SENATE AMENDED
PRIOR PRINTER'S NOS. 362, 2343, 2553 PRINTER'S NO. 3901
No. 340 Session of 1979
INTRODUCED BY MESSRS. SCHEAFFER, DeMEDIO, MANMILLER, FEE, D. R.
WRIGHT, COCHRAN, DeWEESE, ZELLER, GRIECO, ZITTERMAN, WARGO,
LEVI, SPITZ, DOMBROWSKI, BOWSER, DIETZ, DURHAM, CIMINI,
E. G. JOHNSON, R. R. FISCHER, PYLES, CUNNINGHAM, SIEMINSKI,
TELEK, MRKONIC, COLE, NOVAK, BENNETT, CHESS AND J. F. JONES,
FEBRUARY 20, 1979
SENATOR SMITH, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, SEPTEMBER 22, 1980
AN ACT
1 Amending Title 51 (Military Affairs) of the Pennsylvania
2 Consolidated Statutes, providing for pensions and tuition
3 credits for deceased soldier's dependents.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 3502 of Title 51, act of November 25,
7 1970 (P.L.707, No.230), known as the Pennsylvania Consolidated
8 Statutes, is amended and a section is added to read:
9 § 3502. Deceased soldier's dependents' pension.
10 (a) Amount and persons entitled.--A pension may be paid to
11 either the widow or widower or minor children or dependent
12 parent of any member of the Pennsylvania National Guard, who may
13 die from injuries received, or who may be killed while in active
14 service, under orders of the Governor, which active service
15 shall include participation in armory assemblies or
1 participation in aerial flights incidental to training. Such
2 pension shall be computed on the following basis and distributed
3 to the following persons monthly:
4 (1) To each minor child, if there is no widow or widower
5 entitled to compensation, [$50] $75, with [$25] $50 for each
6 child in excess of two, with a maximum of [$150] $200 to be
7 paid to their guardian.
8 (2) To the widow or widower, if there are no children,
9 [$50] $100.
10 (3) To the widow or widower, if there is one child,
11 [$75] $150.
12 (4) To the widow or widower, if there are two children,
13 [$100] $200 .
14 (5) To the widow or widower, if there are three
15 children, [$125] $250.
16 (6) To the widow or widower, if there are four or more
17 children, [$150] $300.
18 (7) To the father and mother, if there is no widow,
19 widower, or children, if dependent to any extent upon the
20 member for support at the time of his death, [$50] $100.
21 (b) Workmen's compensation.--Such pension shall be in
22 addition to any relief in the form of compensation determined
23 under the Workmen's Compensation Law of Pennsylvania as
24 authorized by section 3501 (relating to relief for disability
25 incurred in active State service).
26 (c) Claims.--All claims for pension under this section shall
27 be made to the department, which shall establish rules governing
28 the filing of such claims. The department shall investigate all
29 circumstances connected with the death of the person and make a
30 recommendation to the Adjutant General as to the granting of a
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1 pension. If a pension is granted, it shall be paid [quarterly] <--
2 MONTHLY in the manner provided by law. <--
3 (d) Term and removal.--No pension granted under this section
4 shall be granted for a longer period than [five] ten years; but
5 [may be renewed, for a further period of five years, upon
6 satisfactory evidence of the dependency of the pensioner being
7 submitted or obtained by the department] in the case of minor
8 children of a deceased member, the pension shall be paid until
9 the minor child reaches 18 years of age.
10 (e) Revocation.--The department shall have power to revoke
11 any pension granted under this section when it shall be shown to
12 the satisfaction of the department that the pensioner is no
13 longer in a state of dependency.
14 (f) Exemption.--The provisions of this section shall not
15 apply to any member of the Pennsylvania National Guard while in
16 the service of the United States, in case of war, or under the
17 orders of the President of the United States.
18 (g) Appropriation.--The necessary appropriation to pay any
19 pensions granted under this section shall, at each regular
20 session of the General Assembly, be included in the items
21 pertaining to the department, in the act of Assembly providing
22 for the ordinary expenses of the Executive, Judicial, and
23 Legislative Departments of the Commonwealth.
24 § 3503. Tuition credit for children of deceased soldiers.
25 (a) General rule.--The children of members of the
26 Pennsylvania National Guard who were killed or die as a result
27 of injuries received while in State active duty shall be
28 entitled to a 50% tuition credit at all Pennsylvania State-owned
29 colleges or universities or approved trade schools in this
30 Commonwealth for a period not exceeding eight semesters or four
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1 years, whichever is greater.
2 (b) Department to administer program.--The department shall
3 adopt rules and regulations to carry out the provisions of this
4 section and shall administer the tuition credit program
5 established under this section.
6 Section 2. This act shall take effect immediately and shall
7 apply to the fiscal year commencing July 1, 1979 and each fiscal
8 year thereafter.
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