BILL NO A07841
SAME AS No Same as
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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
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
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 peri-
ods 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.
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.
To be determined.
This act shall take effect immediately and shall be deemed to have been
in full force and effect on and after January 1, 2010.
STATE OF NEW YORK
2015-2016 Regular Sessions
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-
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 § 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.