Experience

NEW YORK PATRIOT PLAN I & II

Introduction

The Patriot Plan is a package of benefits and protections for service members created by Assemblyman Roy McDonald and unanimously passed by the legislature. The majority of the provisions apply only to residents of the State of New York.

Purpose

This document outlines the benefits and the protections provided under the Patriot Plans I & II. It provides general information on the eligibility for benefits and, where possible, provides points of contact which to obtain information regarding a specific benefit or protection.

Protections

• Freedom from Discrimination Based on Military Service. Any discrimination based on military status constitutes a violation of an individual’s civil rights and is action 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 New York State Soldier’s and Sailor’s Civil Relief Act. (“Civil Relief Act”). All service personnel and their dependants are covered.

POC: DMNA Legal Affairs Office at 518-786-4541.

• 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 Stature of Limitations during the period of military service. All service personnel and their dependants are covered.

POC: DMNA Legal Affairs Office at 518-786-4541.

• Life Insurance Not to Lapse for Non-p of Premiums. Life insurance polices 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, Legal Affairs Office at 518-786-4541/ DMNA Legal Affairs Office at 518-786-4541.

• Protection Against Enforcement of Storage Liens on Household Goods. Prohibits the foreclosure of 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 dependents are covered.

POC: DMNA State Family Readiness Program Office 518-786-4656/DMNA Legal Affairs Office at 518-786-4541.

• 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, Legal Affairs Office at 518-786-4541/ DMNA Legal Affairs Office at 518-786-4541.

 

• Prohibition Against Foreclosure of Mortgage. Prohibits the sale, foreclosure or seizure of property for nonpayment of mortgage during the service member’s period of services or within six months thereafter. The property must have been subject to the mortgage prior to the call to the active duty. Applies to the personnel on federal or state active duty and their dependants.

POC: Legal Affairs Office at 518-786-4541.

 

• Advise Credit Reporting. Advise 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: DMNA Legal Affairs Office at 518-786-454/ NYS Division of Human Rights at 718- 741-8400.

 Education Benefits

• Military Enhanced Recognition, Incentive, and tribute (“MERIT”) Scholarship. MERIT Scholarship program makes scholarship available to military personnel, their spouses, children, and financial dependents for military personnel who are either died, been declared missing, or become permanently 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 518-474-2552 or www.hesc.org/ DMNA Government and Community Affairs at 518-786-4580.
  
• Education Leave of Absents to Perform Military Duty. Students are entitled to leave of absents form institutions of higher education during periods of military service and for one year after competition of service. During the leave of absents, a student’s educational status and financial resources are preserved and the student has the option of requesting a refund or credit of tuition fees. Applies to federal and state active duty. POC: NYS Higher Education Services Corporation (HESC), Programs, Policy and Institutional Review at 518-473-3986/ DMNA Government and Community Affairs at 518-786-4580.

• 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 Stated and 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 lapsed 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, Division of Higher Education at 518- 473-9847 or email to lake@mail.nysed.gov/ DMNA Government and Community Affairs at 518-785-4580

• Right of Dependant Student 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/ DMNA Legal Affairs Office 581-786-4541.

• 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 Sep 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 518-474-2552 or www.hesc.org

Financial Benefits

• State Active Duty Pay. New York State Military Law has beenamended to raise the minimum daily pay of service members performing under Military Law in an emergency situation on state active duty from $100 to $125. This provision affects mostly junior enlisted members in the grades of E-1 thought E-4.

POC: DMNA Budget and Finance Office 518-786-4513.

• 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 Title 10, DoD designed 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.

• 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.

POC: DMNA Legal Affairs Office 581-786-4541.

• Maximum Rate of Interest. The Patriot Law extends the six (6) percent interest cap on debt incurred prior to entering active duty. This applies to federal active duty, other than for training.

POC: DMNA Legal Affairs Office 581-786-4541.

• 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 a military duty. UPDATE (extended): Authority expires on June 30, 2007.

POC: NYS Office of the State Comptroller, Counsel’s Office at 518-474-7621/ DMNA Government and Community Affairs at 518-786-4580.  

• Supplemental Military Leave for State Employees. Supplemental military leave benefits have been extended through December 31, 2006, state employees who are ordered to active duties relating to the war on terror 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 and 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 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/ DMNA Legal Affairs Office at 518-786-4541.

