Amd §605, add Art 14 Part 2 Subpart 4 §679-k, Ed L
Relates to student financial aid programs; allows absence because of uniformed service, maternity/paternity, FMLA, or due to compensable injury to be creditable time.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3276
SPONSOR: Bronson TITLE OF BILL:
An act to amend the education law, in relation to student financial aid
programs
PURPOSE:
This act will allow eligible applicants to accrue credited time if they
have taken periods of leave without pay for certain circumstances.
SUMMARY OF PROVISIONS:
Section 1 amends section 605 of the education law to allow periods of
leave without pay to be counted towards credited time when-such periods
are taken for purposes of military service, authorized
maternity/paternity leave, family and medical leave, or compensable
injury.
Section 2 amends subpart 4 of part 2 of article 14 of the education law
to allow periods of leave without pay to be counted towards credited
time when such periods are taken for purposes of military service,
authorized maternity/paternity leave, family and medical leave, or
compensable injury.
Section 3 provides that this legislation shall apply retroactively to
have been in effect on January 1, 2010.
JUSTIFICATION:
New York state loan forgiveness programs were created to encourage and
reward certain categories of people for their dedicated service to the
public welfare. Such programs under state law include the nursing facul-
ty loan forgiveness program, the district attorney and indigent legal
services attorney loan forgiveness program, and the licensed social
worker loan forgiveness program.
Under current law, eligible applicants do not receive credited time for
certain periods of leave without pay that are beyond their control such
as military service and injury. This legislation will provide for these
exceptions.
LEGISLATIVE HISTORY:
A7842 of 2015-16: referred to Higher Education;
A2263 of 2017-18: referred to Higher Education;
A1178 of 2019-20: referred to Higher Education;
A1215 of 2021-22: referred to Higher Education;
A355 of 2023-24: referred to Higher Education
FISCAL IMPLICATIONS:
To be determined.
STATE OF NEW YORK
________________________________________________________________________
3276
2025-2026 Regular Sessions
IN ASSEMBLY
January 27, 2025
___________
Introduced by M. of A. BRONSON, LUNSFORD -- read once and referred to
the Committee on Higher Education
AN ACT to amend the education law, in relation to student financial aid
programs
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 9 of section 605 of the education law is
2 amended by adding a new paragraph g to read as follows:
3 g. A period of leave without pay, or other periods which an eligible
4 applicant is not in a pay status shall not count toward the completion
5 of the required service period reemployment. The service completion date
6 shall be extended by the total time spent in non-pay status. However,
7 absence because of uniformed service with a recognized branch of the
8 United States military, authorized maternity/paternity, FMLA, or due to
9 compensable injury shall be considered creditable, within the sole
10 discretion of the president, toward the required service period of reem-
11 ployment.
12 § 2. Subpart 4 of part 2 of article 14 of the education law is amended
13 by adding a new section 679-k to read as follows:
14 § 679-k. Loan forgiveness eligibility. For all loan forgiveness
15 programs referenced in this subpart, a period of leave without pay, or
16 other periods which an eligible applicant is not in a pay status shall
17 not count toward the completion of the required service period reemploy-
18 ment. The service completion date shall be extended by the total time
19 spent in non-pay status. However, absence because of uniformed service
20 with a recognized branch of the United States military, authorized
21 maternity/paternity, FMLA, or due to compensable injury shall be consid-
22 ered creditable, within the sole discretion of the president, toward the
23 required service period of reemployment.
24 § 3. This act shall take effect immediately and shall be deemed to
25 have been in full force and effect on and after January 1, 2010.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05906-01-5
