What's happening
The bill amends the attorney loan forgiveness program to clarify how unpaid leave and certain absences affect required service periods.
Why it matters
Clarifies which types of unpaid leave do not count toward the loan forgiveness service requirement. , helping attorneys better understand how leaves of absence (such as unpaid leave) impact their eligibility timelines.
Specifies that the required service period will be extended for any time spent in non-pay status. , making it clear that time away from work (without pay) will delay completion of service required for loan forgiveness.
Allows certain types of absences—such as military service, parental leave, FMLA leave, or compensable injury—to potentially count toward the service requirement at the program president’s discretion. , which may benefit attorneys facing life events or injuries by not penalizing them for these absences.
Applies these clarifications retroactively to January 1, 2010. , ensuring consistency and potentially affecting past and current program participants’ eligibility calculations.
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Who cares
Headline styles
Expand Attorney Loan Forgiveness
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 55
1 Co-sponsor
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 Loan Forgiveness Eligibility
In Assembly Committee · Higher Education · Sponsor Harry B. Bronson
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3769
2017-2018 Regular Sessions
IN SENATE
January 26, 2017
Introduced by Sen. FUNKE -- read twice and ordered printed, and when printed to be committed 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.
Sponsor's memo
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
A.7841 of 2015-16: referred to Higher Education
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.