S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2154--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M. of A. DINOWITZ, JEAN-PIERRE, LUNSFORD, EACHUS, MAHER,
   BUTTENSCHON, SILLITTI, CHANG, NOVAKHOV,  PHEFFER AMATO,  JONES,  FAHY,
   DAVILA  -- read once and referred to the Committee on Higher Education
   -- recommitted to the Committee on Higher Education in accordance with
   Assembly Rule 3, sec. 2 -- 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
   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
 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01348-02-4
              

 A. 2154--A                          2
 
   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.