Pennsylvania Act 2010-9 — MILITARY AND VETERANS CODE (51 PA.C.S.) - MILITARY FAMILY RELIEF ASSISTANCE

Act text

Session of 2010

No. 2010-9

HB 1533

AN ACT

Amending Title 51 (Military Affairs) of the Pennsylvania Consolidated Statutes, further providing for military family relief assistance.

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

Section 1. Section 7319(h) and (j) of Title 51 of the Pennsylvania Consolidated Statutes are amended to read:

§ 7319. Military family relief assistance.

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(h) Expiration.--This section shall expire [five years from the effective date of this section] June 30, 2016 .

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(j) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Eligible relative of an eligible service member." The dependent spouse or dependent child of the eligible service member or, in the case of applicants for financial assistance to visit a hospitalized service member, the service member's spouse, parent, sibling or child. An eligible relative must be a resident of Pennsylvania at the time of application for assistance.

"Eligible service member."

(1) [Either] Any of the following:

(i) A member of the armed forces of the United States or its reserve components , including the Pennsylvania National Guard, who is serving on active duty [or State active duty] other than active duty for training for a period of 30 or more consecutive days.

(ii) A member of the Pennsylvania National Guard serving on State active duty for a period of 30 or more consecutive days.

(iii) A member in good standing of any reserve component of the armed forces of the United States, including the Pennsylvania National Guard, for a period of one year after release from a tour of active duty, other than active duty for training, or State active duty of 30 or more consecutive days' duration when the need for assistance is directly related to the member's performance of active duty or State active duty.

(iv) A former member of the armed forces of the United States or its reserve components, including the Pennsylvania National Guard, for a period of two years after discharge if:

(A) The member was discharged for medical reasons arising out of the member's military service.

(B) The medical disability that resulted in the member's discharge was incurred in the line of duty and was not the result of misconduct.

(C) The medical condition giving rise to the discharge did not exist prior to the member entering military service.

(D) The medical disability was incurred while the member was serving on active duty, other than active duty for training, or State active duty for a period of 30 or more consecutive days.

(E) The former member received an honorable discharge for medical reasons.

(F) The need for assistance is directly related to the former member's military service or the disability incurred as a result of the military service.

(2) An eligible service member must [have been a resident of Pennsylvania when he or she entered military service and must] be a resident of Pennsylvania at the time of the application for assistance.

"Resident of Pennsylvania." Either of the following:

(1) An individual who is domiciled in this Commonwealth. The individual must either physically reside in Pennsylvania or be absent from the State pursuant to military orders. An individual's spouse or dependent who is domiciled in this Commonwealth but who is stationed in another state or country shall qualify under the program as a resident of Pennsylvania so long as the person does not become domiciled in another state.

(2) An individual who qualifies under the definition of "resident individual" in section 301(p) of the Tax Reform Code of 1971.

Section 2. This act shall take effect in 60 days.

APPROVED--The 16th day of March, A.D. 2010.

EDWARD G. RENDELL