S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5456
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 5, 2021
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Veterans, Homeland Securi-
   ty and Military Affairs
 
 AN ACT to amend the education law, in relation to allowing  veterans  to
   transfer  their  benefits under the veterans tuition awards program to
   their dependents

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of  section 669-a of the education law is
 amended by adding a new paragraph g to read as follows:
   G. "ELIGIBLE DEPENDENT" MEANS A PERSON WHO IS:  (I) A RESIDENT OF THIS
 STATE, (II) THE SPOUSE OR  CHILD  OF  AN  ELIGIBLE  COMBAT  VETERAN,  AS
 DEFINED  IN  PARAGRAPHS  A  THROUGH  D  OF  THIS  SUBDIVISION, AND (III)
 ENROLLED, PURSUANT TO PARAGRAPH A OF SUBDIVISION  FOUR  OF  SECTION  SIX
 HUNDRED  SIXTY-ONE  OF  THIS PART, IN APPROVED UNDERGRADUATE OR GRADUATE
 PROGRAMS AT DEGREE GRANTING INSTITUTIONS OR ENROLLED IN  APPROVED  VOCA-
 TIONAL  TRAINING PROGRAMS AND WHO APPLY FOR A TUITION ASSISTANCE PROGRAM
 AWARD PURSUANT TO SECTION SIX HUNDRED SIXTY-SEVEN OF THIS SUBPART.
   § 2. Section 669-a of the education law is amended  by  adding  a  new
 subdivision 5 to read as follows:
   5.  A. A VETERAN WHO WOULD BE ELIGIBLE TO RECEIVE TUITION AWARDS IF HE
 OR SHE SATISFIED THE ENROLLMENT AND APPLICATION REQUIREMENTS  SET  FORTH
 IN PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION, MAY ELECT TO TRANSFER
 ALL  OR  A PORTION OF THE TUITION AWARD SUCH VETERAN WOULD HAVE RECEIVED
 TO ANY ONE OR MORE OF SUCH VETERAN'S ELIGIBLE DEPENDENTS.
   B. A VETERAN WHO ELECTS TO TRANSFER HIS OR HER AWARD  SHALL  DESIGNATE
 THE  ELIGIBLE DEPENDENT OR DEPENDENTS TO WHOM SUCH AWARD IS BEING TRANS-
 FERRED AND THE NUMBER OF MONTHS SUCH TRANSFER  SHALL  BE  EFFECTIVE  FOR
 EACH SUCH DEPENDENT. SUCH DESIGNATION SHALL BE MADE ON A FORM PRESCRIBED
 BY  THE  COMMISSIONER AND SHALL BE APPENDED TO THE APPLICATION SPECIFIED
 IN SUBDIVISION TWO OF THIS SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09826-01-1

 S. 5456                             2
 
   C. NO ELIGIBLE DEPENDENT TO WHOM A TRANSFER HAS BEEN MADE PURSUANT  TO
 THIS  SUBDIVISION  SHALL  RECEIVE A TUITION AWARD IN EXCESS OF THE AWARD
 AVAILABLE TO AN INDIVIDUAL VETERAN UNDER THIS SECTION.
   § 3. This act shall take effect immediately.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5456--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 5, 2021
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Veterans, Homeland Securi-
   ty and Military Affairs -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 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
   caregiver, spouse, survivor or child
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  This act shall be known and may be cited as  the  "Veteran
 Family Educational Attainment Act".
   §  2.    Paragraphs  e  and f of subdivision 1 of section 669-a of the
 education law are relettered paragraphs i and j and four new  paragraphs
 e, f, g and h are added to read as follows:
   E.  "CAREGIVER"  MEANS:  (I) A PERSON WHO IS A RESIDENT OF THIS STATE,
 (II) THE FAMILY MEMBER OR OTHER NATURAL PERSON WHO NORMALLY PROVIDES THE
 DAILY CARE OR SUPERVISION OF A FRAIL OR DISABLED PERSON, OR  ANY  FAMILY
 MEMBER OR OTHER NATURAL PERSON WHO CONTRIBUTES TO AND IS INVOLVED IN THE
 CARETAKING  RESPONSIBILITIES  FOR SUCH FRAIL OR DISABLED PERSON AND SUCH
 INFORMAL CAREGIVER MAY, BUT NEED NOT, RESIDE IN THE  SAME  HOUSEHOLD  AS
 THE  FRAIL OR DISABLED PERSON, AND (III) WHOSE QUALIFIED VETERAN HAS NOT
 ELECTED TO UTILIZE HIS OR HER BENEFIT.
   F. "SPOUSE" OR "DOMESTIC PARTNER" MEANS: (I) A PERSON WHO IS  A  RESI-
 DENT  OF  THIS  STATE,  AND  (II)  A PERSON WHO HAS A LEGAL RELATIONSHIP
 PERMITTED UNDER THE LAWS OF THIS STATE AND THE  CITY  OF  NEW  YORK  FOR
 COUPLES WHO HAVE A CLOSE AND COMMITTED PERSONAL RELATIONSHIP OR A PERSON
 WHO  HAS A LEGAL MARRIAGE PERMITTED UNDER THE LAWS OF THE STATE AND CITY
 OF NEW YORK, AND (III)  WHOSE  QUALIFIED  VETERAN  HAS  NOT  ELECTED  TO
 UTILIZE HIS OR HER BENEFIT.
   G.  "SURVIVOR"  MEANS:  (I)  A PERSON WHO IS A RESIDENT OF THIS STATE,
 (II) MARRIED TO A  SERVICEMEMBER  WHO  DIED  AS  A  RESULT  OF  MILITARY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09826-02-1

