Pennsylvania Act 2004-210 — POLICE OFFICER, FIREFIGHTER, CORRECTION EMPLOYEE AND NATIONAL GUARD MEMBER CHILD BENEFICIARY EDUCATION ACT - EXTENDING POSTSECONDARY EDUCATIONAL GRATUITY PROGRAM AND NATIONAL GUARD ELIGIBILITY

Act text

POLICE OFFICER, FIREFIGHTER, CORRECTION EMPLOYEE AND NATIONAL GUARD
     MEMBER CHILD BENEFICIARY EDUCATION ACT - EXTENDING POSTSECONDARY
       EDUCATIONAL GRATUITY PROGRAM AND NATIONAL GUARD ELIGIBILITY
                 Act of Nov. 30, 2004, P.L. 1663, No. 210             Cl. 24
                             Session of 2004
                               No. 2004-210

     SB 931

                                  AN ACT

     Amending the act of December 16, 1998 (P.L.980, No.129),
        entitled "An act providing for a waiver of tuition and other
        fees for children of certain deceased police officers,
        National Guard members, firefighters and correction employees
        at community colleges and State-owned and State-related
        institutions of higher education and for additional powers
        and duties of the Pennsylvania Higher Education Assistance
        Agency and the Department of General Services," extending the
        Postsecondary Educational Gratuity Program to certain
        children of sheriffs and deputy sheriffs; and further
        providing for National Guard eligibility.

