Defines "severely and permanently disabled" for purposes of state scholarships and education loans.
Ayes (59): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
Excused (2): Dilan, Espaillat
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
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") scholarship 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-d, and 668-e, as a person who is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death, has lasted for a continuous period of not less than sixty months or can be expected to last for a continuous period of not less than sixty months or has been determined by the federal Secretary of Veterans Affairs to be unemployable due to a service-connected disability.
Section 2: Effective Date.
Currently, the Higher Education Services Corporation defines severely and permanently disabled as the individual is unable to engage in any occupation (including part time or light duty).
This definition prohibits individuals 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 individuals 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.
2012: S.6985-Advanced to Third Reading/A.9909-Died in Higher Education
To be determined.
STATE OF NEW YORK ________________________________________________________________________ 266--A Cal. No. 317 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 -- reported favorably from said committee, ordered to first and second report, advanced to a third reading -- committed to the Committee on Rules -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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-D AND SIX HUNDRED SIXTY-EIGHT-E OF THIS TITLE, SHALL MEAN A PERSON WHO: (A) IS UNABLE TO ENGAGE IN ANY SUBSTANTIAL GAINFUL ACTIVITY BY REASON OF ANY MEDICALLY DETERMINABLE PHYSICAL OR MENTAL IMPAIRMENT THAT (I) CAN BE EXPECTED TO RESULT IN DEATH; (II) HAS LASTED FOR A CONTINUOUS PERIOD OF NOT LESS THAN SIXTY MONTHS; OR (III) CAN BE EXPECTED TO LAST FOR A CONTINUOUS PERIOD OF NOT LESS THAN SIXTY MONTHS; OR (B) HAS BEEN DETERMINED BY THE FEDERAL SECRETARY OF VETERANS AFFAIRS TO BE UNEMPLOYABLE DUE TO A SERVICE-CONNECTED DISABILITY. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01371-03-3