2023 New York Laws › EDN - Education › Title 1 - General Provisions › Article 14 - New York State Higher Education Services Corporation › Part 2 - Student Financial Aid › Sub Part 2 - General Awards › 669-B - Recruitment Incentive and Retention Program for Members of the New York State Organized Militia.

* §  669-b. Recruitment incentive and retention program for members of
  the New York state organized militia. 1. The division  of  military  and
  naval  affairs  is  authorized, within amounts appropriated or otherwise
  lawfully available from any other source,  to  establish  a  recruitment
  incentive and retention program.
2. Definitions as used in this section:
a.  The  term  "active  member"  shall  mean  a  member of a federally
  recognized unit of the New  York  army  national  guard,  New  York  air
  national  guard,  or  New  York  naval  militia  who  meets  the minimum
  requirements for satisfactory active membership  as  set  forth  in  the
  regulations  of  the United States departments of the army, navy and air
  force, as applicable, and the New York state division  of  military  and
  naval affairs.
b.  The  term  "degree  producing  curriculum"  shall mean a series of
  courses programmed to culminate in a specific post-secondary  degree  or
  diploma when successfully completed.
c.  The  term  "tuition"  shall  mean  the total semester, quarter, or
  classroom hour cost  of  instruction  to  the  student  as  periodically
  published  in  the  catalogue of the institution, specifically excluding
  mandatory fees, book charges, and room and board.
d. The term "tuition benefit" shall mean the payment of whatever  cost
  is  attributable to the cost of tuition after the deduction of any other
  available educational grant aid, including the Army Continuing Education
  System (ACES)  (AR-621-5  17  November  1993)  and  any  successor  Army
  regulations,   that   could  defray  such  cost;  however,  specifically
  excluding the federal Montgomery GI Bill.
e. The term "part-time study" shall mean  enrollment  in  an  approved
  post-secondary  degree  program  for  at  least six but less than twelve
  semester hours, or the equivalent per semester, or  at  least  four  but
  less than eight semester hours per quarter in an institution.
f.  The  term  "institution"  shall  mean  any  institution  of higher
  education recognized and approved by the regents or  the  university  of
  the  state  of  New York which provides a course of study leading to the
  granting of a post-secondary degree or diploma.
g. The term "legal resident"  shall  mean  a  person  whose  principal
  domicile  is  located  within  New  York  state in excess of one hundred
  eighty-six days per year; excepting active federal military duty.
3. Notwithstanding the provisions of any other  general,  special,  or
  local  law,  rule, or regulation, any active member who has successfully
  completed  advanced  individual  training  or  commissioning  and  other
  requirements  of  the division of military and naval affairs for tuition
  benefit eligibility shall be entitled to the tuition benefit provided by
  this section upon his or her enrollment in a degree producing curriculum
  in any institution.
4. Unless otherwise provided for in this section, eligibility for  the
  tuition  benefit  provided  by  this  section shall be determined by the
  education services  offices  of  the  division  of  military  and  naval
  affairs,  which  shall  issue certificates of eligibility and promulgate
  such administrative rules and procedures as are necessary  to  implement
  the  tuition  benefit  provided  under this section. Such administrative
  rules and procedures shall include in the factors for the  determination
  of  eligibility  for  the  tuition  benefit provided by this section the
  fulfillment of the contractual obligation and commitments for service in
  the New York army national guard, New York air national  guard  and  New
  York naval militia.
5. Any active member who currently possesses a baccalaureate degree or
  higher  is  ineligible  for  participation  in the recruitment incentive
  program provided by this section.
5-a. Notwithstanding the  provisions  of  subdivision  three  of  this
  section,  the adjutant general may, as defined in agency regulation, and
  within appropriated amounts, allow active members who have not completed
  basic or advanced individual training or commissioning to participate in
  the recruitment incentive program.
5-b.  Notwithstanding  the provisions of any other general, special or
  local  law,  rule  or  regulation,  a  recipient  who  has   failed   to
  successfully  complete his or her term of enlistment, if such failure is
  not due to causes beyond  his  or  her  control  as  determined  by  the
  adjutant  general or his designee, shall be ineligible to participate in
  the tuition benefit provided by this section.  Monies  expended  by  the
  administrating  agency  of such benefit shall be reimbursed to the state
  in  the  full  amount  by  the  former  recipient  within  one  year  of
  termination of active membership.
5-c.  Notwithstanding  the provisions of any other general, special or
  local law, a recipient who has successfully completed his or her term of
  enlistment due to having served in a combat theater or  combat  zone  of
  operations,  shall be eligible to continue to participate in the tuition
  benefit provided by this section, if such recipient was enrolled in said
  benefit prior to deployment in  a  combat  theater  or  combat  zone  of
  operations.
6. The tuition benefit provided by this section shall be restricted to
  legal  residents  of  the  state.  The  benefit  may  be used for either
  part-time or full-time study. No restriction  as  to  sessions,  student
  status, or space availability which does not apply to all students shall
  be placed by institutions upon recipients under this program.
7.  Upon  the  recipient's  attainment  of  a  baccalaureate degree or
  cessation of status as an active member,  whichever  occurs  first,  the
  benefit  provided  by  this  section  shall be discontinued. The tuition
  benefit provided by this section may be suspended at  the  direction  of
  the  division of military and naval affairs for a recipient's failure to
  maintain good military standing as an active member, for the failure  to
  maintain  good academic progress and program pursuit, or for the failure
  to maintain sufficient academic standing to retain eligibility  for  any
  other financial assistance the recipient may be receiving.
8.  Unless otherwise provided for in this section, the tuition benefit
  shall be on the terms and conditions set by the division of military and
  naval affairs, provided that any such benefit shall not exceed an amount
  equal to the actual annual tuition  charged  to  the  recipient  or  the
  tuition  charged by the state university of New York, whichever is less,
  offset by any financial assistance and  any  other  resources  available
  through the national guard or the division of military and naval affairs
  on  behalf  of  the  recipient,  including the Army Continuing Education
  System (ACES)  (AR-621-5  17  November  1993)  and  any  successor  Army
  regulations,  and  the  total  of  all  other  state,  federal, or other
  educational grant aid that is received or  receivable  by  such  student
  during  the  school  year  for which such benefit is applicable. For the
  purposes of this  subdivision,  benefits  available  under  the  federal
  Montgomery  GI  Bill  act  of 1984 shall not be considered as federal or
  other educational aid.
9. Any active member who is eligible for the tuition benefit  provided
  by  this  section  must  apply  for  all other available state, federal,
  including the Army  Continuing  Education  System  (ACES)  (AR-621-5  17
  November  1993) and any successor Army regulations, or other educational
  grant aid at time of enrollment. The  division  of  military  and  naval
  affairs shall access all financial assistance available on behalf of all
  such  active  members.  Any  grant aid or financial assistance received,
  excluding that of the Montgomery GI Bill Act of 1984, shall be  utilized

  to  offset  the  cost  of tuition to the maximum extent possible, except
  that nothing shall require that aid or assistance received which may  be
  used  towards  costs  other than that of tuition shall be applied toward
  the cost of tuition.
10.  The  tuition  benefit provided by this section shall be effective
  beginning with the school semester or quarter  following  its  enactment
  into law.
* NB Repealed September 1, 2026