A07841 Summary:

BILL NOA07841
 
SAME ASNo Same As
 
SPONSORBronson
 
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 NOA07841
 
05/28/2015referred to higher education
01/06/2016referred to higher education
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A07841 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7841
 
SPONSOR: Bronson
  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 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.   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:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7841
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                      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    §  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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