New York State Division of Veterans' Affairs

Protections | Education Benefits | Financial Benefits

Protections
Professional Liability Insurance Protection.	Professional liability insurance for persons ordered to active duty is suspended, upon request, for the period of military service plus 30 days. This is applicable to federal and state active duty. It does not encompass Annual Training (AT), drill (IDT), or Active-Guard Reserve (AGR) service.POC: NYS Insurance Department, Legislative Affairs at 518-473-0785
Prohibition Against Foreclosure of Mortgage.	Prohibits the sale, foreclosure, or seizure of property for nonpayment of mortgage during the service member's period of service, or within six months thereafter. The property must have been subject to the mortgage prior to the call to active duty. Applies to personnel on federal or state active duty and their dependants. Adverse Credit Reporting. Adverse action in future financial transactions, including adverse credit reporting against an individual who has previously obtained a stay, postponement or suspension of obligations under the Civil Relief Act, is prohibited. Applies to personnel on federal or state active duty and their dependants.POC: NYS Division of Human Rights at 718-741-8400.
The Uniformed Services Employment and Reemployment Rights Act (USERRA),	prohibits discrimination against persons because of their service in the Armed Forces Reserve, the National Guard, or other uniformed services. USERRA prohibits an employer from denying any benefit of employment on the basis of an individual’s membership, application for membership, performance of service, application for service, or obligation for service in the uniformed services. USERRA also protects the right of veterans, reservists, National Guard members, and certain other members of the uniformed services to reclaim their civilian employment after being absent due to military service or training. POC: 1-866-4-USA-DOL or visit http://www.dol.gov/vets. An interactive online USERRA Advisor can be viewed at http://www.dol.gov/elaws/userra.htm.
Veterans Preference,	for veterans who are disabled or who served on active duty in the Armed Forces during certain specified time periods or in military campaigns are entitled to preference over others in hiring from competitive lists of eligible's and also in retention during reductions in force. Preference applies in hiring for virtually all jobs, whether in the competitive or excepted service. POC: Office of Personnel Management (OPM) administers entitlement to veterans' preference in Federal employment under title 5, United States Code. Additional information can be viewed at http://www.dol.gov/elaws/vetspref.htm
Freedom From Discrimination Based on Military Service.	Any discrimination based on military status constitutes a violation of an individual's civil rights and is actionable under New York State Human Rights Law. All service personnel, state and federal, are covered.POC: New York State Division of Human Rights at 718-741-8400.
Prohibition Against Soliciting or Requiring Waiver of Civil Relief Act Rights.	It is a misdemeanor to solicit, require, demand or otherwise request a waiver of a right provided under the State Soldiers' and Sailors' Civil Relief Act ("Civil Relief Act"). All service personnel and their dependants are covered.
Extension of State Civil Relief Act Benefits to Dependants.	The protections of the State Civil Relief Act have been extended to include dependants of a person in military service. These benefits include stay of court proceedings, freedom from foreclosure, restraints against eviction, reduced interest rates on loans and the tolling of the Statute of Limitations during the period of military service. All service personnel and their dependants are covered.
Life Insurance Not to Lapse for Non-payment of Premiums.	Life insurance policies will not lapse for nonpayment of premiums for a period of two years following the period of active duty with the Armed Forces of the United States. This applies to Reserve Component personnel called to active duty with the Armed Forces of the U.S. It does not encompass State Active Duty (SAD).POC: NYS Insurance Department, Legislative Affairs at 518-473-0785.
Protection Against Enforcement of Storage Liens on Household Goods.	Prohibits the foreclosure or enforcement of any lien for storage of household goods, furniture, or personal effects of a person in military service during such person's period of active duty military service and for three months thereafter. All service personnel and their dependants are covered.

