Pennsylvania Act 1990-87 — MILITARY CODE (51 PA.C.S) - AMEND VETERANS' LITIGATION AWARDS

Act text

MILITARY CODE (51 PA.C.S) - AMEND VETERANS' LITIGATION AWARDS
                  Act of Jul. 10, 1990, P.L. 374, No. 87              Cl. 51
                             Session of 1990
                               No. 1990-87

                                  AN ACT

     SB 627

     Amending Title 51 (Military Affairs) of the Pennsylvania
        Consolidated Statutes, providing for veterans' litigation
        awards.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Title 51 of the Pennsylvania Consolidated
     Statutes is amended by adding a chapter to read:

                                CHAPTER 79
                       VETERANS' LITIGATION AWARDS

     Sec.
     7901.  Definitions.
     7902.  Veterans' litigation awards.

      § 7901.  Definitions.
        The following words and phrases when used in this chapter
     shall have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Agent Orange."  The herbicide composed of
     trichlorophenoxyacetic acid and dichlorophenoxyacetic acid and
     the contaminant dioxin (TCDD).
        "Vietnam herbicide."  The herbicides, defoliants and other
     causative agents containing dioxin, including Agent Orange, used
     in the Vietnam Conflict.
      § 7902.  Veterans' litigation awards.
        (a)  Award exclusions.--Notwithstanding any other law of this
     Commonwealth to the contrary, any proceeds received pursuant to
     a judgment in, or settlement of, a lawsuit against the
     manufacturer or distributor of a Vietnam herbicide, for damages
     resulting from exposure thereto shall not be income or
     compensation for the purpose of any State or local tax, or for
     the calculation of any exemption or rebate therefrom, and shall
     not be income or an asset for determining the eligibility for
     State or local government benefit programs, including, but not
     limited to, general public assistance and vocational
     rehabilitation. Such proceeds shall not be subject to recoupment
     for the receipt of any governmental benefits, nor shall any lien
     be enforceable against such sums for any reason.
        (b)  Payment method.--This exclusion of litigation proceeds
     from use in tax or benefit program calculations shall be
     available to disabled veterans or their beneficiaries, whether
     payment is received in a lump sum or payable in installments
     over a period of years.
        Section 2.  This act shall be retroactive to January 1, 1989.
        Section 3.  This act shall take effect immediately.

     APPROVED--The 10th day of July, A. D. 1990.

     ROBERT P. CASEY