What's happening
This bill clarifies which types of leave count toward service requirements for New York's legal services attorney loan forgiveness program.
Why it matters
Clarifies which types of unpaid leave do not count. toward the required service period for loan forgiveness, making it clear that time spent on leave without pay, or any period in which an attorney is not in pay status, will pause the clock for loan forgiveness eligibility.
Specifies exceptions for certain types of leave. including military service, authorized maternity/paternity leave, Family and Medical Leave Act (FMLA) leave, and leave due to compensable injury—which may still count toward the necessary service period if the program president approves, potentially benefiting attorneys facing life events or illness.
Could impact attorneys’ planning for career and personal life. , since time away from work (unless falling under the specified exceptions) will delay loan forgiveness, encouraging attorneys to consider which types of leave may affect their eligibility timeline.
Applies retroactively to 2010. , meaning current and recent participants in the loan forgiveness program will be subject to these clarified rules, potentially affecting those whose eligibility period included any significant unpaid leave during the past several years.
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Expand Loan Forgiveness Eligibility
Plain English, a few words. Used as the page title.
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History
- Referred to higher education
- Referred to higher education
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Expand Attorney Loan Forgiveness
In Senate Committee · Higher Education · Sponsor Rich Funke
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1927
2017-2018 Regular Sessions
IN ASSEMBLY
January 17, 2017
Introduced by M. of A. BRONSON -- read once and referred to the Committee 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 forgiveness program
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph b of subdivision 2 of section 679-e of the education law, as amended by section 1 of part VV of chapter 56 of the laws of 2009, is amended to read as follows:
b. "Eligible period" means the six-year period after completion of the third year and before the commencement of the tenth year of employment as an eligible attorney. For purposes of this section, all periods of time during which an admitted attorney was employed as an eligible attorney and all periods of time during which a law school graduate awaiting admission to the New York state bar was employed by a prosecuting or criminal defense agency as permitted by section four hundred eighty-four of the judiciary law shall be combined. A period of leave without pay, or other periods which an eligible attorney is not in a pay status shall not count toward the completion of required service period reemployment. The service completion date shall be extended by the total time spent in non-pay status. However, absence because of uniformed service with a recognized branch of the United States military, authorized maternity/paternity, FMLA, or due to compensable injury shall be considered creditable, within the sole discretion of the president, toward the required service period upon reemployment.
§ 2. This act shall take effect immediately and shall be deemed to 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.
LBD07862-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.