A07841 Summary:

BILL NO    A07841 

SAME AS    No same as 

SPONSOR    Bronson

COSPNSR    

MLTSPNSR   

Amd S679-e, Ed L

Relates to the New York state district attorney and indigent legal services
attorney loan forgiveness program; allows absence because of uniformed service,
maternity/paternity, FMLA, or due to compensable injury to be creditable time.
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A07841 Actions:

BILL NO    A07841 

05/28/2015 referred to higher education
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A07841 Votes:

There are no votes for this bill in this legislative session.
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A07841 Memo:

BILL NUMBER:A7841

TITLE OF BILL:

An act to amend the education law, in relation to the New York state
district attorney and indigent legal services attorney loan
forgiveness program

Purpose:

This act will allow eligible attorneys to accrue credited time if they
have taken periods of leave without pay for certain circumstances.

Summary of Provisions:

This bill would amend Section 679-e of the education law to allow
periods of leave without pay to be counted towards credited time when
such periods are taken for purposes of military service, authorized
maternity/paternity leave, family and medical leave, or compensable
injury. The legislation shall apply retroactively to have been in
effect on January 1, 2010.

Justification:

The New York state district attorney and indigent legal services loan
forgiveness program encourages and rewards the dedicated public
service of prosecutors and public defenders. These attorneys provide
for the maintenance of our judicial system, and they ensure the proper
execution of New York residents' fundamental rights.

Under current law, eligible attorneys do not receive credited time for
certain periods of leave without pay that are beyond their control
such as military service and injury. The federal John R. Justice Loan
Forgiveness Program does not permit eligible district attorneys and
public defenders to receive credited time except for the four reasons
outlined in this bill. State law provides no such exceptions for
periods of leave without pay. This legislation will bring state law
into parity with federal law.

Legislative History:

New legislation.

Fiscal Implications:

To be determined.

Effective Date:

This act shall take effect immediately and shall be deemed to have
been in full force and effect on and after January 1, 2010.
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A07841 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         7841

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                     May 28, 2015
                                      ___________

       Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
         tee on Higher Education

       AN ACT to amend the education law, in relation to  the  New  York  state
         district  attorney  and indigent legal services attorney loan forgive-
         ness program

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Paragraph b of subdivision 2 of section 679-e of the educa-
    2  tion  law,  as amended by section 1 of part VV of chapter 56 of the laws
    3  of 2009, is amended to read as follows:
    4    b. "Eligible period" means the six-year period after completion of the
    5  third year and before the commencement of the tenth year  of  employment
    6  as  an  eligible  attorney. For purposes of this section, all periods of
    7  time during which an admitted  attorney  was  employed  as  an  eligible
    8  attorney  and  all  periods  of  time during which a law school graduate
    9  awaiting admission to the New York state bar was employed by a prosecut-
   10  ing or criminal defense agency as  permitted  by  section  four  hundred
   11  eighty-four  of  the judiciary law shall be combined.  A PERIOD OF LEAVE
   12  WITHOUT PAY, OR OTHER PERIODS WHICH AN ELIGIBLE ATTORNEY IS NOT IN A PAY
   13  STATUS SHALL NOT COUNT TOWARD THE COMPLETION OF REQUIRED SERVICE  PERIOD
   14  REEMPLOYMENT. THE SERVICE COMPLETION DATE SHALL BE EXTENDED BY THE TOTAL
   15  TIME  SPENT  IN  NON-PAY  STATUS.  HOWEVER, ABSENCE BECAUSE OF UNIFORMED
   16  SERVICE WITH A RECOGNIZED BRANCH OF THE UNITED STATES MILITARY,  AUTHOR-
   17  IZED  MATERNITY/PATERNITY,  FMLA,  OR DUE TO COMPENSABLE INJURY SHALL BE
   18  CONSIDERED CREDITABLE, WITHIN THE  SOLE  DISCRETION  OF  THE  PRESIDENT,
   19  TOWARD THE REQUIRED SERVICE PERIOD UPON REEMPLOYMENT.
   20    S  2.  This  act  shall take effect immediately and shall be deemed to
   21  have been in full force and effect on and after January 1, 2010.


        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10660-03-5
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