* § 669-b. Recruitment incentive and retention program for members of
the New York state organized militia. 1. The division of military and
naval affairs is authorized, within amounts appropriated or otherwise
lawfully available from any other source, to establish a recruitment
incentive and retention program.

2. Definitions as used in this section:

a. The term "active member" shall mean a member of a federally
recognized unit of the New York army national guard, New York air
national guard, or New York naval militia who meets the minimum
requirements for satisfactory active membership as set forth in the
regulations of the United States departments of the army, navy and air
force, as applicable, and the New York state division of military and
naval affairs.

b. The term "degree producing curriculum" shall mean a series of
courses programmed to culminate in a specific post-secondary degree or
diploma when successfully completed.

c. The term "tuition" shall mean the total semester, quarter, or
classroom hour cost of instruction to the student as periodically
published in the catalogue of the institution, specifically excluding
mandatory fees, book charges, and room and board.

d. The term "tuition benefit" shall mean the payment of whatever cost
is attributable to the cost of tuition after the deduction of any other
available educational grant aid, including the Army Continuing Education
System (ACES) (AR-621-5 17 November 1993) and any successor Army
regulations, that could defray such cost; however, specifically
excluding the federal Montgomery GI Bill.

e. The term "part-time study" shall mean enrollment in an approved
post-secondary degree program for at least six but less than twelve
semester hours, or the equivalent per semester, or at least four but
less than eight semester hours per quarter in an institution.

f. The term "institution" shall mean any institution of higher
education recognized and approved by the regents or the university of
the state of New York which provides a course of study leading to the
granting of a post-secondary degree or diploma.

g. The term "legal resident" shall mean a person whose principal
domicile is located within New York state in excess of one hundred
eighty-six days per year; excepting active federal military duty.

3. Notwithstanding the provisions of any other general, special, or
local law, rule, or regulation, any active member who has successfully
completed advanced individual training or commissioning and other
requirements of the division of military and naval affairs for tuition
benefit eligibility shall be entitled to the tuition benefit provided by
this section upon his or her enrollment in a degree producing curriculum
in any institution.

4. Unless otherwise provided for in this section, eligibility for the
tuition benefit provided by this section shall be determined by the
education services offices of the division of military and naval
affairs, which shall issue certificates of eligibility and promulgate
such administrative rules and procedures as are necessary to implement
the tuition benefit provided under this section. Such administrative
rules and procedures shall include in the factors for the determination
of eligibility for the tuition benefit provided by this section the
fulfillment of the contractual obligation and commitments for service in
the New York army national guard, New York air national guard and New
York naval militia.

5. Any active member who currently possesses a baccalaureate degree or
higher is ineligible for participation in the recruitment incentive
program provided by this section.

5-a. Notwithstanding the provisions of subdivision three of this
section, the adjutant general may, as defined in agency regulation, and
within appropriated amounts, allow active members who have not completed
basic or advanced individual training or commissioning to participate in
the recruitment incentive program.

5-b. Notwithstanding the provisions of any other general, special or
local law, rule or regulation, a recipient who has failed to
successfully complete his or her term of enlistment, if such failure is
not due to causes beyond his or her control as determined by the
adjutant general or his designee, shall be ineligible to participate in
the tuition benefit provided by this section. Monies expended by the
administrating agency of such benefit shall be reimbursed to the state
in the full amount by the former recipient within one year of
termination of active membership.

5-c. Notwithstanding the provisions of any other general, special or
local law, a recipient who has successfully completed his or her term of
enlistment due to having served in a combat theater or combat zone of
operations, shall be eligible to continue to participate in the tuition
benefit provided by this section, if such recipient was enrolled in said
benefit prior to deployment in a combat theater or combat zone of
operations.

6. The tuition benefit provided by this section shall be restricted to
legal residents of the state. The benefit may be used for either
part-time or full-time study. No restriction as to sessions, student
status, or space availability which does not apply to all students shall
be placed by institutions upon recipients under this program.

7. Upon the recipient's attainment of a baccalaureate degree or
cessation of status as an active member, whichever occurs first, the
benefit provided by this section shall be discontinued. The tuition
benefit provided by this section may be suspended at the direction of
the division of military and naval affairs for a recipient's failure to
maintain good military standing as an active member, for the failure to
maintain good academic progress and program pursuit, or for the failure
to maintain sufficient academic standing to retain eligibility for any
other financial assistance the recipient may be receiving.

8. Unless otherwise provided for in this section, the tuition benefit
shall be on the terms and conditions set by the division of military and
naval affairs, provided that any such benefit shall not exceed an amount
equal to the actual annual tuition charged to the recipient or the
tuition charged by the state university of New York, whichever is less,
offset by any financial assistance and any other resources available
through the national guard or the division of military and naval affairs
on behalf of the recipient, including the Army Continuing Education
System (ACES) (AR-621-5 17 November 1993) and any successor Army
regulations, and the total of all other state, federal, or other
educational grant aid that is received or receivable by such student
during the school year for which such benefit is applicable. For the
purposes of this subdivision, benefits available under the federal
Montgomery GI Bill act of 1984 shall not be considered as federal or
other educational aid.

9. Any active member who is eligible for the tuition benefit provided
by this section must apply for all other available state, federal,
including the Army Continuing Education System (ACES) (AR-621-5 17
November 1993) and any successor Army regulations, or other educational
grant aid at time of enrollment. The division of military and naval
affairs shall access all financial assistance available on behalf of all
such active members. Any grant aid or financial assistance received,
excluding that of the Montgomery GI Bill Act of 1984, shall be utilized
to offset the cost of tuition to the maximum extent possible, except
that nothing shall require that aid or assistance received which may be
used towards costs other than that of tuition shall be applied toward
the cost of tuition.

10. The tuition benefit provided by this section shall be effective
beginning with the school semester or quarter following its enactment
into law.

* NB Repealed September 1, 2026