Education Benefits
Military Enhanced Recognition, Incentive and Tribute ("MERIT") Scholarship Program.	MERIT Scholarship program makes scholarships available to military personnel, their spouses, children and financial dependents for military personnel who are residents of New York State and have either died, been declared missing or become permanently and severely disabled during active duty. Applies to personnel injured or disabled on federal or state active duty; however, death or disability of a service member must have been incurred in a combat theater or combat zone of operations or while training in preparation for duty in a combat theater.POC: NYS Higher Education Services Corporation at 518-474- 3552 or www.hesc.org
Educational Leave of Absence to Perform Military Duty.	Students are entitled to a leave of absence from institutions of higher education during periods of military service and for one year after completion of service. During the leave of absence, a student's educational status and financial resources are preserved and the student has the option of requesting a refund or credit of tuition and fees. Applies to federal or state active duty.POC: NYS Higher Education Services Corporation (HESC), Programs, Policy and Institutional Review at 518-473-3986
Constructive Credit for Military Training Towards Civilian Professional Accreditation.	Programs and training offered by the military are to be recognized as equivalent training for the purpose of professional licensing. Applies to training received through both military service with the United States or military service with the state.POC: Applicable service education office / NYS Education Department, Division of Higher Education at 518-473-9847 or email to lake@mail.nysed.gov.
Renewal of Temporary Teaching Certificates.	Fees waived for the renewal of a temporary teaching certificate or license that lapse while the applicant is deployed. Applies to personnel called to federal active duty if deployed to a combat theater or combat zone of operations.POC: NYS Education Department at 518-473-9847 or email to lake@mail.nysed.gov
Right of Dependent Students to Continue to Attend Public School Attended Prior to Relocation Caused by Military Service.	A child who is relocated due to a parent or guardian's active military service will be allowed to attend the public school that he/she attended prior to the relocation. Applies to personnel on state or federal active duty, other than for training.POC: Superintendent of local school district
State Tuition Scholarship Assistance.	New York Education Law is amended to define two equally privileged classes of "Persian Gulf" veterans: (1) those who served there from 19 Aug 2001 to 10 Sept 2004; and, (2) those who served there from September 11, 2001 through the end of such hostilities; all of whom must have a discharge under other than dishonorable conditions.POC: NYS Higher Education Services Corporation at 518-474-3552 or www.hesc.org.

Financial Benefits
Exemption from New York State Income Tax, Title 10 Status.	New York State Tax Law is amended to exempt from state income taxation for federal military pay received in a Title 10, DoD designated combat zone or contingency operation. Additional information is located at www.tax.state.ny.us.POC: New York State Department of Taxation and Finance, Personnel Tax Information Center at (800) 225-5829.
Exemption from New York State Income Tax, State Active Duty.	New York State Tax Law is amended to exempt from state income taxation any state military pay received while serving on any "emergency" state active duty under New York State Military Law. Service members who received SAD pay in 2004 will receive the state tax benefit when they file their 2004 New York State Tax Return (Forms IT 201 or IT 203). Additional information may be obtained at www.tax.state.ny.us.POC: New York State Department of Taxation and Finance, Personnel Tax Information Center at (800) 225-5829.
Termination of Motor Vehicle Lease Contracts.	Permits individuals who enter into a car lease prior to entering active military service to break the lease upon entry into active service. Must have entered state or federal active duty, other than for training, after entering lease. Also applies to spouse as co-signer of lease.
Maximum Rate of Interest.	Permits individuals who enter into a car lease prior to entering active military service to break the lease upon entry into active service. Must have entered state or federal active duty, other than for training, after entering lease. Also applies to spouse as co-signer of lease.
Suspension of Repayment of Public Retirement System Loans.	Permits a public retirement system, at its discretion, to suspend the obligation to repay any loan while a member is absent on military duty. Applies to state and federal active duty. UPDATE (extended): Authority expires on June 30, 2007.POC: NYS Office of the State Comptroller, Counsel's Officer at 518-474-7621.
Supplemental Military Leave for State Employees.	Supplemental military leave benefits have been extended through December 31, 2006, to state employees who are ordered to active military duties relating to the war on terrorism and military action in Iraq. Applies to federal and state active duty.POC: State Agency Human Resource Office / NYS Department of Civil Service, Attendants and Leave Unit at 518-457-2295.
Extension of Deadline to Pay Real Property Taxes.	Localities are permitted, at their discretion, to extend the payment period for any tax owed on real property. Eligibility is limited to a person who has been ordered to active military duty, other than for training, for a period beginning with a declaration of war by Congress or during any periods of combat designated by presidential executive order or during hazardous ("imminent danger") duty. This benefit is contingent upon the passage of a resolution by the effected municipality authorizing the extension.POC: Local property tax office.
Supplemental Burial Allowance.	This allowance is a state allotment of not more than $6,000 paid to the surviving spouse, domestic partner, adult children, parents, or other family member of the deceased, depending on who paid the cost of the funeral and burial. To receive the benefit, the deceased must have been killed on federal active duty in combat or duty subject to hostile fire or imminent danger.POC: NYS Division of Veterans' Affairs at 518-474-6114