H1869B3569A05178 VDL:CMD 04/20/20 #90 A05178
AMENDMENTS TO HOUSE BILL NO. 1869
Sponsor: SENATOR MUTH
Printer's No. 3569
Amend Bill, page 1, line 2, by inserting after "Statutes,"
providing for COVID-19 benefits for members of Pennsylvania
National Guard; and,
Amend Bill, page 1, lines 6 and 7, by striking out all of
said lines and inserting
Section 1. Title 35 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 58
COVID-19 BENEFITS FOR MEMBERS OF
PENNSYLVANIA NATIONAL GUARD
Sec.
5801. Scope of chapter.
5802. Benefit.
§ 5801. Scope of chapter.
This chapter relates to COVID-19 benefits for members of the
Pennsylvania National Guard.
§ 5802. Benefit.
(a) Benefit.--Notwithstanding any other provision of law, a
member of the Pennsylvania National Guard shall receive from the
department a benefit computed under subsection (b)(2) if the
member:
(1) is ordered to State Active Duty for Emergency or
Special State Duty by the Adjutant General or by the
Governor; and
(2) sustains an injury while participating in duty under
paragraph (1) from the period of notification to report for
duty until officially released.
(b) Claim submission, calculation and funding.--
(1) A member of the Pennsylvania National Guard who
sustains an injury and is not compensated for the injury by
the Federal Government, must submit a claim to receive the
benefit as prescribed by the Adjutant General.
(2) For purposes of computing the average weekly wage of
a member of the Pennsylvania National Guard or dependent
thereof, weekly wages shall be calculated using the daily
base pay table under Title 37 of the United States Code
(relating to pay and allowances of the uniformed services) to
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determine the Pennsylvania National Guard member's daily wage
at the time of the injury. The average weekly wage shall
equal the member's daily base pay multiplied by five.
(3) A benefit received under this section shall be
limited to 60 days for each incident.
(4) The General Assembly shall appropriate the money
necessary to be deposited into a nonlapsing restricted
interest-bearing account to provide for the benefit
established in subsection (a).
(c) No Commonwealth employee status.--In no event shall any
member of the Pennsylvania National Guard while performing the
activities described in subsection (a) be deemed an employee of
the Commonwealth for any purpose or benefit. Nothing in this
section shall be construed to entitle a member of the
Pennsylvania National Guard to any benefit or emolument provided
to an employee of the Commonwealth.
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Department." The Department of Military and Veterans
Affairs of the Commonwealth.
"Injury." Contracts or is diagnosed with coronavirus disease
2019, known as COVID-19, as identified in the proclamation of
disaster emergency issued by the Governor on March 6, 2020,
published at 50 Pa.B. 1644 (March 21, 2020), or is subject to
quarantine resulting from exposure to COVID-19, and, by reason
of the exposure, is temporarily incapacitated from performing
duties.
"Participating." The term includes activities ordered by the
Adjutant General or by the Governor such as training, an
exercise or related official functions.
"Special State Duty." State military duty by the
Pennsylvania National Guard under this section. The term shall
not include State Active Duty for Emergency under this section
or duty authorized and funded under 10 U.S.C. or 32 U.S.C.
"State Active Duty for Emergency." State military duty by
the Pennsylvania National Guard under 51 Pa.C.S. § 508 (relating
to active duty for emergency) that is not active duty authorized
and funded under 10 U.S.C. (relating to Armed Forces) or 32
U.S.C. (relating to National Guard).
Section 2. Section 8133 of Title 35 is amended by adding a
subsection to read:
Amend Bill, page 2, line 7, by striking out "2" and inserting
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See A05178 in
the context
of HB1869