Pennsylvania Act 2006-105 — MILITARY AND VETERANS CODE (51 PA.C.S.) - ASSOCIATION GROUP LIFE INSURANCE FOR PENNSYLVANIA NATIONAL GUARD AND TUITION COSTS AND FEES FOR CHILDREN AND SPOUSES OF DECEASED SOLDIERS

Act text

MILITARY AND VETERANS CODE (51 PA.C.S.) - ASSOCIATION GROUP LIFE
 INSURANCE FOR PENNSYLVANIA NATIONAL GUARD AND TUITION COSTS AND FEES FOR
                CHILDREN AND SPOUSES OF DECEASED SOLDIERS
                 Act of Jul. 7, 2006, P.L. 1046, No. 105              Cl. 51
                             Session of 2006
                               No. 2006-105

     SB 1043

                                  AN ACT

     Amending Title 51 (Military Affairs) of the Pennsylvania
        Consolidated Statutes, further providing for association
        group life insurance for Pennsylvania National Guard and for
        tuition costs and fees for children and spouses of deceased
        soldiers.

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

        Section 1.  Sections 3105 and 3503 of Title 51 of the
     Pennsylvania Consolidated Statutes are amended to read:
      § 3105.  Association group life insurance for Pennsylvania
                National Guard.
        (a)  Voluntary participation for group life insurance.--The
     Adjutant General may approve issuance of group life insurance to
     nonprofit membership associations for members of the
     Pennsylvania National Guard, subject to the following
     requirements:
            (1)  The members eligible for insurance under the policy
        shall all be members of the Pennsylvania National Guard or
        their spouses or dependents. A member of the Pennsylvania
        National Guard who becomes insured under this program while a
        member may continue the insurance, including group term life
        insurance, after discharge or retirement from the
        Pennsylvania National Guard.
            (2)  The premium for the policy shall be paid by the
        individual members of the Pennsylvania National Guard or
        their spouses or dependents who elect to participate in the
        insurance plan either by direct payment or by allotment from
        military pay. An individual family member may insure his
        spouse or dependent without their signature or approval.
            (3)  The policy must cover at least 25 members of the
        Pennsylvania National Guard at the time of issue.
            (4)  The amounts of insurance under the policy must not
        exceed [$100,000] $400,000 per individual insured member and
        [$25,000] $100,000 per insured spouse or dependent.
            (5)  Participation in the insurance plan must be
        voluntary.
            (6)  Except as otherwise provided by this section, the
        policy or policies must comply with the provisions of the act
        of May 11, 1949 (P.L.1210, No.367), referred to as the Group
        Life Insurance Policy Law, and be approved by the Insurance
        Commissioner and the Adjutant General.
            (7)  The same policy can be made available to any
        Pennsylvania resident who is a member of a reserve component
        of the armed forces.
        (b)  Group life insurance for eligible members.--The Adjutant
     General shall approve issuance of group life insurance to
     nonprofit membership associations for eligible members of the
     Pennsylvania National Guard, subject to the following:
            (1)  For eligible members of the Pennsylvania National
        Guard, the Commonwealth shall pay premiums not otherwise paid
        by the Federal Government so that eligible members have life
        insurance coverage equal to the maximum available
        Servicemembers' Group Life Insurance coverage. Premium
        payments may take one of the following forms:
                (i)  Purchase of coverage under subsection (a) in an
            amount equal to the difference between:
                    (A)  the maximum coverage under the Federal
                Servicemembers' Group Life Insurance program; and
                    (B)  the amount of Servicemembers' Group Life
                Insurance coverage paid by the Federal Government.
                (ii)  Payment or reimbursement of the difference in
            premiums to the eligible members of the Pennsylvania
            National Guard.
            (2)  In the case of an eligible member of the
        Pennsylvania National Guard who was killed in the line of
        duty after September 11, 2001, and before the effective date
        of this subsection, the Commonwealth shall pay the designated
        beneficiary of the member or, if none, the member's next of
        kin an amount equal to the greater of the premiums paid for
