§ 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\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 recruitment incentive program.\n 5-b. Notwithstanding the provisions of any other general, special or\nlocal law, rule or regulation, a recipient who has failed to\nsuccessfully complete his or her term of enlistment, if such failure is\nnot due to causes beyond his or her control as determined by the\nadjutant general or his designee, shall be ineligible to participate in\nthe tuition benefit provided by this section. Monies expended by the\nadministrating agency of such benefit shall be reimbursed to the state\nin the full amount by the former recipient within one year of\ntermination of active membership.\n 5-c. Notwithstanding the provisions of any other general, special or\nlocal law, a recipient who has successfully completed his or her term of\nenlistment due to having served in a combat theater or combat zone of\noperations, shall be eligible to continue to participate in the tuition\nbenefit provided by this section, if such recipient was enrolled in said\nbenefit prior to deployment in a combat theater or combat zone of\noperations.\n 6. The tuition benefit provided by this section shall be restricted to\nlegal residents of the state. The benefit may be used for either\npart-time or full-time study. No restriction as to sessions, student\nstatus, or space availability which does not apply to all students shall\nbe placed by institutions upon recipients under this program.\n 7. Upon the recipient's attainment of a baccalaureate degree or\ncessation of status as an active member, whichever occurs first, the\nbenefit provided by this section shall be discontinued. The tuition\nbenefit provided by this section may be suspended at the direction of\nthe division of military and naval affairs for a recipient's failure to\nmaintain good military standing as an active member, for the failure to\nmaintain good academic progress and program pursuit, or for the failure\nto maintain sufficient academic standing to retain eligibility for any\nother financial assistance the recipient may be receiving.\n 8. Unless otherwise provided for in this section, the tuition benefit\nshall be on the terms and conditions set by the division of military and\nnaval affairs, provided that any such benefit shall not exceed an amount\nequal to the actual annual tuition charged to the recipient or the\ntuition charged by the state university of New York, whichever is less,\noffset by any financial assistance and any other resources available\nthrough the national guard or the division of military and naval affairs\non behalf of the recipient, including the Army Continuing Education\nSystem (ACES) (AR-621-5 17 November 1993) and any successor Army\nregulations, and the total of all other state, federal, or other\neducational grant aid that is received or receivable by such student\nduring the school year for which such benefit is applicable. For the\npurposes of this subdivision, benefits available under the federal\nMontgomery GI Bill act of 1984 shall not be considered as federal or\nother educational aid.\n 9. Any active member who is eligible for the tuition benefit provided\nby this section must apply for all other available state, federal,\nincluding the Army Continuing Education System (ACES) (AR-621-5 17\nNovember 1993) and any successor Army regulations, or other educational\ngrant aid at time of enrollment. The division of military and naval\naffairs shall access all financial assistance available on behalf of all\nsuch active members. Any grant aid or financial assistance received,\nexcluding that of the Montgomery GI Bill Act of 1984, shall be utilized\nto offset the cost of tuition to the maximum extent possible, except\nthat nothing shall require that aid or assistance received which may be\nused towards costs other than that of tuition shall be applied toward\nthe cost of tuition.\n 10. The tuition benefit provided by this section shall be effective\nbeginning with the school semester or quarter following its enactment\ninto law.\n * NB Repealed September 1, 2026\n