S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6646

                            I N  S E N A T E

                            February 3, 2016
                               ___________

Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

AN ACT to amend the education law, in relation to establishing  the  New
  York state employee loan forgiveness program

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new section  679-h
to read as follows:
  S  679-H.  NEW  YORK  STATE  EMPLOYEE  LOAN  FORGIVENESS  PROGRAM.  1.
PURPOSE. THE COMMISSIONER SHALL GRANT STUDENT  LOAN  FORGIVENESS  AWARDS
FOR THE PURPOSE OF RETAINING INDIVIDUALS SERVING AS EMPLOYEES OF A STATE
EMPLOYER.
  2.  DEFINITIONS.  (A) "STATE EMPLOYER" MEANS: (1) THE EXECUTIVE BRANCH
OF THE STATE, (2) A COOPERATIVE EXTENSION  ASSOCIATION  ("ASSOCIATION"),
(3)  THE UNIFIED COURT SYSTEM, (4) THE SENATE, (5) THE ASSEMBLY, AND (6)
JOINT LEGISLATIVE EMPLOYERS.
  (B) "STUDENT  LOAN  DEBT"  MEANS  THE  TOTAL  ANNUAL  LOAN  REPAYMENTS
REQUIRED  TO BE MADE BY THE ELIGIBLE EMPLOYEE ON THE CUMULATIVE TOTAL OF
THE EMPLOYEE'S OUTSTANDING STUDENT LOANS COVERING THE COST OF ATTENDANCE
AT AN UNDERGRADUATE INSTITUTION AND/OR GRADUATE SCHOOL. INTEREST PAID OR
DUE ON SUCH LOANS SHALL BE CONSIDERED ELIGIBLE FOR  REIMBURSEMENT  UNDER
THIS  PROGRAM.  FOR  PURPOSES  OF  THIS  CALCULATION,  THE AMOUNT OF THE
STUDENT LOAN EXPENSE SHALL BE REDUCED BY ANY GRANTS,  LOAN  FORGIVENESS,
OR  SIMILAR REDUCTIONS TO THE EMPLOYEE'S INDEBTEDNESS THAT HE OR SHE HAS
RECEIVED OR SHALL RECEIVE.
  (C) "YEAR OF QUALIFIED SERVICE" MEANS THE TWELVE-MONTH PERIOD MEASURED
FROM THE ANNIVERSARY OF  THE  INDIVIDUAL'S  EMPLOYMENT  WITH  THE  STATE
EMPLOYER AND ADJUSTED FOR ANY INTERRUPTION IN EMPLOYMENT.
  3.  ELIGIBILITY.  (A)  TO  BE  ELIGIBLE  FOR AN AWARD PURSUANT TO THIS
SUBDIVISION, APPLICANTS SHALL: (1) BE EMPLOYED BY A STATE EMPLOYER;  (2)
FOR FIVE OR MORE YEARS OF QUALIFIED SERVICE; AND (3) HAVE AN OUTSTANDING
STUDENT LOAN DEBT.
  (B)  INDIVIDUALS  EMPLOYED  BY  A  STATE EMPLOYER WHO ARE NOT ELIGIBLE
INCLUDE:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD00478-03-5

S. 6646                             2

  (1) ELECTED OFFICIALS, JUDGES OR JUSTICES APPOINTED TO OR  SERVING  IN
COURT OF RECORD;
  (2)  OFFICERS  DESCRIBED  IN  SECTIONS  FOUR,  FORTY-ONE-A, FORTY-SIX,
SIXTY-ONE, SEVENTY, SEVENTY-A, ONE HUNDRED SIXTY-NINE  (INCLUDING  THOSE
OFFICERS  WHOSE  SALARY  IS  ESTABLISHED  PURSUANT TO SALARY PLANS UNDER
SUBDIVISION THREE  OF  SECTION  ONE  HUNDRED  SIXTY-NINE),  SECTION  ONE
HUNDRED EIGHTY AND SUBDIVISION ONE OF SECTION FORTY-ONE OF THE EXECUTIVE
LAW  AND  ANY AGENCY OR DEPARTMENT HEAD APPOINTED BY THE GOVERNOR, COMP-
TROLLER OR ATTORNEY GENERAL; AND
  (3) APPOINTED MEMBERS OF BOARDS OR COMMISSIONS ANY  OF  WHOSE  MEMBERS
ARE APPOINTED BY THE GOVERNOR OR BY ANOTHER STATE OFFICER OR BODY.
  4.  AWARDS.  THE COMMISSIONER SHALL GRANT AWARDS IN THE AMOUNT OF FIVE
THOUSAND DOLLARS TO INDIVIDUALS WHO ARE ELIGIBLE, PURSUANT  TO  SUBDIVI-
SION  TWO  OF  THIS  SECTION,  IN  THE  YEAR  PRIOR TO SUCH APPLICATION,
PROVIDED THAT NO RECIPIENT SHALL RECEIVE AN AWARD THAT EXCEEDS THE TOTAL
REMAINING BALANCE OF THE STUDENT LOAN DEBT AND THAT NO  RECIPIENT  SHALL
RECEIVE  CUMULATIVE  AWARDS,  PURSUANT TO THIS SECTION, IN EXCESS OF TEN
THOUSAND DOLLARS. AWARDS SHALL BE WITHIN THE  AMOUNTS  APPROPRIATED  FOR
SUCH PURPOSE AND BASED ON AVAILABILITY OF FUNDS.
  5. RULES AND REGULATIONS. THE COMMISSIONER IS AUTHORIZED TO PROMULGATE
RULES AND REGULATIONS NECESSARY FOR THE IMPLEMENTATION OF THE PROVISIONS
OF THIS SECTION.
  S 2. This act shall take effect immediately.