Senate BillIntroduced
S 5398: Relates to New York state active duty performed under the authority of the governor of New York state.
What S 5398 does, verified January 8, 2026
The bill aims to provide service credit to eligible military veterans who served honorably in the military. To be eligible, a veteran must have received an honorable discharge or a discharge with a qualifying condition. This service credit can be up to three years and is available for active duty in the state military service, as well as for members of the national guard who were activated by the governor. The service credit is also available to discharged LGBTQ+ veterans who received a discharge other than bad conduct or dishonorable. The bill takes effect immediately.
Bill journey
1IntroducedCurrent
2In CommitteePending
3First Chamber FloorPending
4Second ChamberPending
5GovernorPending
6ChapteredPending
Last action: REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS (2026-01-07)Alert me
Quick answers about S 5398
- What is the current status of S 5398?
- As of January 8, 2026, S 5398 is recorded as "Introduced": it has been introduced and is waiting for its first committee hearing or floor vote. The last recorded action, on January 7, 2026, was "REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS".
- Did S 5398 pass?
- Not yet. S 5398 has been introduced and has not passed either house.
- Who wrote S 5398, and where is it now?
- S 5398 was authored by Sen. Jessica Scarcella-Spanton. Its committee of record is Senate Veterans, Homeland Security & Military Affairs.
Author and sponsors
Full contact details, staff, and committees with Connect, $16/moUnlockRecent actions4 total · showing 4
| Jan. 07, 2026 | REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS |
| Mar. 11, 2025 | AMEND AND RECOMMIT TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS |
| Mar. 11, 2025 | PRINT NUMBER 5398A |
| Feb. 21, 2025 | REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS |
Latest bill textIntroduced version, February 21, 2025 · 308 words
STATE OF NEW YORK ________________________________________________________________________ 5398 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 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 [three9hundred 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 New York state active duty service performed under 16 the authority of the governor of New York state. 17 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00849-01-5
Text of S 5398 as introduced, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions