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S 5398 New York Senate · 2025 Regular Session

Relates to New York state active duty

This bill (S 5398) expands eligibility for retirement service credit in New York state for military veterans. It allows state employees to count up to three years of "state active duty" - including National Guard service activated by the governor under state law - toward their retirement benefits. The change applies to those with an honorable discharge, a qualifying veterans' condition, or as a discharged LGBT veteran (with non-dishonorable discharge). It directly affects New York state workers who served in the military or state-activated National Guard, adding this service time to their retirement calculations.
Issues: ✓ Labor & EmploymentSupports Labor & EmploymentExpands retirement benefits for state veteran employees, enhancing employment-related benefits per bill's eligibility for retirement service credit.92% confidence ✓ VeteransSupports VeteransExpands retirement benefits for veterans by allowing state active duty credit, directly advancing financial security for veterans through expanded eligibility.95% confidence
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2025
Committee Review
Floor Vote
Governor
Introduced Feb 21, 2025 Last action Jan 7, 2026
Maddy AI version diff · 1 comparison

What changed between versions

S5398 → S5398A · 1 edit
MINOR
The bill was amended to clarify and expand the definition of military service credit eligibility. The original language broadly included New York state active duty under the governor's authority, while the amended version specifies that this credit applies to active duty in state military service pursuant to orders under the military law, as well as National Guard members activated by the governor. This change narrows and clarifies the scope of service that qualifies for credit.
Scope change
The bill's scope was narrowed from a broad definition of state active duty to specific categories of service under the military law and National Guard activation procedures.
DEFINITION

The definition of military service credit was revised to specify that state active duty must be performed pursuant to orders under sections six or seven of the military law, and to include National Guard members activated by the governor as provided by law.

Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
4
Key actions
2
Committee
2
Amendments
2
Jan 7, 2026
Committee
REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
upper
Mar 11, 2025
Upper · Passed
PRINT NUMBER 5398A
upper
Mar 11, 2025
Upper · Passed
AMEND AND RECOMMIT TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
upper
Feb 21, 2025
Committee
REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Jessica Scarcella-Spanton
Jessica Scarcella-Spanton
DDemocratic
NY
23