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New York State Division of Military and Naval Affairs

The New York Patriot Plan III

Introduction: The Patriot Plan is a package of benefits and protections for service members. The majority of the provisions apply only to residents of the State of New York.

Purpose: This document outlines the benefits and protections provided under the Patriot Plans I, II and III. It provides general information on eligibility for benefits and, where possible, provides points of contact from 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 actionable under New York State Human Rights Law. All service personnel, state and federal, are covered. POC: New York State Division of Human Rights - (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. POC: DMNA Legal Affairs Office - (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 Statute of Limitations during the period of military service. All service personnel and their dependants are covered. POC: DMNA Legal Affairs Office - (518) 786-4541

Life Insurance Not to Lapse for Non-payment of Premiums. Life insurance policies will not lapse for nonpayment of premiums during a period of State or Federal active duty and for two years thereafter. This applies only to policies covering Reserve Component personnel, including members of the National Guard. POC: NYS Insurance Department, Legislative Affairs - (518) 473-0785
          DMNA Legal Affairs Office - (518) 786-4541

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. POC: DMNA State Family Readiness Program Office - (518) 786-4656
          DMNA Legal Affairs Office - (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, Legislative Affairs - (518) 473-0785
          DMNA Legal Affairs Office - (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 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. POC: DMNA Legal Affairs Office - (518) 786-4541

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: DMNA Legal Affairs Office - (518) 786-4541
          NYS Division of Human Rights - (718) 741-8400

Education Benefits

Military Service Recognition Scholarship (MSRS)
(Fromerly known as the Merit Program)
The Military Service Recognition Scholarship (MSRS) provides financial aid to children, spouses and financial dependents of members of the armed forces of the United States or state organized militia who, at any time on or after Aug. 2, 1990, while New York State residents, died or became severely and permanently disabled while engaged in hostilities or training for hostilities.

For more information visit the HESC website.

POC: NYS Higher Education Services Corporation - (518) 474- 3552
          DMNA Government and Community Affairs - (518) 786-4580

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 - (518) 473-3986
          DMNA Government and Community Affairs - (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 States or military service with the state. POC: NYS Education Department, Office of Teaching Initiatives - (518) 474-4661
          Email: rjackson@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, Office of Teaching Initiatives - (518) 474-4661
          Email: rjackson@mail.nysed.gov
          DMNA Government and Community Affairs - (518) 786-4580

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: DMNA Legal Affairs Office - (518) 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 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 - (518) 474-3552
          Email: http://hesc.com

Financial benefits

State Active Duty Pay. New York State Military Law has been amended 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 through 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 a Title 10, DoD designated combat zone or contingency operation. Additional information is located at http://tax.state.ny.us. POC: New York State Department of Taxation and Finance, Personnel Tax
          Information Center - (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 will receive the state tax benefit when they file their New York State Tax Return (Forms IT 201 or IT 203). Additional information may be obtained at http://tax.state.ny.us. POC: New York State Department of Taxation and Finance, Personnel Tax
          Information Center - (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. POC: DMNA Legal Affairs Office - (518) 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 - (518) 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 military duty. Applies to state and federal active duty July 1, 2003 to June 1, 2010.
The original repayment period (5 years) is extended by the number of months a member serves on active military duty between July 1, 2008 to June 1, 2010. POC: NYS Office of the State Comptroller, Counsel's Officer - (518) 474-7621
          DMNA Government and Community Affairs - (518) 786-4580

Supplemental Military Leave for State Employees. Supplemental military leave benefits have been extended through December 31, 2009, 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: NYS Department of Civil Service, Attendants and Leave Unit -
          (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: DMNA Legal Affairs Office - (518) 786-4541

Professional Licensing Benefits

Waiver of Professional Continuing Education Requirements and Extension of Professional Licenses. Any professional license, certificate, or registration that expires while the holder is engaged in active military service shall be automatically extended for the period of active service plus 12 months after the end of the service. Applies to federal and state active duty, other than for training. POC: DMNA Legal Affairs Office - (518) 786-4541

Extension of Certification for Emergency Medical Technicians (EMTs) and Other First Responders. Certifications 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 - (518) 473-8600
          DMNA Government and Community Affairs - (518) 786-4580

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 expires for reasons other then the passage of time. POC: DMNA Legal Affairs Office - (518) 786-4541

Other 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 -
          (866) 472-4332
          http://dec.state.ny.us

Free Empire Passports to New York State Parks.
UPDATE EFFECTIVE MARCH 25, 2011: A service member who is currently serving on active duty in support of the war on terrorism is eligible for one free Empire Passport for use by his or her immediate family during deployment and/or his or her own use when returning home. POC:: NYS Office of Parks, Recreation and Historic Preservation,
          (518) 474-0458
          http://nysparks.com/admission/empire-passport

Free Access to Video-Teleconferencing Centers (VTC). For use between deployed service members and their families. Service member must be on federal active duty. POC: DMNA Office of Administrative Support - (518) 786-6197
          NYS Office for Technology - (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 combat zone of operations. POC: Local public library / NYS Department of Education - (518) 474-7196
          http://nysl.nysed.gov

Extension of Driver's Licenses and Motor Vehicle Registrations. Driver's licenses and motor vehicle registrations 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. POC: NYS Division of Motor Vehicles (upstate) - (800) 486-9786
          NYS Division of Motor Vehicles (downstate) - (800) 477-4820
          http://nydmv.state.ny.us/armedforces.htm

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: (877) 222-8387
          NYS Department of Health - (518) 473-8600
          DMNA State Surgeon - (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 Veterans' Affairs - (518) 474-6784
          DMNA Casualty Affairs Officer - (518) 786-4608

Recognizing Employers and Businesses. The Empire State Development Corporation administers two programs, the NY-USA Proud Employer of Distinction Award and the Patriot Support and Discount Program, aimed at recognizing employers and retailers in New York State who show extra support to members of the military. More information is available at http://nyspatriotplan.org.

Benefits Granted to Dependents. New York State Military Law is amended to state that a dependent seeking a benefit given by 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 that the benefit shall be granted unless it can be shown that the dependent is not materially 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 dependent to apply for a court order first. The amendment permits applying for a court order if necessary. POC: DMNA Legal Affairs Office - (518) 786-4541
          DMNA Government and Community Affairs - (518) 786-4580

New SGLI Reimbursement Program
 

© NYS DMNA: Patriot Plan
URL: http://dmna.ny.gov/benefits/patriot.php
Page Last Modified: 05 Apr 13 (ba)
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