  pro-
    44  visions  of  section  44  of the legislative law and section 70-b of the
    45  public officers law.