STATE OF NEW YORK ________________________________________________________________________ 4057 2025-2026 Regular Sessions IN ASSEMBLY January 31, 2025 ___________ Introduced by M. of A. BERGER -- read once and referred to the Committee on Governmental Employees 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. LBD00849-02-5