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July 18, 2008
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Governor Signs Bill Easing Debts of Returning Vets; Reduces Liability, Stretches Payback


Governor Paterson July 8 signed into law a bill that significantly eases the financial burdens of public employees who were called up to active military duty in Iraq or Afghanistan.

GOVERNOR PATERSON: Grants relief to vets.
The new law got its impetus from problems encountered by returning veterans with the city's Extended Military Benefits Program, under which employees called up to active duty continue receiving their city salaries but once discharged from service are required to either repay that money or the equivalent of their military pay for the corresponding period.

Some Owed Six Figures

According to one of the bill's prime sponsors, Assemblyman Rory I. Lancman, some of the veterans discovered their repayment obligations amounted to "tens of thousands or even hundreds of thousands of dollars."

Besides reducing the amount of their indebtedness in such cases, the new law extends the period in which they can pay what is owed to 10 years. The old maximum period for payment was five years, and those who left the city payroll had just 90 days to cover the debt.

The modification to ease their burden had the support of the Bloomberg administration.

The law will slash military veterans' obligations by roughly 25 percent through a recalculation of back pay owed to the city based on their net city income after taxes and benefit contribution deductions, rather than their gross pay, according to State Sen. Martin Golden of Brooklyn, the other primary sponsor of the bill. In each case where repayment is required, the city must provide a hardship exception on a case-by-case basis, according to Mr. Golden.

Must Continue Health Coverage

The city continues to be required to provide for the continuation of health insurance benefits to the employee while he or she is on military duty and, in cases where it was previously covered, to the family of that person.

Other bill-signings of note by Mr. Paterson among 137 measures he enacted last Tuesday include extending the time allowed for receipt of military absentee ballots for a general election from seven to 13 days. The law expires on Dec. 31, 2009.

Another bill signed allows members of the armed forces who miss the application deadline for a scheduled state civil service examination due to active military duty to compete in an upcoming examination or in a special military make-up exam.

The Governor extended certification for emergency medical technicians after military duty. The extension is valid for an individual's certification as an emergency medical technician, advanced emergency medical technician or certified first-responder if the certification would expire within six months after the individual's separation from active military duty.

Arbitration Vetoed for SHTAs

Mr. Paterson announced he plans to veto 16 bills, including the granting of binding arbitration for Security Hospital Treatment Assistants. He said that the bill would represent a significant expansion of binding arbitration and impose a significant constraint on the executive's control over the collective bargaining process. Governor Spitzer vetoed a similar bill in 2007, stating, "In particular, arbitrators tend to grant higher awards than are achievable through the collective-bargaining process, and thereby increase costs to government and taxpayers."

Also of note was a pledged veto on a bill that would require that all public employees be given a hearing before an independent hearing officer prior to dismissal. Mr. Paterson said the bill would significantly change public-employee discipline and would undo hundreds of collective-bargaining agreements. Governors Cuomo, Pataki and Spitzer vetoed similar bills seven times.
 


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