PRINTER'S NO. 101
No. 119 Session of 1999
INTRODUCED BY CAPPABIANCA, TIGUE, THOMAS, LAUGHLIN, LEDERER,
BEBKO-JONES, M. COHEN, GRUCELA, WOJNAROSKI, PESCI, SEYFERT,
READSHAW, SAINATO, SCRIMENTI, McCALL, CORRIGAN, TRELLO,
STABACK, E. Z. TAYLOR, MYERS, MELIO, HARHAI, MICHLOVIC,
PISTELLA, DeLUCA, JAMES, FREEMAN, GIGLIOTTI, COLAFELLA AND
SURRA, JANUARY 25, 1999
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, JANUARY 25, 1999
AN ACT
1 Amending the act of December 29, 1998 (P.L. , No.129), entitled
2 "An act providing for a waiver of tuition and other fees for
3 children of certain deceased police officers, National Guard
4 members, firefighters and correction employees at community
5 colleges and State-owned and State-related institutions of
6 higher education and for additional powers and duties of the
7 Pennsylvania Higher Education Assistance Agency and the
8 Department of General Services," enlarging the scope of the
9 act; and further providing for the short title, for
10 definitions and for the postsecondary educational gratuity
11 program.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. The title and sections 1, 2, 3 and 8 of the act
15 of December 16, 1998 (P.L. , No.129), known as the Police
16 Officer, Firefighter, Correction Employee and National Guard
17 Member Child Beneficiary Education Act, are amended to read:
18 AN ACT
19 Providing for a waiver of tuition and other fees for children of
1 certain deceased police officers, National Guard members,
2 firefighters and correction and school employees at community
3 colleges and State-owned and State-related institutions of
4 higher education and for additional powers and duties of the
5 Pennsylvania Higher Education Assistance Agency and the
6 Department of General Services.
7 Section 1. Short title.
8 This act shall be known and may be cited as the Police
9 Officer, Firefighter, Correction Employee, School Employee and
10 National Guard Member Child Beneficiary Education Act.
11 Section 2. Definitions.
12 The following words and phrases when used in this act shall
13 have the meanings given to them in this section unless the
14 context clearly indicates otherwise:
15 "Act of violence." An intentional act of aggression directed
16 at an individual.
17 "Associate degree." An undergraduate degree awarded by a
18 community college, a State-related institution or a State-owned
19 institution.
20 "Baccalaureate degree." An undergraduate degree awarded by a
21 State-owned or State-related institution.
22 "Child" or "children." A resident of this Commonwealth who
23 is the child by birth or adoption of a deceased police officer,
24 firefighter, correction employee, school employee or National
25 Guard member killed in the performance of his or her duties.
26 "Community college." A public college or technical institute
27 which is established and operated under Article XIX-A of the act
28 of March 10, 1949 (P.L.30, No.14), known as the Public School
29 Code of 1949, and all branches or campuses of a community
30 college.
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1 "Correction employee." An individual employed on a full-time
2 basis at a State or county correctional facility who has care,
3 custody and control of inmates.
4 "Educational gratuity." The waiver by a community college or
5 a State-owned or State-related institution of tuition, fees and
6 room and board charges for an eligible child.
7 "Firefighter." An individual employed in that capacity on a
8 full-time basis by a municipality or a member of a volunteer
9 fire company of this Commonwealth. The term includes members of
10 a rescue squad or ambulance service as defined in the act of
11 June 24, 1976 (P.L.424, No.101), referred to as the Emergency
12 and Law Enforcement Personnel Death Benefits Act.
13 "Member of the National Guard." A person who is an active
14 member in good standing in the Pennsylvania National Guard.
15 "Municipality." A county, city, borough, incorporated town
16 or township, regardless of form of government.
17 "Pennsylvania Higher Education Assistance Agency" or "PHEAA."
18 The Pennsylvania Higher Education Assistance Agency created by
19 the act of August 7, 1963 (P.L.549, No.290), referred to as the
20 Pennsylvania Higher Education Assistance Agency Act.
21 "Police officer." An individual employed on a full-time or
22 part-time basis by the Commonwealth as a member of the
23 Pennsylvania State Police Force or an individual employed on a
24 full-time or part-time basis as a police officer by a
25 municipality of this Commonwealth.
26 "Program." The Postsecondary Educational Gratuity Program
27 created by this act.