        Servicemembers' Group Life Insurance coverage for the period
        the eligible member was deployed or, if the member did not
        elect the maximum coverage, the difference between the
        maximum coverage in effect at the time the eligible member
        was killed and the amount of coverage elected by the member.
            (3)  The department shall promulgate regulations for the
        administration of this subsection.
        (c)  Definition.--As used in this section, the term "eligible
     member of the Pennsylvania National Guard" shall mean:
            (1)  members of the Pennsylvania National Guard ordered
        to active Federal service for a period of 30 or more
        consecutive days while preparing to deploy, deployed and
        demobilizing from deployment, to areas or operations
        designated by the Secretary of Defense as "zones of combat"
        or "combat operations"; and
            (2)  members of the Pennsylvania National Guard ordered
        to active State duty for emergencies under section 508
        (relating to active duty for emergency) or 35 Pa.C.S. § 7601
        (relating to compact enacted) for a period of 30 or more
        consecutive days.
      § 3503.  Tuition [credit] waiver for children and spouses of
                deceased soldiers.
        (a)  [General rule] Children.--The children of members of the
     Pennsylvania National Guard who were killed or die as a result
     of injuries received while [in State active duty] performing
     duty in an official duty status authorized under Federal or
     State law shall be entitled to a [50% tuition credit] waiver of
     all tuition costs and fees remaining after receipt of other
     scholarships and education benefits and Federal and State
     grants, including, but not limited to, educational gratuities
     for which the children are or may be eligible under the act of
     December 16, 1998 (P.L.980, No.129), known as the Police
     Officer, Firefighter, Correction Employee and National Guard
     Member Child Beneficiary Education Act, at all Pennsylvania
     State-owned colleges or universities [or], approved trade
     schools, State-related institutions of higher learning or
     community colleges in this Commonwealth for a period not
     exceeding eight semesters or four years, whichever is greater.
     In order to be eligible for waiver of tuition and fees under
     this section, the member of the Pennsylvania National Guard must
     have been a bona fide resident of Pennsylvania at the time of
     his death, and the member's children must be bona fide residents
     of Pennsylvania, eligible for resident tuition at the
     institution to which they have applied, at the time they apply
     for the tuition and fee waiver.
        (a.1)  Spouses.--The spouse of a member of the Pennsylvania
     National Guard who was killed or dies as a result of injuries
     received while performing duty in an official duty status
     authorized under Federal or State law shall be entitled to a
     waiver of all tuition costs and fees remaining after receipt of
     other scholarships and education benefits and Federal and State
     grants at any Pennsylvania State-owned college or university,
     approved trade school, State-related institution of higher
     learning or community college in this Commonwealth for a period
     not exceeding eight semesters or four years, whichever is
     greater. A spouse shall be eligible for a waiver of all tuition
     costs and fees remaining after receipt of other scholarships and
     education benefits and Federal and State grants under this
     subsection for a period not to exceed ten years from the date
     the member is killed or dies as a result of injuries while in
     Federal or State active duty or until the spouse remarries,
     whichever occurs first. In order to be eligible for waiver of
     tuition and fees under this section, the member of the
     Pennsylvania National Guard must have been a bona fide resident
     of Pennsylvania at the time of his death, and the member's
     spouse must be a bona fide resident of Pennsylvania, eligible
     for resident tuition at the institution to which the spouse has
     applied, at the time the spouse applies for the tuition and fee
     waiver.
        (b)  Department to administer program.--The department shall
     adopt rules and regulations to carry out the provisions of this
     section and shall administer the tuition [credit] cost and fee
     waiver program established under this section.
        Section 2.  This act shall take effect in 60 days.

     APPROVED--The 7th day of July, A. D. 2006.

     EDWARD G. RENDELL