N.Y. Education Law § 669-b: Recruitment incentive and retention program for members of the New York state organized militia

* § 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, 2031