28 "Room and board charge." The amount charged by a community
29 college or a State-owned or State-related institution for
30 provision of lodging and meals to students enrolled at the
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1 community college or State-owned or State-related institution.
2 "School employee." An individual employed by a public,
3 private or parochial school.
4 "State-owned institution." An institution which is part of
5 the State System of Higher Education under Article XX-A of the
6 act of March 10, 1949 (P.L.30, No.14), known as the Public
7 School Code of 1949, and all branches and campuses of a State-
8 owned institution.
9 "State-related institution." The Pennsylvania State
10 University, the University of Pittsburgh, Temple University, the
11 Pennsylvania College of Technology and Lincoln University.
12 "Total institution charges." Tuition and fees plus room and
13 board charges.
14 "Tuition and fees." The instructional charge and any other
15 fee established by the governing board of a community college
16 for Commonwealth residents attending the community college or
17 the instructional fee established by the Board of Governors of
18 the State System of Higher Education for Commonwealth residents
19 attending State-owned institutions. The term includes tuition
20 and fees set by the respective governing bodies of the State-
21 related institutions.
22 "Volunteer fire company." A nonprofit chartered corporation,
23 association or organization located in this Commonwealth which
24 provides fire protection services within this Commonwealth.
25 Section 3. Postsecondary Educational Gratuity Program.
26 (a) Establishment.--There is hereby established the
27 Postsecondary Educational Gratuity Program for children of
28 police officers, firefighters, correction employees, school
29 employees and National Guard members of this Commonwealth who
30 are killed while acting in the performance of their duties.
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1 (b) Eligibility.--
2 (1) Police officers shall be deemed to have been killed
3 in the performance of their duties if death results from job-
4 related injuries sustained or inflicted while performing any
5 of the following:
6 (i) Answering an emergency call.
7 (ii) Conducting interrogations of crime suspects or
8 interrogations pursuant to a response to an emergency
9 call.
10 (iii) Conducting vehicle stops for traffic
11 violations.
12 (iv) Actively responding to requests for assistance
13 from the public.
14 (v) Maintaining order and security at the scene of
15 an emergency.
16 (2) Firefighters shall be deemed to have been killed in
17 the performance of their duties if death results from job-
18 related injuries sustained or inflicted while performing any
19 of the following:
20 (i) Being present at the scene of a fire or going to
21 and from a fire. In the case of volunteer firefighters,
22 "going to and from a fire" shall include traveling from
23 and directly returning to the firefighter's home, place
24 of business or other location where the firefighter was
25 when the fire call or alarm was received for a fire which
26 the firefighter's volunteer fire company attended.
27 (ii) Answering an emergency call.
28 (iii) Maintaining order and security at the scene of
29 an emergency.
30 (3) A member of the National Guard shall be deemed to
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1 have been killed in the performance of his or her duties if
2 his or her death results from performance of a duty required
3 by his or her orders or commander while in an official duty
4 status other than on Federal active duty.
5 (4) Correction employees shall be deemed to have been
6 killed in the performance of their duties if death results
7 from job-related injuries sustained or inflicted while
8 maintaining order and security or otherwise carrying out
9 their duties at a correctional facility.
10 (4.1) A school employee shall be deemed to have been
11 killed in the performance of the employee's duties if any of
12 the following apply:
13 (i) Death results from an act of violence which
14 occurs on the premises of the school at which the victim
15 is employed.
16 (ii) If the school employee is a teacher or
17 administrator, death occurs as a result of violence
18 perpetrated by or on behalf of a student in the school at
19 which the victim is employed.
20 (5) Notwithstanding the provisions of this section,
21 deaths which occur as the direct and proximate result of
22 preexisting physical conditions, diseases or illnesses shall
23 be excluded from eligibility under this section.
24 (6) Any child of a police officer, firefighter,
25 correction employee, school employee or National Guard member
26 killed in the performance of his or her duties shall be
27 eligible for an educational gratuity, provided the child is
28 25 years of age or younger at the time of application for
29 participation in this program, meets all admission
30 requirements of the community college or State-owned or
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1 State-related institution to which application is made and is
2 enrolled as a full-time student at a community college or a
3 State-owned or State-related institution.
4 (7) A child who is 25 years of age or younger at the
5 time of the child's application for participation in this
6 program and who meets all other eligibility requirements may
7 receive an educational gratuity for up to five years provided
8 the child otherwise continues to be eligible for
9 participation.
