1Amending the act of December 16, 1998 (P.L.980, No.129),
2entitled "An act providing for a waiver of tuition and other
3fees for children of certain deceased police officers,
4National Guard members, firefighters and correction employees
5at community colleges and State-owned and State-related
6institutions of higher education and for additional powers
7and duties of the Pennsylvania Higher Education Assistance
8Agency and the Department of General Services," further
9providing for Postsecondary Educational Gratuity Program.

10The General Assembly of the Commonwealth of Pennsylvania
11hereby enacts as follows:

12Section 1. Section 3(a), (b)(3) and (d)(3) of the act of
13December 16, 1998 (P.L.980, No.129), known as the Police
14Officer, Firefighter, Correction Employee and National Guard
15Member Child Beneficiary Education Act, amended November 30,
162004 (P.L.1663, No.210), are amended to read:

17Section 3. Postsecondary Educational Gratuity Program.

18(a) Establishment.--There is hereby established the
19Postsecondary Educational Gratuity Program for children of

1police officers, firefighters, correction employees, sheriffs,
2deputy sheriffs [and National Guard members], and certain other
3individuals who are on Federal or State active military duty who
4are residents of this Commonwealth who are killed while acting
5in the performance of their duties, and National Guard members 
6who are on Federal or State active military duty who are killed 
7while acting in the performance of their duties, regardless of 
8whether the members are residents of this Commonwealth at the 
9time of their deaths.

10(b) Eligibility.--

11* * *

12(3) [A] Notwithstanding paragraph (4.2), a member of the
13National Guard shall be deemed to have been killed in the
14performance of his or her duties if his or her death results
15from performance of a duty required by his or her orders or
16commander while in an official duty status authorized under
17Federal or State law, regardless of whether he or she is a 
18resident of this Commonwealth at the time of the member's 
19death.

20* * *

21(d) Administration.--

22* * *

23(3) Written notification of the death of any member of
24the National Guard, regardless of whether he or she is a 
25resident of this Commonwealth at the time of the member's 
26death, or other individual who is on Federal or State active
27military duty who is a resident of this Commonwealth killed
28in the performance of his or her duties shall be submitted to
29PHEAA by the Adjutant General of the Department of Military
30and Veterans Affairs within 20 days of the death of the

1National Guard member or other individual.

2* * *

3Section 2. The amendment of section 3(a), (b)(3) and (d)(3)
4of the act shall be retroactive to September 11, 2001.

5Section 3. This act shall take effect immediately.