Clarifies the definition of severe and permanent disability for eligibility for military enhanced recognition, incentive and tribute ("MERIT") scholarships.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9357
SPONSOR: Romero TITLE OF BILL:
An act to amend the education law, in relation to eligibility for mili-
tary enhanced recognition, incentive and tribute ("MERIT") scholarships
PURPOSE:
To expand eligibility for military enhanced recognition, incentive and
tribute scholarships by expanding the definition of Severely and Perma-
nently Disabled to include individuals who are unable to engage in their
occupation for substantial gainful activity.
SUMMARY OF PROVISIONS:
Section 1 sets forth a definition of "severely and permanently disabled"
to include either a person who is unable to engage in any occupation for
substantial gainful activity due to a physical or mental impairment or a
person who is unable to engage in any occupation for remuneration or
profit due to a physical or mental impairment.
Section 2 sets forth the effective date.
JUSTIFICATION:
Expanding the definition of "Severely and Permanently Disabled" within
the Military Enhanced Recognition, Incentive, and Tribute (MERIT) schol-
arships to include individuals who can still perform some minimal work
but cannot work for a substantial wage, as well as their children,
spouses and financial dependents, ensures that the program will include
individuals who are severely disabled but still want to work. The
current definition may unintentionally exclude veterans and service-con-
nected individuals whose disabilities, while not meeting the narrowest
criteria, still prevent them from sustaining meaningful employment and
achieving financial independence. This change recognizes the full scope
of service-related impairments that can drastically limit a person's
capacity to earn a living, honoring both their sacrifice and ongoing
challenges.
LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
9357
2025-2026 Regular Sessions
IN ASSEMBLY
December 19, 2025
___________
Introduced by M. of A. ROMERO -- read once and referred to the Committee
on Higher Education
AN ACT to amend the education law, in relation to eligibility for mili-
tary enhanced recognition, incentive and tribute ("MERIT") scholar-
ships
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 668-e of the education law is amended by adding a
2 new subdivision 3 to read as follows:
3 3. Severely and permanently disabled. For the purposes of this
4 section, an individual is severely and permanently disabled when a
5 doctor of medicine or osteopathy, licensed to practice in a state, has
6 determined that such person is either:
7 a. unable to engage in any occupation for substantial gainful activity
8 due to a physical or mental impairment; or
9 b. unable to engage in any occupation for remuneration or profit due
10 to a physical or mental impairment.
11 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13771-01-5
