Defines "severely and permanently disabled" for purposes of state scholarships and education loans.
TITLE OF BILL: An act to amend the education law, in relation to the definition of severely and permanently disabled for purposes of eligibility for certain scholarships and loans
PURPOSE: This legislation would permit a severely and permanently disabled person to be eligible for the World Trade Center Memorial Scholarship and Military enhanced recognition, incentive and tribute ("MERIT") scholarships despite whether such person is able to engage in a part-time occupation.
SUMMARY OF PROVISIONS: Section 1: Defines "severely and permanently" disabled, as referenced in sections 604, 608, 608-a, 668-b, 668-d, and 668-e, as a person who has one or more impairments, disabilities or conditions which are permanent in nature, as certified by a licensed physician, and which are of such a nature as to prevent such person from engaging full-time employment, for remuneration, for thirty-five hours or more a week outside of such person's home.
Section 2: Effective Date
EXISTING LAW: Currently, the Education Law does not define what it means to be severely and permanently disabled for the purposes of receiving the World Trade Center Memorial Scholarship and Military enhanced recognition, incentive and tribute ("MERIT") scholarships. However, HESC has construed these terms to mean that the victim is unable to engage in any occupation.
JUSTIFICATION: Currently, the Higher Education Services Corporation defines severely and permanently disabled as the victim is unable to engage in any occupation (including part time or light duty).
This definition prohibits victims from being eligible for the World Trade Center Memorial and "MERIT" scholarships should they find a way to keep working after they have suffered a severe and permanent disability. For instance, under HESC's definition, a person who is 70% disabled due to health effects from World Trade Center exposure would not be eligible for the WTC Memorial Scholarship if they were able to do part-time work from home. This legislation would ensure that victims are not prohibited from being eligible for these scholarships and loans because they make a determined effort to keep working after they suffer their injuries.
LEGISLATIVE HISTORY: 2012: S.6985 - Advanced to Third Reading
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 266 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. LARKIN -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education AN ACT to amend the education law, in relation to the definition of severely and permanently disabled for purposes of eligibility for certain scholarships and loans THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 601 of the education law is amended by adding a new subdivision 8 to read as follows: 8. "SEVERELY AND PERMANENTLY DISABLED", AS REFERENCED IN SECTIONS SIX HUNDRED FOUR, SIX HUNDRED EIGHT, SIX HUNDRED EIGHT-A, SIX HUNDRED SIXTY-EIGHT-B, SIX HUNDRED SIXTY-EIGHT-D AND SIX HUNDRED SIXTY-EIGHT-E OF THIS TITLE, SHALL MEAN A PERSON HAS ONE OR MORE IMPAIRMENTS, DISABIL- ITIES OR CONDITIONS WHICH ARE PERMANENT IN NATURE, AS CERTIFIED BY A LICENSED PHYSICIAN, AND WHICH ARE OF SUCH A NATURE AS TO PREVENT SUCH PERSON FROM ENGAGING IN FULL-TIME EMPLOYMENT, FOR REMUNERATION, FOR THIRTY-FIVE HOURS OR MORE A WEEK OUTSIDE OF SUCH PERSON'S HOME. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01371-01-3