S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2119--A
     Cal. No. 1381
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   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 three new paragraphs g, h, and i to read as follows:
   G. "ELIGIBLE IMMEDIATE FAMILY" MEANS A PERSON WHO IS THE SPOUSE, CHILD
 OR SURVIVOR OF A QUALIFIED VETERAN, AND WHO RESIDES IN THIS STATE.
   H. "QUALIFIED VETERAN" MEANS  A  VETERAN  WHO  WOULD  BE  ELIGIBLE  TO
 RECEIVE  A  TUITION  AWARD  IF SUCH VETERAN SATISFIED THE ENROLLMENT AND
 APPLICATION REQUIREMENTS  SET  FORTH IN PARAGRAPH A OF  SUBDIVISION  TWO
 OF THIS SECTION.
   I.  "SURVIVOR"  MEANS  A  PERSON  WHO:  (I) WAS MARRIED TO A QUALIFIED
 VETERAN WHO DIED AS A RESULT OF MILITARY SERVICE; OR (II) WAS MARRIED TO
 THE QUALIFIED VETERAN WITHIN FIFTEEN YEARS OF THEIR DISCHARGE FROM MILI-
 TARY SERVICE IN WHICH THE CAUSE OF DEATH, DISEASE OR INJURY  STARTED  OR
 WAS  AGGRAVATED;    OR (III) WAS MARRIED TO THE VETERAN FOR AT LEAST ONE
 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
 
 WITH  THE  VETERAN  CONTINUOUSLY  UNTIL THE VETERAN'S DEATH OR, IF SEPA-
 RATED, WAS NOT AT FAULT FOR THE SEPARATION.
   §  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  A  TUITION
 AWARD  IF SUCH VETERAN SATISFIED THE ENROLLMENT AND APPLICATION REQUIRE-
 MENTS SET FORTH IN PARAGRAPH A OF SUBDIVISION TWO OF THIS  SECTION,  BUT
 HAS  NOT  UTILIZED  SUCH  TUITION  AWARD, MAY ELECT TO TRANSFER ALL OR A
 PORTION OF THE TUITION AWARD TO AN ELIGIBLE IMMEDIATE FAMILY  MEMBER  OR
 MEMBERS.
   B. A QUALIFIED VETERAN WHO ELECTS TO TRANSFER THEIR AWARD SHALL DESIG-
 NATE  THE ELIGIBLE IMMEDIATE FAMILY MEMBER OR MEMBERS TO WHOM SUCH AWARD
 IS BEING TRANSFERRED, INCLUDING THE NUMBER OF SEMESTERS.    SUCH  DESIG-
 NATION  SHALL  BE  MADE  ON A FORM PRESCRIBED BY THE PRESIDENT, SHALL BE
 APPENDED TO  THE  APPLICATION  SPECIFIED  IN  SUBDIVISION  TWO  OF  THIS
 SECTION,  AND THE PRESIDENT SHALL MAKE THE FORM AND RELEVANT INFORMATION
 OF THIS SECTION AVAILABLE ON THE CORPORATION'S WEBSITE.
   C. A CHILD TO WHOM A TUITION AWARD IS TRANSFERRED UNDER THIS  SUBDIVI-
 SION  SHALL  BE  UNDER  TWENTY-SIX  YEARS  OF  AGE. SUCH CHILD SHALL NOT
 COMMENCE THE USE OF A TUITION AWARD TRANSFERRED UNDER  THIS  SUBDIVISION
 UNLESS  THE  QUALIFIED  VETERAN  HAS  SERVED  IN THE ARMED FORCES OF THE
 UNITED STATES FOR AT LEAST TEN YEARS, EXCEPT WHERE SUCH QUALIFIED VETER-
 AN DID NOT COMPLETE SUCH SERVICE REQUIREMENT DUE TO:
   (I) THE QUALIFIED VETERAN'S DEATH;
   (II) DISCHARGE OR RELEASE  FOR A MEDICAL  CONDITION  THAT  PRE-EXISTED
 SERVICE;
   (III) DISCHARGE OR RELEASE FOR HARDSHIP;
   (IV)  DISCHARGE  OR  RELEASE FOR A PHYSICAL OR MENTAL CONDITION, NOT A
 DISABILITY, THAT DID NOT RESULT FROM THEIR WILLFUL  MISCONDUCT  BUT  DID
 INTERFERE WITH THEIR PERFORMANCE OF DUTY;
   (V) DISCHARGE FOR A DISABILITY;
   (VI) DISCHARGE FOR A REDUCTION IN FORCE; OR
   (VII) INVOLUNTARY FORCE SHAPING.
   D.  THE  TUITION  AWARD  TRANSFERS  DESIGNATED  BY A QUALIFIED VETERAN
 PURSUANT TO THIS SUBDIVISION SHALL NOT EXCEED  THE  AWARD  AVAILABLE  TO
 SUCH VETERAN UNDER THIS SECTION.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.