PRINTER'S NO. 323
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY HUTCHINSON, ROBBINS, KASUNIC, BREWSTER, FONTANA, YUDICHAK, ERICKSON, ALLOWAY, MENSCH, BAKER, VULAKOVICH, RAFFERTY, WHITE, VOGEL, GREENLEAF, SOLOBAY, WAUGH, COSTA, BROWNE AND TARTAGLIONE, FEBRUARY 1, 2013
REFERRED TO VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, FEBRUARY 1, 2013
1Amending Title 51 (Military Affairs) of the Pennsylvania
2Consolidated Statutes, providing for retention incentives for
3medical resident physicians of the Pennsylvania National
4Guard; conferring powers and duties on the Adjutant General
5and Department of Military and Veterans Affairs; and making
13[EDUCATIONAL ASSISTANCE PROGRAM]
14MILITARY EDUCATIONAL PROGRAMS
16EDUCATIONAL ASSISTANCE PROGRAM
1are amended to read:
2§ 3201. Definitions.
6* * *
9* * *
10["Fund." The Educational Assistance Program Fund.]
11* * *
14* * *
15Section 3. Title 51 is amended by adding a section to read:
16§ 3201.1. Establishment of program.
17The Educational Assistance Program is established within the
18agency to provide public service educational grants to eligible
19Pennsylvania National Guard members in accordance with the
20provisions of this subchapter.
24§ 3202. Eligibility.
25(a) General rule.--A Pennsylvania National Guard member is
26eligible to receive a public service educational grant under
27this [chapter] subchapter if the member meets all of the
28following eligibility criteria:
1(2) Except as otherwise provided in subsection (c) and
2section 3206(b)(relating to limitations), the member is a
3member in good standing and has been a satisfactory
4participant in Pennsylvania National Guard activities for a
5minimum service period established by the Adjutant General.
9* * *
10(c) Discharge for disability incurred in the line of duty.--
11A Pennsylvania National Guard member who is discharged for
12medical disability after September 11, 2001, shall remain
13eligible to receive a public service educational grant under
14this [chapter] subchapter if the member meets all of the
15following eligibility criteria:
26(5) The former member had accepted an obligation to
27serve in the Pennsylvania National Guard for a minimum period
28of service established by the Adjutant General and was
29qualified to have fulfilled such service obligation but for
30the medical disability that resulted in discharge.
1(6) The former member commences a full-time or part-time
2course of study within two years of medical discharge or
3within two years of the effective date of this subsection,
4such course of study having a completion date of not more
5than six years following the date of medical discharge for
6members discharged for medical disability on or after the
7effective date of this subsection or of not more than six
8years following the effective date of this subsection for
9members discharged for a medical disability after September
1011, 2001, and before the effective date of this subsection.
11The Adjutant General may for good cause extend these
12deadlines when the former member's disability is shown to
13require additional time for the former member to commence or
14complete a course of study.
18§ 3204. Grants.
19(a) General rule.--From the funds appropriated
20[specifically] for the purposes of this [chapter] subchapter,
21grants shall be provided to eligible members for the purpose of
22pursuing approved programs of education.
23* * *
24§ 3205. Amount of grants.
25(a) Full-time student assistance grants.--Grants awarded
26under this [chapter] subchapter to full-time students shall be
27determined by the agency without regard to financial need and
28shall not exceed for each academic year the lesser of:
1member is enrolled; or
5(b) Part-time student assistance grants.--Grants awarded
6under this [chapter] subchapter to part-time students who do not
7possess a baccalaureate degree shall be determined by the agency
8without regard to financial need and shall not exceed for each
9academic year or period the lesser of:
15(b.1) Part-time student assistance grants for students
16possessing baccalaureate degrees.--Grants awarded under this
17[chapter] subchapter to part-time students who possess a
18baccalaureate degree shall be determined by the agency without
19regard to financial need and shall not exceed for each academic
20year or period the lesser of:
26(c) Other grants.--The agency shall not reduce the amount of
27other agency grants or aid for which the eligible member
28qualifies on account of the member's eligibility for or receipt
29of grants under this [chapter] subchapter.
30* * *
1§ 3206. Limitations.
3(1) Except as otherwise provided in paragraph (2), no
4member shall be eligible for full-time or part-time student
5assistance grants or a combination thereof under this
6[chapter] subchapter for a total of more than five academic
7years or their equivalent as determined by the agency.
8* * *
9(b) Active duty.--
10(1) Except as otherwise provided in paragraph (2) or
11(3), no grant payments shall be made under this [chapter]
12subchapter except during the eligible member's term of
13service as a member in good standing of the Pennsylvania
15* * *
16§ 3207. Recoupment of grant payments.
17(a) General rule.--An eligible member who fails to meet the
18requirements of this [chapter] subchapter as a result of
19participation in this program or to meet other requirements
20established by the Adjutant General or the agency is liable to
21the Commonwealth for repayment of all grant payments made. The
22Adjutant General shall notify the agency if an eligible member
23fails to complete the service obligation, and the promissory
24note under section 3204(b) (relating to grants) shall be payment
25in full upon demand by the agency on a schedule as the agency
27* * *
30[§ 3208. Regulations.
3§ 3209. Administration.
4The General Assembly shall appropriate funds to pay full-time
5and part-time student assistance grants under this chapter. A
6portion of the funds appropriated may be used to pay the costs
7of the administration of this chapter. Administrative costs for
8the 1996-1997 fiscal year shall not exceed 5% of the total
9amount of funds appropriated. Administrative costs in subsequent
10years shall not exceed 4% of the total amount of funds
11appropriated and shall be based on the processing fee for the
12total number of applications.