 S. 5456--A                          2
 
 SERVICE, (II) MARRIED THE VETERAN WITHIN FIFTEEN YEARS OF DISCHARGE FROM
 HIS  OR  HER  MILITARY  SERVICE  IN WHICH THE CAUSE OF DEATH, DISEASE OR
 INJURY STARTED OR WAS AGGRAVATED, OR WAS MARRIED TO THE VETERAN  FOR  AT
 LEAST  ONE YEAR, OR HAD A CHILD WITH THE VETERAN AND LIVED TOGETHER WITH
 THE VETERAN CONTINUOUSLY UNTIL THE VETERAN'S DEATH OR, IF SEPARATED, WAS
 NOT AT FAULT FOR THE SEPARATION, AND (III) WHOSE QUALIFIED  VETERAN  HAS
 NOT ELECTED TO UTILIZE HIS OR HER BENEFIT.
   H. "CHILD" MEANS: (I) A PERSON WHO IS A RESIDENT OF THIS STATE, (II) A
 BIOLOGICAL,  ADOPTED,  FOSTER  OFFSPRING, STEPSON OR STEPDAUGHTER, LEGAL
 WARD, OFFSPRING OF A DOMESTIC PARTNER, OR THE PERSON TO WHOM THE VETERAN
 STANDS IN LOCO PARENTIS, AND  (III)  WHOSE  QUALIFIED  VETERAN  HAS  NOT
 ELECTED TO UTILIZE HIS OR HER BENEFIT.
   §  3.  Paragraph  a of subdivision 2 of section 669-a of the education
 law, as amended by section 3 of part N of chapter  57  of  the  laws  of
 2008, is amended to read as follows:
   a. Tuition awards are available for all Vietnam, Persian Gulf, Afghan-
 istan  and  other  eligible  combat  veterans  OR  RESPECTIVE CAREGIVER,
 SPOUSE, SURVIVOR OR  CHILD,  as  defined  in  subdivision  one  of  this
 section,  who  are enrolled, pursuant to paragraph a of subdivision four
 of section six hundred sixty-one of this part, in approved undergraduate
 or graduate programs at degree  granting  institutions  or  enrolled  in
 approved  vocational  training  programs  and  who  apply  for a tuition
 assistance program award pursuant to section six hundred sixty-seven  of
 this subpart.
   § 4. This act shall take effect immediately.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5456--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 5, 2021
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Veterans, Homeland Securi-
   ty and Military Affairs -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said  committee  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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
   caregiver, spouse, survivor or child
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.   This act shall be known and may be cited as the "Veteran
 Family Educational Attainment Act".
   § 2. Subdivision  1  of  section 669-a of the education law is amended
 by adding six new paragraphs g, h, i, j, k, and l to read as follows:
   G.  "IMMEDIATE FAMILY" MEANS A SPOUSE, CHILD, CAREGIVER,  OR  SURVIVOR
 OF A QUALIFIED VETERAN.
   H.  "QUALIFIED  VETERAN"  MEANS  A  VETERAN  WHO  WOULD BE ELIGIBLE TO
 RECEIVE TUITION AWARDS IF HE OR SHE SATISFIED THE ENROLLMENT AND  APPLI-
 CATION  REQUIREMENTS    SET   FORTH IN PARAGRAPH A OF SUBDIVISION TWO OF
 THIS SECTION.
   I. "CAREGIVER" MEANS: (I) A PERSON WHO IS A RESIDENT  OF  THIS  STATE,
 (II) THE FAMILY MEMBER OR OTHER NATURAL PERSON WHO NORMALLY PROVIDES THE
 DAILY  CARE  OR SUPERVISION OF A QUALIFIED VETERAN WHO IS FRAIL OR DISA-
 BLED, OR ANY FAMILY MEMBER OR OTHER NATURAL PERSON  WHO  CONTRIBUTES  TO
 AND  IS  INVOLVED  IN THE CARETAKING RESPONSIBILITIES FOR SUCH QUALIFIED
 VETERAN WHO IS FRAIL OR DISABLED AND SUCH INFORMAL  CAREGIVER  MAY,  BUT
 NEED  NOT,  RESIDE  IN  THE SAME HOUSEHOLD AS A QUALIFIED VETERAN WHO IS
 FRAIL OR DISABLED, AND (III) WHOSE QUALIFIED VETERAN HAS NOT ELECTED  TO
 UTILIZE HIS OR HER BENEFIT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09826-04-1
              

