Pennsylvania Act 2005-83 — MILITARY AND VETERANS CODE (51 PA.C.S.) - HEALTH INSURANCE BENEFITS EXTENDED FOR CERTAIN MILITARY PERSONNEL DEPLOYED WHILE FULL-TIME STUDENTS

Act text

MILITARY AND VETERANS CODE (51 PA.C.S.) - HEALTH INSURANCE BENEFITS
EXTENDED FOR CERTAIN MILITARY PERSONNEL DEPLOYED WHILE FULL-TIME STUDENTS
                  Act of Dec. 22, 2005, P.L. 443, No. 83              Cl. 51
                             Session of 2005
                               No. 2005-83

     SB 869

                                  AN ACT

     Amending Title 51 (Military Affairs) of the Pennsylvania
        Consolidated Statutes, providing for extension of health
        insurance benefits for certain military personnel who were
        full-time students at time of deployment.

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

        Section 1.  Section 7309 of Title 51 of the Pennsylvania
     Consolidated Statutes is amended to read:
      § 7309.  Employment discrimination for military membership or
                duty.
        (a)  General rule.--It is unlawful for the Commonwealth or
     any of its departments, boards, commissions, agencies or any
     political subdivision, or for any private employer, to refuse to
     hire or employ any individual not on extended active duty
     because of his membership in the National Guard or any one of
     the other reserve components of the armed forces of the United
     States, or because he is called or ordered to active State duty
     or special State duty by the Governor during an emergency or as
     otherwise authorized by law, or because he is called or ordered
     to active duty by the Federal Government under provisions of 10
     U.S.C. (relating to armed forces) or 32 U.S.C. (relating to
     National Guard), or to discharge from employment such
     individual, or to otherwise discriminate against such individual
     with respect to compensation, hire, tenure, terms, conditions or
     privileges of employment because of such membership, or because
     he is called or ordered to active State duty by the Governor
     during an emergency or because he is called or ordered to other
     military duty authorized by law.
        (b)  Reemployment following emergency or other military
     duty.--Upon the completion of such emergency or other military
     duty any such member of the Pennsylvania National Guard or any
     other reserve component of the armed forces of the United States
     shall be restored by such public or private employer or his
     successor in interest to such position or to a position of like
     seniority, status and pay which such member held prior to such
     emergency or other military duty, but if any such member is not
     qualified to perform the duties of such position by reason of
     disability sustained during such emergency or other military
     duty but qualified to perform the duties of any other position
     in the employ of such private employer or his successor in
     interest, such member shall be restored to such other position,
     the duties of which he is qualified to perform, as will provide
     him like seniority, status and pay, or the nearest approximation
     thereof consistent with the circumstances of the case, unless
     such public or private employer's or his successor in interests,
     circumstances have so changed as to make it impossible or
     unreasonable to do so.
        (c)  Extension of benefits during military duty.--Whenever a
     member of the Pennsylvania National Guard is called or ordered
     into active Federal service or active State duty under orders
     authorized by law or a member of any reserve component is called
     or ordered onto active duty, other than active duty for
     training, the public or private employer of the member shall, at
     no cost to the member, continue health insurance and other
     benefits in effect for at least the first 30 days of the
     military duty. After the expiration of the first 30 days, the
     public or private employer shall give the member of the National
     Guard or other reserve component the voluntary option of
     continuing such health insurance and other benefits in effect at
     his own expense by paying for the insurance or benefits at the
     same rates paid by the employer, and the insurance coverage
     shall continue, except for injuries incurred in the line of
     military duty.
        (d)  Termination of certain health insurance benefits.--
            (1)  As used in this subsection, the term "eligible
        member" applies to full-time students who are eligible for
        health insurance coverage under their parents' health
        insurance policies when the students are:
                (i)  members of the Pennsylvania National Guard or
            any reserve component of the armed forces of the United
            States who are called or ordered to active duty, other
            than active duty for training, for a period of 30 or more
            consecutive days; or
                (ii)  members of the Pennsylvania National Guard
            ordered to active State duty, including duty under 35
            Pa.C.S. Ch. 76 (relating to Emergency Management
            Assistance Compact), for a period of 30 or more
            consecutive days.
            (2)  As used in this subsection, the term "full-time
        student" shall have the same meaning set forth in Chapter 32
        (relating to Educational Assistance Program).
            (3)  The eligibility for health insurance coverage under
        a parent's health insurance policy for eligible members as
        defined in paragraph (1) shall be extended for a period equal
        to the duration of the eligible member's service on active
        duty or active State duty or until the eligible member is no
        longer a full-time student. The eligibility of an eligible
        member who is a full-time student for health insurance
        coverage under a parent's policy shall not terminate because
        of the age of the eligible member when the member's
        educational program was interrupted because of military duty.
            (4)  In order to qualify for this extension, the eligible
        member must:
                (i)  Submit a form approved by the Department of
            Military and Veterans Affairs notifying the insurer that
            the eligible member has been placed on active duty.
                (ii)  Submit a form approved by the Department of
            Military and Veterans Affairs notifying the insurer that
            the eligible member is no longer on active duty.
                (iii)  Submit a form approved by the Department of
            Military and Veterans Affairs showing that the student
            has reenrolled as a full-time student for the first term
            or semester starting 60 or more days after his or her
            release from active duty. (5)  The provisions of this
            subsection shall not
        apply to a health insurance policy that has been terminated.
        (e)  Definitions.--As used in this section, the following
        words and phrases shall have the meanings given to them in
        this subsection:
        "Health insurance policy."  An individual or group health,
     sickness or accident policy or subscriber contract or
     certificate issued by an entity subject to any one of the
     following:
            (1)  The act of May 17, 1921 (P.L.682, No.284), known as
        The Insurance Company Law of 1921.
            (2)  The act of December 29, 1972 (P.L.1701, No.364),
        known as the Health Maintenance Organization Act.
            (3)  The act of May 18, 1976 (P.L.123, No.54), known as
        the Individual Accident and Sickness Insurance Minimum
        Standards Act.
            (4)  40 Pa.C.S. Ch. 61 (relating to hospital plan
        corporations) or 63 (relating to professional health services
        plan corporations).
        Section 2.  This act shall take effect in 60 days.

     APPROVED--The 22nd day of December, A. D. 2005.

     EDWARD G. RENDELL