New York S 5398: Relates to New York state active duty
Status: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS (as of 2026-01-07)
State: New York · Session: 2025-2026 · Bill: S 5398
Sponsors: Jessica Scarcella-Spanton
Bill Text
Bill Search and Legislative Information | New York State Assembly • • • • • • • • Skip to main content New York State Assembly Speaker Carl E. Heastie --> --> --> • Assembly Members • Legislative Info • Public Hearings • Speaker's Press • Assembly Reports • Committees & More • Bill Search Home • Laws • Legislative Calendar • Public Hearing Schedule • Assembly Calendars • Assembly Committee Agenda Javascript must be enabled to properly view this page. Bill No.: • Summary • Actions • Committee Votes • Floor Votes • Memo • Text • LFIN • Chamber Video/Transcript S05398 Summary: BILL NOS05398A   SAME ASSAME AS A04057   SPONSORSCARCELLA-SPANTON   COSPNSR   MLTSPNSR   Amd §1000, R & SS L   Relates to New York state active duty performed under the authority of the governor of New York state. Go to top S05398 Actions: BILL NOS05398A   02/21/2025REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS 03/11/2025AMEND AND RECOMMIT TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS 03/11/2025PRINT NUMBER 5398A 01/07/2026REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS Go to topS05398 Committee Votes: Go to topS05398 Floor Votes: There are no Assembly votes for this bill in this legislative session. Go to topS05398 Text: STATE OF NEW YORK ________________________________________________________________________ 5398--A 2025-2026 Regular Sessions IN SENATE February 21, 2025 ___________ Introduced by Sen. SCARCELLA-SPANTON -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Home- land Security and Military Affairs -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the retirement and social security law, in relation to military service credit The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 1000 of the retirement and social 2 security law, as amended by chapter 585 of the laws of 2022, is amended 3 to read as follows: 4 1. A member, upon application to such retirement system, may obtain a 5 total not to exceed three years of service credit for up to three years 6 of military duty, as defined in section two hundred forty-three of the 7 military law, if the member (a) was honorably discharged from the mili- 8 tary, or (b) has a qualifying condition, as defined in section [three 9 hundred fifty of the executive] one of the veterans' services law, and 10 has received a discharge other than bad conduct or dishonorable from 11 such service, or (c) is a discharged LGBT veteran, as defined in section 12 [three hundred fifty of the executive] one of the veterans' services 13 law, and has received a discharge other than bad conduct or dishonorable 14 from such service. For purposes of this subdivision, military duty 15 shall also include active duty in the military service of the state 16 pursuant to an order of the governor issued pursuant to section six or 17 seven of the military law, and state active duty by members of the 18 national guard who are activated pursuant to a call of the governor of 19 this state as provided for by law. 20 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00849-03-5 Go to top • Sitemap Request Information Directions and Maps
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