10 (c) Scope of benefit.--
11 (1) The benefit available under this section shall be
12 provided only for full-time students who are pursuing
13 undergraduate studies leading to an associate degree or a
14 baccalaureate degree.
15 (2) A child becomes eligible for this benefit after he
16 or she has applied for available scholarships and Federal and
17 State grants to cover tuition and room and board costs. The
18 child must provide a record of application for such financial
19 aid to the community college or State-owned or State-related
20 institution to which he or she is applying.
21 (3) A community college or a State-owned or State-
22 related institution shall waive all remaining tuition and
23 room and board charges (total tuition, room and board and
24 fees minus awarded scholarships and Federal and State grants)
25 for an eligible child during the time the child is enrolled
26 as a full-time student, provided the child meets all
27 requirements for admission to the community college or State-
28 owned or State-related institution and during the child's
29 enrollment complies with all requirements of the institution
30 for continued attendance and award of an associate degree or
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1 a baccalaureate degree.
2 (d) Administration.--
3 (1) Copies of all police officer and firefighter death
4 certifications received by the Department of General Services
5 under the act of June 24, 1976 (P.L.424, No.101), referred to
6 as the Emergency and Law Enforcement Personnel Death Benefits
7 Act, shall be provided by the Department of General Services
8 to PHEAA within 20 days of their receipt.
9 (2) Written notification of the death of any correction
10 employee killed in the performance of his or her duties shall
11 be submitted to PHEAA by the Secretary of Corrections within
12 20 days of the death of the employee.
13 (2.1) Written notification of the death of a school
14 employee killed in the performance of the employee's duties
15 shall be submitted to PHEAA by the appropriate board of
16 school directors within 20 days of the death of the employee.
17 (3) Written notification of the death of any member of
18 the National Guard killed in the performance of his or her
19 duties shall be submitted to PHEAA by the Adjutant General of
20 the Department of Military and Veterans Affairs within 20
21 days of the death of the National Guard member.
22 (4) Applications for an educational gratuity shall be
23 submitted to PHEAA by the child or the surviving parent or
24 guardian of the child, together with a certified copy of the
25 child's birth certificate or adoption record or other
26 documentation of birth or adoption acceptable to PHEAA. The
27 application shall include a copy of the child's letter of
28 acceptance at a community college or a State-owned or State-
29 related institution. If no death certification has been
30 received from the Department of General Services, Secretary
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1 of Corrections or Adjutant General of the Department of
2 Military and Veterans Affairs, PHEAA may elect to accept
3 other documentation certifying that the child's parent was a
4 police officer, firefighter, correction employee, school
5 employee or National Guard member killed during the
6 performance of his or her duties.
7 (5) Within 30 days of receipt of a completed
8 application, PHEAA shall send written notice to the child and
9 the community college or State-owned or State-related
10 institution of the child's eligibility or noneligibility for
11 participation in this program. If the child is determined not
12 to be eligible for an educational gratuity, the notice shall
13 include the reason or reasons for such determination and an
14 indication that an appeal of PHEAA's determination may be
15 made pursuant to 2 Pa.C.S. (relating to administrative law
16 and procedure).
17 (6) Upon receipt of notification of the child's
18 eligibility from PHEAA, a community college or a State-owned
19 or State-related institution is prohibited from charging the
20 child or the child's parent or guardian any tuition fee or
21 room and board charge. If moneys have been received by the
22 community college or the State-owned or State-related
23 institution for these purposes, those moneys must be refunded
24 in full within 30 days of receipt by the community college or
25 the State-owned or State-related institution of the notice of
26 the child's eligibility.
27 (7) Each community college or State-owned or State-
28 related institution at which an eligible child is enrolled
29 shall notify PHEAA upon the child's graduation or when the
30 child is no longer enrolled at the community college or
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1 State-owned or State-related institution.
2 Section 8. Retroactivity.
3 This act shall be retroactive to January 1, 1976, and the
4 benefit provided shall be available to qualified children of
5 police officers, firefighters, correction employees, school
6 employees and National Guard members of this Commonwealth killed
7 in the performance of their duties since that date. No community
8 college, State-owned or State-related institution shall
9 reimburse qualified children for tuition and fees or room and
10 board charges paid between January 1, 1976, and the effective
11 date of this act.
12 Section 2. This act shall take effect in 60 days.
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