STATE OF NEW YORK
________________________________________________________________________
8805
IN SENATE
January 8, 2026
___________
Introduced by Sen. BAILEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the education law, in relation to expanding the veterans
tuition awards program to allow the transfer of unused benefits to an
eligible immediate family member; to amend a chapter of the laws of
2025 amending the education law relating to expanding the veterans
tuition awards program to allow the transfer of unused benefits to a
spouse, survivor or child, as proposed in legislative bills numbers S.
4358-A and A. 3240-A, in relation to the effectiveness thereof; and to
repeal certain provisions of the education law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs g and h of subdivision 1 of section 699-a of the
2 education law, as added by a chapter of the laws of 2025 amending the
3 education law relating to expanding the veterans tuition awards program
4 to allow the transfer of unused benefits to a spouse, survivor or child,
5 as proposed in legislative bills numbers S. 4358-A and A. 3240-A, are
6 amended to read as follows:
7 g. "Eligible immediate family member" means a person who is the
8 spouse, child or [survivor] financial dependent of a qualified veteran,
9 and who resides in this state.
10 h. "Qualified veteran" means a veteran who [would be eligible to
11 receive a tuition award if such veteran satisfied] satisfies the
12 [enrollment and application] requirements set forth in paragraph a, b,
13 c, or d of subdivision [two] one of this section.
14 § 2. Paragraph i of subdivision 1 of section 699-a of the education
15 law, as added by a chapter of the laws of 2025 amending the education
16 law relating to expanding the veterans tuition awards program to allow
17 the transfer of unused benefits to a spouse, survivor or child, as
18 proposed in legislative bills numbers S. 4358-A and A. 3240-A, is
19 REPEALED.
20 § 3. Subdivision 5 of section 669-a of the education law, as added by
21 a chapter of the laws of 2025 amending the education law relating to
22 expanding the veterans tuition awards program to allow the transfer of
23 unused benefits to a spouse, survivor or child, as proposed in legisla-
24 tive bills numbers S. 4358-A and A. 3240-A, is amended and a new subdi-
25 vision 6 is added to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07221-04-6
S. 8805 2
1 5. a. A qualified veteran who [would be eligible to receive a tuition
2 award if such veteran satisfied the enrollment and application require-
3 ments set forth in paragraph a of subdivision two of this section, but]
4 has not utilized such tuition award, may elect to transfer in a single
5 instance all or [a portion of the] any remaining tuition award to [an]
6 one eligible immediate family member [or members].
7 b. A qualified veteran who elects to transfer their award shall desig-
8 nate the eligible immediate family member [or members] to whom such
9 award is being transferred[, including the number of semesters. Such
10 designation shall be made on a form prescribed by the president, shall
11 be appended to the application specified in subdivision two of this
12 section, and the president shall make the form and relevant information
13 of this section available on the corporation's website] in the manner
14 prescribed by the corporation.
15 c. A child to whom a tuition award is transferred under this subdivi-
16 sion shall be under twenty-six years of age. [Such child shall not
17 commence the use of a tuition award transferred under this subdivision
18 unless the qualified veteran has served in the armed forces of the
19 United States for at least ten years, except where such qualified veter-
20 an did not complete such service requirement due to:
21 (i) the qualified veteran's death;
22 (ii) discharge or release for a medical condition that pre-existed
23 service;
24 (iii) discharge or release for hardship;
25 (iv) discharge or release for a physical or mental condition, not a
26 disability, that did not result from their willful misconduct but did
27 interfere with their performance of duty;
28 (v) discharge for a disability;
29 (vi) discharge for a reduction in force; or
30 (vii) involuntary force shaping.]
31 d. The tuition award transfers designated by a qualified veteran
32 pursuant to this subdivision shall not exceed the award available to
33 such veteran under this section.
34 e. The total number of tuition award transfers under this subdivision
35 shall not exceed one hundred per year.
36 6. The president is authorized to promulgate rules and regulations to
37 implement the provisions of this section. The president may establish a.
38 an application deadline and b. a method of selecting which one hundred
39 tuition award transfers are to be granted if in any given year there are
40 more than one hundred eligible tuition award transfers requested.
41 § 4. Section 4 of a chapter of the laws of 2025 amending the education
42 law relating to expanding the veterans tuition awards program to allow
43 the transfer of unused benefits to a spouse, survivor or child, as
44 proposed in legislative bills numbers S. 4358-A and A. 3240-A, is
45 amended to read as follows:
46 § 4. This act shall take effect July 1, [2026] 2027. Effective imme-
47 diately, the addition, amendment and/or repeal of any rule or regulation
48 necessary for the implementation of this act on its effective date are
49 authorized to be made and completed on or before such effective date.
50 § 5. This act shall take effect immediately; provided however, that
51 sections one, two and three shall take effect on the same date and in
52 the same manner as a chapter of the laws of 2025 amending the education
53 law relating to expanding the veterans tuition awards program to allow
54 the transfer of unused benefits to a spouse, survivor or child, as
55 proposed in legislative bills numbers S. 4358-A and A. 3240-A, takes
56 effect.
