PRINTER'S NO. 1357
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1046
Session of
2015
INTRODUCED BY VULAKOVICH, COSTA, BAKER, BREWSTER, FONTANA,
RAFFERTY, SABATINA AND YUDICHAK, OCTOBER 23, 2015
REFERRED TO VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS,
OCTOBER 23, 2015
AN ACT
Amending Title 51 (Military Affairs) of the Pennsylvania
Consolidated Statutes, in Pennsylvania National Guard,
further providing for retired Pennsylvania National Guard
personnel.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2313 of Title 51 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 2313. Retired Pennsylvania National Guard personnel.
(a) Promotions.--Every former officer, warrant officer or
enlisted person [shall, upon application to the Adjutant General
after his or her retirement,] may be promoted to the next higher
grade [in] on the Pennsylvania National Guard retired list above
that presently held in a grade Federally recognized upon
application and recommendation of the next higher level within
the eligible retiree's chain of command if the applicant:
(1) has served a total of 25 years in the armed forces
of the United States or its components, [ten] 10 years of
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which includes service in the Pennsylvania National Guard
with active Federal service counting as double time. The 25
years service shall be such as would be credited for
retirement of National Guard and Reserve personnel; or
(2) has attained the grade of major general in the
Pennsylvania National Guard and has been Federally recognized
in such grade; or
(3) has served honorably and with distinction in the
Pennsylvania Army National Guard, Pennsylvania Air National
Guard or both for a period of 25 or more years and who has
served in his highest grade for at least one year.
Promotion to general officer on the retired list shall not
require the consent of the Senate.
(a.1) Approval process.--A retiree's application for
promotion shall be reviewed and approved in accordance with
applicable regulations. The Adjutant General retains final
approval authority.
(b) Computation of period of service.--In considering the
period of service under this section, [the military service of
personnel in the Pennsylvania National Guard engaged in the
service of the United States or active service in the armed
forces of the United States shall be included and counted double
in calculating the period of service for retirement with
increased grade under provisions of this section.] the following
applies to calculation of deployment periods:
(1) For Pennsylvania National Guard service members
deployed outside of the continental United States pursuant to
10 U.S.C. (relating to armed forces), time is doubled for
this specific period of service.
(2) Pennsylvania National Guard service that counts as
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double time under paragraph (1) may only be calculated for
and applied in the determination of the required years of
service in the Pennsylvania National Guard under subsection
(a)(1).
(c) Wearing uniform following retirement.--All retired
officers and enlisted personnel [shall be] are only entitled to
wear the uniform and rank insignia of their Federally recognized
grade [as retired officers and enlisted personnel of the
Pennsylvania National Guard] on all proper military and semi-
military occasions [within this Commonwealth] in accordance with
all applicable military uniform regulations.
(d) Applicability of section.--The provisions of retirement
with increased rank shall be applicable when applied to officers
retired prior to the effective date of this section and the
provisions of this section shall apply to deceased officers on
the retired list upon proper application to the Adjutant General
by some duly recognized veterans' organization.
Section 2. The Adjutant General shall promulgate rules and
regulations to administer and enforce the amendment of 51
Pa.C.S. § 2313.
Section 3. This act shall take effect in 60 days.
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