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. LBD01348-03-4S. 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.