13§ 3210. Educational Assistance Program Fund.
14All moneys appropriated for the purposes of this chapter and
15all investment income earned on those moneys shall be deposited
16in the Educational Assistance Program Fund, which is hereby
17established as a special nonlapsing fund in the State Treasury.
18All moneys placed in the fund and the investment income it
19accrues are hereby appropriated on a continuing basis to the
20Department of Military and Veterans Affairs and shall be used
21solely for the purposes of the program.]
25MILITARY PHYSICIAN INCENTIVE PROGRAM
283212. Establishment of program.
293213. Military resident physician stipend.
303214. Additional military physician incentives.
13215. Promissory note.
23216. Recoupment of incentive payments.
33217. Adjustment of stipend amounts.
4§ 3211. Definitions.
10"Member in good standing." A member of the Pennsylvania
11National Guard who meets all medical, training, physical and
12educational requirements for service and who is a satisfactory
13participant in all scheduled duties and training periods.
14"Military physician." A licensed medical doctor or doctor of
15osteopathy who is a member in good standing of the Pennsylvania
16National Guard assigned to and serving in an authorized Army
17Medical Corps or Air Force Medical Corps position.
18"Military resident physician." An officer who is a member in
19good standing of the Pennsylvania National Guard, is a graduate
20of an accredited school of medicine and is a holder of a medical
21license and enrolled in an accredited medical residency program.
24§ 3212. Establishment of program.
25The Military Physician Incentive Program is established
26within the department to provide educational stipends to
27eligible Pennsylvania National Guard members in accordance with
28the provisions of this subchapter.
29§ 3213. Military resident physician stipend.
30(a) General rule.--A military resident physician is eligible
9(2) Agree to serve as a military physician in the
10Pennsylvania National Guard after completion of residency for
11one year for each annual stipend received. This service
12obligation shall be concurrent with any other military
13service obligation of the applicant.
17(d) Adjustments.--If the Adjutant General determines that
18the amount available for the program in any year will be
19insufficient to provide stipends in the amount described in this
20section to all applicants, he may place a cap on the number of
21military resident physicians eligible to receive stipends or may
22adjust the amount of the annual stipend.
23§ 3214. Additional military physician incentives.
24To the extent that funds are appropriated and available, the
25Adjutant General may, by military regulation, establish
26additional incentives to aid in the recruitment and retention of
27military physicians in the Pennsylvania National Guard, provided
28that payment of such additional incentives shall not result in a
29cap on participation or reduction in the amount of stipends paid
30under section 3213 (relating to military resident physician
2§ 3215. Promissory note.
3Any recipient of a stipend or other incentive payment under
4this subchapter shall sign, as part of the application for the
5incentive payment, a promissory note in a form prescribed by the
6Adjutant General by which the recipient promises to repay all
7amounts received if the recipient fails to complete the service
8obligation required by this subchapter or to meet other
9requirements established by the Adjutant General.
10§ 3216. Recoupment of incentive payments.
11(a) General rule.--A recipient of a stipend or other
12incentive payment under this subchapter who fails to complete
13his service obligation or to meet other requirements established
14by the Adjutant General is liable to the Commonwealth for
15repayment of all incentive payments made. The Adjutant General
16shall notify the department if the recipient fails to complete
17the service obligation, and the promissory note under section
183215 (relating to promissory note) shall be called to secure
19payment in full upon demand on a schedule as the department may
21(b) Forgiveness of recoupment.-- The Adjutant General may
22forgive recoupment of all or part of a recipient's stipend or
23other incentive payment if the Adjutant General determines that
24his failure to fulfill the service obligation was the result of
25his death, discharge because of disability incurred in line of
26duty, discharge because of a medical determination that he is
27medically unfit for duty when the medical condition is outside
28his control and is not due to his misconduct, mandatory
29discharge, release or retirement for age or years of service, or
30discharge, release, transfer or retirement because of other
1compelling circumstances outside his control.
2§ 3217. Adjustment of stipend amounts.
3Beginning on January 1, 2016, and every two years thereafter,
4the Adjutant General may adjust, by notice published in the
5Pennsylvania Bulletin, the amounts of the stipends set forth in
6this subchapter by an amount equal to the change in the
7applicable Consumer Price Index in the preceding two years
8provided that the Adjutant General finds sufficient funds are
9appropriated and available to pay for the adjusted stipends.
153223. Military Educational Programs Fund.
16§ 3221. Regulations.
19§ 3222. Administration.
20The General Assembly shall appropriate funds to pay for
21grants under Subchapters A (relating to Educational Assistance
22Program) and B (relating to Military Physician Incentive
23Program). A portion of the funds appropriated may be used to pay
24the costs of the administration of this chapter. Administrative
25costs in a fiscal year shall not exceed 4% of the total amount
26of funds appropriated and shall be based on the processing fee
27for the total number of applications.
28§ 3223. Military Educational Programs Fund.
1Military Physician Incentive Program) and all investment income
2earned on those moneys shall be deposited in the Military
3Educational Programs Fund, which is established as a special
4nonlapsing fund in the State Treasury. All moneys placed in the
5fund and the investment income it accrues are appropriated on a
6continuing basis to the department and shall be used solely for
7the purposes of the programs.