Bill Text: NY S02119 | 2023-2024 | General Assembly | Amended

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Bill Title: Expands the veterans tuition awards program to allow the transfer of unused benefits to a spouse, survivor or child; defines terms.

Spectrum: Bipartisan Bill

Status: (Engrossed) 2024-05-28 - referred to higher education [S02119 Detail]

Download: New_York-2023-S02119-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         2119--A
            Cal. No. 1381

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 18, 2023
                                       ___________

        Introduced  by  Sens.  BAILEY, ADDABBO, ASHBY, COONEY, HELMING, WEBER --
          read twice and ordered printed, and when printed to  be  committed  to
          the  Committee  on Veterans, Homeland Security and Military Affairs --
          recommitted to the Committee on Veterans, Homeland Security and  Mili-
          tary  Affairs  in  accordance  with  Senate Rule 6, sec. 8 -- reported
          favorably from said  committee  and  committed  to  the  Committee  on
          Finance  --  reported  favorably from said committee, ordered to first
          report, amended on first  report,  ordered  to  a  second  report  and
          ordered reprinted, retaining its place in the order of second report

        AN ACT to amend the education law, in relation to expanding the veterans
          tuition  awards  program to allow the transfer of unused benefits to a
          spouse, survivor or child

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.   This act shall be known and may be cited as the "Veteran
     2  Family Educational Attainment Act".
     3    § 2. Subdivision  1  of  section 669-a of the education law is amended
     4  by adding three new paragraphs g, h, and i to read as follows:
     5    g. "Eligible immediate family" means a person who is the spouse, child
     6  or survivor of a qualified veteran, and who resides in this state.
     7    h. "Qualified veteran" means  a  veteran  who  would  be  eligible  to
     8  receive  a  tuition  award  if such veteran satisfied the enrollment and
     9  application requirements  set  forth in paragraph a of  subdivision  two
    10  of this section.
    11    i.  "Survivor"  means  a  person  who:  (i) was married to a qualified
    12  veteran who died as a result of military service; or (ii) was married to
    13  the qualified veteran within fifteen years of their discharge from mili-
    14  tary service in which the cause of death, disease or injury  started  or
    15  was  aggravated;    or (iii) was married to the veteran for at least one
    16  year; or (iv) had a child with the qualified veteran and lived  together

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01348-03-4
        S. 2119--A                          2

     1  with  the  veteran  continuously  until the veteran's death or, if sepa-
     2  rated, was not at fault for the separation.
     3    §  3.    Section 669-a of the education law is amended by adding a new
     4  subdivision 5 to read as follows:
     5    5. a. A qualified veteran who would be eligible to receive  a  tuition
     6  award  if such veteran satisfied the enrollment and application require-
     7  ments set forth in paragraph a of subdivision two of this  section,  but
     8  has  not  utilized  such  tuition  award, may elect to transfer all or a
     9  portion of the tuition award to an eligible immediate family  member  or
    10  members.
    11    b. A qualified veteran who elects to transfer their award shall desig-
    12  nate  the eligible immediate family member or members to whom such award
    13  is being transferred, including the number of semesters.    Such  desig-
    14  nation  shall  be  made  on a form prescribed by the president, shall be
    15  appended to  the  application  specified  in  subdivision  two  of  this
    16  section,  and the president shall make the form and relevant information
    17  of this section available on the corporation's website.
    18    c. A child to whom a tuition award is transferred under this  subdivi-
    19  sion  shall  be  under  twenty-six  years  of  age. Such child shall not
    20  commence the use of a tuition award transferred under  this  subdivision
    21  unless  the  qualified  veteran  has  served  in the armed forces of the
    22  United States for at least ten years, except where such qualified veter-
    23  an did not complete such service requirement due to:
    24    (i) the qualified veteran's death;
    25    (ii) discharge or release  for a medical  condition  that  pre-existed
    26  service;
    27    (iii) discharge or release for hardship;
    28    (iv)  discharge  or  release for a physical or mental condition, not a
    29  disability, that did not result from their willful  misconduct  but  did
    30  interfere with their performance of duty;
    31    (v) discharge for a disability;
    32    (vi) discharge for a reduction in force; or
    33    (vii) involuntary force shaping.
    34    d.  The  tuition  award  transfers  designated  by a qualified veteran
    35  pursuant to this subdivision shall not exceed  the  award  available  to
    36  such veteran under this section.
    37    § 4. This act shall take effect on the one hundred eightieth day after
    38  it shall have become a law.  Effective immediately, the addition, amend-
    39  ment and/or repeal of any rule or regulation necessary for the implemen-
    40  tation  of  this act on its effective date are authorized to be made and
    41  completed on or before such effective date.