 S. 5456--B                          2
 
   J.  "SPOUSE"  OR "DOMESTIC PARTNER" MEANS: (I) A PERSON WHO IS A RESI-
 DENT OF THIS STATE, AND (II) A PERSON WHO HAS A LEGAL RELATIONSHIP  WITH
 A  QUALIFIED VETERAN PERMITTED UNDER THE LAWS OF THIS STATE AND THE CITY
 OF NEW YORK  FOR  COUPLES  WHO  HAVE  A  CLOSE  AND  COMMITTED  PERSONAL
 RELATIONSHIP  OR  A  PERSON  WHO  HAS  A LEGAL MARRIAGE WITH A QUALIFIED
 VETERAN PERMITTED UNDER THE LAWS OF THE STATE AND CITY OF NEW YORK,  AND
 (III)  WHOSE  QUALIFIED  VETERAN  HAS  NOT ELECTED TO UTILIZE HIS OR HER
 BENEFIT.
   K. "SURVIVOR" MEANS: (I) A PERSON WHO IS A  RESIDENT  OF  THIS  STATE,
 (II)  MARRIED  TO  A  QUALIFIED VETERAN WHO DIED AS A RESULT OF MILITARY
 SERVICE, (III) MARRIED THE QUALIFIED VETERAN  WITHIN  FIFTEEN  YEARS  OF
 DISCHARGE  FROM HIS OR HER MILITARY SERVICE IN WHICH THE CAUSE OF DEATH,
 DISEASE OR INJURY STARTED OR WAS  AGGRAVATED,  OR  WAS  MARRIED  TO  THE
 VETERAN FOR AT LEAST ONE YEAR, OR HAD A CHILD WITH THE QUALIFIED VETERAN
 AND  LIVED  TOGETHER  WITH  THE VETERAN CONTINUOUSLY UNTIL THE VETERAN'S
 DEATH OR, IF SEPARATED, WAS NOT AT FAULT FOR THE  SEPARATION,  AND  (IV)
 WHOSE QUALIFIED VETERAN HAS NOT ELECTED TO UTILIZE HIS OR HER BENEFIT.
   L. "CHILD" MEANS: (I) A PERSON WHO IS A RESIDENT OF THIS STATE, (II) A
 BIOLOGICAL,  ADOPTED,  FOSTER  OFFSPRING, STEPSON OR STEPDAUGHTER, LEGAL
 WARD, OFFSPRING OF A DOMESTIC PARTNER, OR THE PERSON TO WHOM THE  QUALI-
 FIED  VETERAN STANDS IN LOCO PARENTIS, AND (III) WHOSE QUALIFIED VETERAN
 HAS NOT ELECTED TO UTILIZE HIS OR HER BENEFIT.
   § 3.  Section 669-a of the education law is amended by  adding  a  new
 subdivision 5 to read as follows:
   5.  A.  A  QUALIFIED  VETERAN WHO WOULD BE ELIGIBLE TO RECEIVE TUITION
 AWARDS IF HE OR SHE SATISFIED THE ENROLLMENT  AND  APPLICATION  REQUIRE-
 MENTS  SET  FORTH IN PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION, MAY
 ELECT TO TRANSFER ALL OR A PORTION OF THE  TUITION  AWARD  SUCH  VETERAN
 WOULD HAVE RECEIVED TO ANY ONE OR MORE OF SUCH VETERAN'S IMMEDIATE FAMI-
 LY MEMBERS.
   B.  A  VETERAN WHO ELECTS TO TRANSFER HIS OR HER AWARD SHALL DESIGNATE
 THE ELIGIBLE IMMEDIATE FAMILY MEMBER OR MEMBERS TO WHOM  SUCH  AWARD  IS
 BEING TRANSFERRED AND THE NUMBER OF MONTHS SUCH TRANSFER SHALL BE EFFEC-
 TIVE  FOR  EACH SUCH DEPENDENT. SUCH DESIGNATION SHALL BE MADE ON A FORM
 PRESCRIBED BY THE COMMISSIONER, SHALL BE  APPENDED  TO  THE  APPLICATION
 SPECIFIED IN SUBDIVISION TWO OF THIS SECTION, AND THE COMMISSIONER SHALL
 MAKE  THE FORM AND RELEVANT INFORMATION OF THIS SECTION AVAILABLE ON THE
 CORPORATION'S WEBSITE.
   C. NO ELIGIBLE IMMEDIATE FAMILY MEMBER TO WHOM  A  TRANSFER  HAS  BEEN
 MADE  PURSUANT  TO  THIS  SUBDIVISION  SHALL  RECEIVE A TUITION AWARD IN
 EXCESS OF THE AWARD  AVAILABLE  TO  AN  INDIVIDUAL  VETERAN  UNDER  THIS
 SECTION.
   §  4.  This  act shall take effect on the thirtieth day after it shall
 have become a law.    Effective  immediately,  the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such effective date.