Pennsylvania Act 2006-44 — MILITARY AFFAIRS (51 PA.C.S.) - EDUCATIONAL ASSISTANCE PROGRAM ELIGIBILITY AND LIMITATIONS

Act text

MILITARY AFFAIRS (51 PA.C.S.) - EDUCATIONAL ASSISTANCE PROGRAM
                       ELIGIBILITY AND LIMITATIONS
                  Act of May 11, 2006, P.L. 175, No. 44               Cl. 51
                             Session of 2006
                               No. 2006-44

     SB 1081

                                  AN ACT

     Amending Title 51 (Military Affairs) of the Pennsylvania
        Consolidated Statutes, further providing for limitations and
        eligibility in educational assistance program.

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

        Section 1.  Section 3202 of Title 51 of the Pennsylvania
     Consolidated Statutes is amended to read:
      § 3202.  Eligibility.
        (a)  General rule.--A Pennsylvania National Guard member is
     eligible to receive a public service educational grant under
     this chapter if the member meets all of the following
     eligibility criteria:
            (1)  The member is a qualified resident of this
        Commonwealth.
            (2)  [The] Except as otherwise provided in subsection (c)
        and section 3206(b)(relating to limitations), the member is a
        member in good standing and has been a satisfactory
        participant in Pennsylvania National Guard activities for a
        minimum service period established by the Adjutant General.
            (3)  The member has enrolled as a student in an approved
        program of education at an approved institution of higher
        learning.
        (b)  Additional eligibility criteria for full-time student
     assistance grants.--In addition to the eligibility criteria
     specified in subsection (a), a student must meet the following
     eligibility criteria to qualify for a full-time student
     assistance grant:
            (1)  The member does not possess a baccalaureate degree.
            (2)  The member accepts an obligation to serve in the
        Pennsylvania National Guard for a period of six years from
        the date of entry into the program by enlistment,
        reenlistment, extension of enlistment or execution of a
        service commitment.
            (3)  The member has enrolled as a full-time student in an
        approved program of education at an approved institution of
        higher learning.
            (4)  The member is not receiving a Reserve Officer
        Training Corps (ROTC) Scholarship, excluding a Guaranteed
        Reserve Forces Duty Scholarship.
        (c)  Discharge for disability incurred in the line of duty.--
     A Pennsylvania National Guard member who is discharged for
     medical disability after September 11, 2001, shall remain
     eligible to receive a public service educational grant under
     this chapter if the member meets all of the following
     eligibility criteria:
            (1)  The medical disability was incurred in the line of
        duty and was not the result of misconduct.
            (2)  The medical condition giving rise to the discharge
        did not exist prior to the member entering service in the
        Pennsylvania National Guard.
            (3)  The medical disability was incurred while performing
        authorized military duty other than basic training, advanced
        individual training or other equivalent initial training.
            (4)  The former member received an honorable discharge
        for medical reasons.
            (5)  The former member had accepted an obligation to
        serve in the Pennsylvania National Guard for a minimum period
        of service established by the Adjutant General and was
        qualified to have fulfilled such service obligation but for
        the medical disability that resulted in discharge.
            (6)  The former member commences a full-time or part-time
        course of study within two years of medical discharge or
        within two years of the effective date of this subsection,
        such course of study having a completion date of not more
        than six years following the date of medical discharge for
        members discharged for medical disability on or after the
        effective date of this subsection or of not more than six
        years following the effective date of this subsection for
        members discharged for a medical disability after September
        11, 2001, and before the effective date of this subsection.
        The Adjutant General may for good cause extend these
        deadlines when the former member's disability is shown to
        require additional time for the former member to commence or
        complete a course of study.
            (7)  The former member meets all eligibility criteria
        specified in subsections (a) and (b) except membership in the
        Pennsylvania National Guard.
        Section 2.  Section 3206(b) of Title 51, amended December 22,
     2005 (P.L.441, No.82), is amended to read:
      § 3206.  Limitations.
        * * *
        (b)  Active duty.--
            (1)  Except as otherwise provided in paragraph (2) or
        (3), no grant payments shall be made under this chapter
        except during the eligible member's term of service as a
        member in good standing of the Pennsylvania National Guard.
            (2)  For eligible members who were called or ordered to
        active Federal service or active State duty under section 508
        (relating to active State duty for emergency) after September
        11, 2001, the deadline for making grant payments shall be
        extended for one additional month for each month or part of
        month of such service after the member is discharged or
        released under honorable conditions from the Pennsylvania
        National Guard.
            (3)  For members discharged because of a disability
        incurred in the line of duty who are eligible under section
        3202(c) (relating to eligibility), the deadline for making
        grant payments shall be:
                (i)  Six years after the member's medical discharge
            for members discharged for a medical disability on or
            after the effective date of this paragraph unless
            extended under section 3202 (c)(6).
                (ii)  Six years following the effective date of this
            paragraph for members discharged for a medical disability
            after September 11, 2001, and before the effective date
            of this paragraph unless extended under section 3202
            (c)(6).
        Section 3.  The amendment or addition of 51 Pa.C.S. §§
     3202(a) and (c) and 3206(b) shall apply to grants awarded for
     any course of study commenced on or after May 1, 2006.
        Section 4.  This act shall take effect immediately.

     APPROVED--The 11th day of May, A. D. 2006.

     EDWARD G. RENDELL