 Professional Licensing Benefits

• Waiver of Professional Continuing Educational Requirements and Extension of Professional Licenses. Any professional licensing, certificate, or registration that expires while the holder is engaged in active military services shall be automatically extended for the period of activity service plus 12 months after the end of the service. Applies to federal and state active duty, other than for training.

POC: Appropriate licensing authority/ DMNA Legal Affairs Office at 518-786-4541

• Extension of Certification for Emergency Medical Technicians (EMTs) and Other First Responders. Certification for EMTs, advanced EMTs and certified first responders who have been ordered to active military duty, other than for training, may be extended by the Department of Health. The period of extended certification is the entire period of active duty, plus 12 months. Applies to state and federal active duty, other than for training.

POC: NYS Department of Health at 518-473-8600/ DMNA Government and Community Affairs 581-786-4541.

• Waiver of Professional Licensing Benefit Clarification. When military service is partially within a licensing, registration or certification period, applicable continuing education requirements shall be reduced proportionately so that the individual is not required to complete those requirements while in military service. This shall not apply to limited permits or other credentials issued for a period of two months or less and shall not extend the terms of a limited permit that for expires reasons other than the passage of time.

POC: Appropriate licensing authority/ DMNA Legal Affairs Office at 518-786-4541

Miscellaneous Benefits

• Free Hunting and Fishing Licenses. Free hunting and fishing licenses may be issued to all active (e.g., drilling) New York resident members of the state organized militia or the reserve components of the U.S. Armed Forces.

POC: New York State Department of Conservation, Sporting License Help Line at (866)472-4332 or at www.dec.state.ny.us .

• Free Empire Passports to New York State Parks. Allows for the free Empire Passports for personnel called to federal or state active duty in response to an emergency after “9/11.” This program has now been extended. Please contact POC: NYS Office Recreation and Historic Preservation at 518-474-8081 or at www.nysparks.com/passport/ for details.

• Free Access to Video-Teleconferencing Centers (VTC). For use between deployed service members and their families. Service members must be on federal active duty.

POC: DMNA Office of Administrative Support at 518-786-6197/ NYS Office for Technology at 518-486-9200.

• Free Internet Access at Public Libraries. To be used for communication between deployed active duty military personnel and their families. The deployed service member must be a resident of the State of New York and must be deployed to a combat theater or a combat zone of operations.

POC: Local Public Library/ NYS Department of Education at 518-474-7196 or website at www.nysl.nyed.gov .

• Extension of Driver’s Licenses and Motor Vehicle Registrations. Driver’s licenses and motor vehicle that would otherwise expire during period of active duty may be extended. Applies to federal or state active duty relating to the war on terrorism and military action in Iraq.

http://www.nydmv.state.ny.us/armedforces.html or NYS Division of Motor Vehicles at (upstate) 800-225-5368 or down state

• Veteran’s Health Care Information Program. An automated health care information line that provides key phone numbers and points of contact for healthcare issues, benefits, and resources.

POC: NYS Department of Health at 518-473-8600/ DMNA State Surgeon at 518-786-4610.

• 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 Veteran’s Affairs at 518-474-6784/ DMNA Casualty Affairs Office at 518-786-4608.

• Recognizing Employers and Businesses. The Empire State Development Corporation administers two programs, the NY-USA Proud Employers and retailers in New York State who show extra support to members of the military. More information is available at www.nysatriotplan.org.

• Benefits Granted to Dependants. New York State Military Law is amended to state that a dependant seeking a benefit given be a statute to a service member may first apply to the agency, private party, business, etc. for the statutory benefit (e.g. interest rate reduction) and impaired (e.g., economically) by the deployment of the service member (and loss of the service member’s civilian compensation). The amendment makes it unnecessary for a dependant to apply for a court order first. The amendment permits applying for a court order if necessary. POC: DMNA Legal Affairs Office at 518-786-4541/. DMNA Government and Community Affairs at 518-786-4580.

 

HIGHLIGHTS of PATRIOT PLAN III  

• Provides the survivors of eligible public employees who give their life while on active duty in the Armed Forces with the same death benefits that their survivors would be entitled if the public employee made the ultimate sacrifice while working as a public employee.

• Provides the survivors of eligible public employee who passes away while active duty in the Armed Forces with the same health benefits to which such survivors would be entitled in the public employee was killed while working as a public employee.

• Reimburses premium payments sufficient to assume the cost for $250,000 worth of service member’s general life insurance for members of the New York State organized militia during periods of non-training active service.

• Provides for a new “War on Terror” license plate that shall be issued, upon request, to veterans of the Persian Gulf or Afghanistan conflicts.