* § 669-b. Recruitment incentive and retention program for members of\nthe New York state organized militia. 1. The division of military and\nnaval affairs is authorized, within amounts appropriated or otherwise\nlawfully available from any other source, to establish a recruitment\nincentive and retention program.\n 2. Definitions as used in this section:\n a. The term "active member" shall mean a member of a federally\nrecognized unit of the New York army national guard, New York air\nnational guard, or New York naval militia who meets the minimum\nrequirements for satisfactory active membership as set forth in the\nregulations of the United States departments of the army, navy and air\nforce, as applicable, and the New York state division of military and\nnaval affairs.\n b. The term "degree producing curriculum" shall mean a series of\ncourses programmed to culminate in a specific post-secondary degree or\ndiploma when successfully completed.\n c. The term "tuition" shall mean the total semester, quarter, or\nclassroom hour cost of instruction to the student as periodically\npublished in the catalogue of the institution, specifically excluding\nmandatory fees, book charges, and room and board.\n d. The term "tuition benefit" shall mean the payment of whatever cost\nis attributable to the cost of tuition after the deduction of any other\navailable educational grant aid, including the Army Continuing Education\nSystem (ACES) (AR-621-5 17 November 1993) and any successor Army\nregulations, that could defray such cost; however, specifically\nexcluding the federal Montgomery GI Bill.\n e. The term "part-time study" shall mean enrollment in an approved\npost-secondary degree program for at least six but less than twelve\nsemester hours, or the equivalent per semester, or at least four but\nless than eight semester hours per quarter in an institution.\n f. The term "institution" shall mean any institution of higher\neducation recognized and approved by the regents or the university of\nthe state of New York which provides a course of study leading to the\ngranting of a post-secondary degree or diploma.\n g. The term "legal resident" shall mean a person whose principal\ndomicile is located within New York state in excess of one hundred\neighty-six days per year; excepting active federal military duty.\n 3. Notwithstanding the provisions of any other general, special, or\nlocal law, rule, or regulation, any active member who has successfully\ncompleted advanced individual training or commissioning and other\nrequirements of the division of military and naval affairs for tuition\nbenefit eligibility shall be entitled to the tuition benefit provided by\nthis section upon his or her enrollment in a degree producing curriculum\nin any institution.\n 4. Unless otherwise provided for in this section, eligibility for the\ntuition benefit provided by this section shall be determined by the\neducation services offices of the division of military and naval\naffairs, which shall issue certificates of eligibility and promulgate\nsuch administrative rules and procedures as are necessary to implement\nthe tuition benefit provided under this section. Such administrative\nrules and procedures shall include in the factors for the determination\nof eligibility for the tuition benefit provided by this section the\nfulfillment of the contractual obligation and commitments for service in\nthe New York army national guard, New York air national guard and New\nYork naval militia.\n 5. Any active member who currently possesses a baccalaureate degree or\nhigher is ineligible for participation in the recruitment incentive\nprogram provided by this section.\n 5-a. Notwithstanding the provisions of subdivision three of this\nsection, the adjutant general may, as defined in agency regulation, and\nwithin appropriated amounts, allow active members who have not completed\nbasic or advanced individual training or commissioning to participate in\nthe re
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.