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

        Section 1.  Section 3(a), (b) and (d) of 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, are amended to read:
      Section 3.  Postsecondary Educational Gratuity Program.
        (a)  Establishment.--There is hereby established the
     Postsecondary Educational Gratuity Program for children of
     police officers, firefighters, correction employees, sheriffs,
     deputy sheriffs and National Guard members and certain other
     individuals who are on Federal or State active military duty who
     are residents of this Commonwealth who are killed while acting
     in the performance of their duties.
        (b)  Eligibility.--
            (1)  Police officers shall be deemed to have been killed
        in the performance of their duties if death results from job-
        related injuries sustained or inflicted while performing any
        of the following:
                (i)  Answering an emergency call.
                (ii)  Conducting interrogations of crime suspects or
            interrogations pursuant to a response to an emergency
            call.
                (iii)  Conducting vehicle stops for traffic
            violations.
                (iv)  Actively responding to requests for assistance
            from the public.
                (v)  Maintaining order and security at the scene of
            an emergency.
            (2)  Firefighters shall be deemed to have been killed in
        the performance of their duties if death results from job-
        related injuries sustained or inflicted while performing any
        of the following:
                (i)  Being present at the scene of a fire or going to
            and from a fire. In the case of volunteer firefighters,
            going to and from a fire shall include traveling from and
            directly returning to the firefighter's home, place of
            business or other location where the firefighter was when
            the fire call or alarm was received for a fire which the
            firefighter's volunteer fire company attended.
                (ii)  Answering an emergency call.
                (iii)  Maintaining order and security at the scene of
            an emergency.
            (3)  A member of the National Guard shall be deemed to
        have been killed in the performance of his or her duties if
        his or her death results from performance of a duty required
        by his or her orders or commander while in an official duty
        status [other than on Federal active duty] authorized under
        Federal or State law.
            (4)  Correction employees shall be deemed to have been
        killed in the performance of their duties if death results
        from job-related injuries sustained or inflicted while
        maintaining order and security or otherwise carrying out
        their duties at a correctional facility.
            (4.1)  Sheriffs and deputy sheriffs shall be deemed to
        have been killed in the performance of their duties if death
        results from job-related injuries sustained or inflicted
        while maintaining order and security or otherwise carrying
        out their duties as a sheriff or deputy sheriff.
            (4.2)  An individual who is on Federal or State active
        military duty who is a resident of this Commonwealth shall be
        deemed to have been killed in the performance of duty if
        death results from performance of a duty required by his or
        her orders or commander while in an official duty status.
            (5)  Notwithstanding the provisions of this section,
        deaths which occur as the direct and proximate result of
        preexisting physical conditions, diseases or illnesses shall
        be excluded from eligibility under this section.
            (6)  Any child of a police officer, firefighter,
        correction employee, sheriff, deputy sheriff or National
        Guard member killed in the performance of his or her duties
        shall be eligible for an educational gratuity provided the
        child is 25 years of age or younger at the time of
        application for participation in this program, meets all
        admission requirements of the community college or State-
        owned or State-related institution to which application is
        made and is enrolled as a full-time student at a community
        college or a State-owned or State-related institution.
            (7)  A child who is 25 years of age or younger at the
        time of the child's application for participation in this
        program and who meets all other eligibility requirements may
        receive an educational gratuity for up to five years provided
        the child otherwise continues to be eligible for
        participation.
        * * *
        (d)  Administration.--
            (1)  Copies of all police officer and firefighter death
        certifications received by the Department of General Services
        under the act of June 24, 1976 (P.L.424, No.101), referred to
        as the Emergency and Law Enforcement Personnel Death Benefits
        Act, shall be provided by the Department of General Services
        to PHEAA within 20 days of their receipt.
            (2)  Written notification of the death of any correction
        employee killed in the performance of his or her duties shall
        be submitted to PHEAA by the Secretary of Corrections within
        20 days of the death of the employee.
            (2.1)  Written notification of the death of any sheriff
        or deputy sheriff killed in the performance of his or her
        duties shall be submitted to PHEAA by the county
        commissioners of the county in which the sheriff was elected
        or deputy sheriff was employed within 20 days of the death of
        the employee.
            (3)  Written notification of the death of any member of
        the National Guard or other individual who is on Federal or
        State active military duty who is a resident of this
        Commonwealth killed in the performance of his or her duties
        shall be submitted to PHEAA by the Adjutant General of the
        Department of Military and Veterans Affairs within 20 days of
        the death of the National Guard member.
            (4)  Applications for an educational gratuity shall be
        submitted to PHEAA by the child or the surviving parent or
        guardian of the child, together with a certified copy of the
        child's birth certificate or adoption record or other
        documentation of birth or adoption acceptable to PHEAA. The
        application shall include a copy of the child's letter of
        acceptance at a community college or a State-owned or State-
        related institution. If no death certification has been
        received from the Department of General Services, Secretary
        of Corrections or Adjutant General of the Department of
        Military and Veterans Affairs, PHEAA may elect to accept
        other documentation certifying that the child's parent was a
        police officer, firefighter, correction employee or National
        Guard member killed during the performance of his or her
        duties.
            (5)  Within 30 days of receipt of a completed
        application, PHEAA shall send written notice to the child and
        the community college or State-owned or State-related
        institution of the child's eligibility or noneligibility for
        participation in this program. If the child is determined not
        to be eligible for an educational gratuity, the notice shall
        include the reason or reasons for such determination and an
        indication that an appeal of PHEAA's determination may be
        made pursuant to 2 Pa.C.S. (relating to administrative law
        and procedure).
            (6)  Upon receipt of notification of the child's
        eligibility from PHEAA, a community college or a State-owned
        or State-related institution is prohibited from charging the
        child or the child's parent or guardian any tuition fee or
        room and board charge. If moneys have been received by the
        community college or the State-owned or State-related
        institution for these purposes, those moneys must be refunded
        in full within 30 days of receipt by the community college or
        the State-owned or State-related institution of the notice of
        the child's eligibility.
            (7)  Each community college or State-owned or State-
        related institution at which an eligible child is enrolled
        shall notify PHEAA upon the child's graduation or when the
        child is no longer enrolled at the community college or
        State-owned or State-related institution.
        Section 2.  This act shall be retroactive to September 11,
     2001.
        Section 3.  This act shall take effect immediately.

     APPROVED--The 30th day of November, A. D. 2004.

     EDWARD G. RENDELL