Regular Session 2017-2018 House Bill 2696 P.N. 4195

PRINTER'S NO. 4195

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2696

Session of

2018

INTRODUCED BY T. O'NEAL, BARRAR, BERNSTINE, YOUNGBLOOD, DUNBAR

AND WARD, OCTOBER 9, 2018

REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY

PREPAREDNESS, OCTOBER 9, 2018

AN ACT

Amending Title 51 (Military Affairs) of the Pennsylvania

Consolidated Statutes, in military educational programs,

further providing for definitions, for eligibility, for

amount of grants and for limitations.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 3201, 3202, 3205 and 3206 of Title 51 of

the Pennsylvania Consolidated Statutes are amended to read:

§ 3201. Definitions.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Agency." The Pennsylvania Higher Education Assistance

Agency.

"Approved institution of higher learning." An educational

institution offering a post-secondary program of education

located in this Commonwealth and approved by the Pennsylvania

Higher Education Assistance Agency.

"Approved program of education." A degree- or certificate-

granting curriculum or course of study to be pursued on a full-

time or part-time basis or its equivalent as determined by the

Pennsylvania Higher Education Assistance Agency, at an approved

institution of higher learning.

"Combat zone." An area designated by Presidential executive

order as a combat zone as described in section 7508 of the

Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §

7508).

"Costs of attendance." Allowable educational expenses, as

determined by the agency, that are consistent with the

administration of the act of January 25, 1966 (1965 P.L.1546,

No.541), referred to as the Higher Education Scholarship Law.

"Dependent." A spouse, child or surviving spouse or child.

"Eligible member." A member of the Pennsylvania National

Guard who meets the criteria specified in section 3202 (relating

to eligibility) and who has been awarded a certificate of

eligibility under section 3203 (relating to certification of

eligibility).

"Full-time student." A student enrolled in an approved

institution of higher learning pursuing an approved program of

education equal to or greater than 15 credit hours or its

equivalent recognized by the Pennsylvania Higher Education

Assistance Agency as a full-time course of study.

"Fund." The Educational Assistance Program Fund.

"Part-time student." A student enrolled in an approved

institution of higher education pursuing an approved program of

education of less than 15 credit hours or its equivalent

recognized by the Pennsylvania Higher Education Assistance

Agency as a part-time course of study.

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"Program." The Educational Assistance Program established in

this subchapter.

"Qualified [resident] student." [An individual who has been

a bona fide resident of this Commonwealth prior to the time an

application for a grant is made. The Pennsylvania Higher

Education Assistance Agency shall make the final decision on

whether an applicant is a qualified resident.] An individual who

is a member of the Pennsylvania National Guard prior to the time

an application for a grant is made.

§ 3202. Eligibility.

(a) General rule.--A Pennsylvania National Guard member is

eligible to receive a public service educational grant under

this subchapter if the member meets all of the following

eligibility criteria:

(1) The member is a qualified [resident of this

Commonwealth] student.

(2) Except as otherwise provided in subsection (c) and

section 3206(b) (relating to limitations), the member is a

member in good standing and has been a satisfactory

participant in Pennsylvania National Guard activities for a

minimum service period established by the Adjutant General.

(3) The member has enrolled as a student in an approved

program of education at an approved institution of higher

learning.

(a.1) Dependent eligibility.--

(1) A d ependent of an eligible member shall be eligible

to receive a public service educational grant under this

subchapter if the d ependent meets all of the following

eligibility criteria:

(i) The individual is a dependent of a qualified

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student.

(ii) The d ependent has enrolled as a student in an

approved program of education at an approved institution

of higher learning.

(2) Grant payments shall be as follows:

(i) A spouse or surviving spouse shall be eligible

for full-time or part-time student assistance grants or a

combination of full-time or part-time student assistance

grants under this subchapter for a total of not more than

five academic years or the equivalent of five academic

years, as determined by the agency and not more than five

years after the qualified student's established date of

discharge or release from initial enlistment.

(ii) A child shall be eligible for full-time or

part-time student assistance grants or a combination of

full-time or part-time student assistance grants under

this subchapter for not more than five academic years or

the equivalent of five academic years, as determined by

the agency.

(iii) The guard member must have served for the

member's entire six-year requirement in order to transfer

benefits to a spouse. Once the benefits have been

transferred to the spouse, the guard member automatically

accrues two more years of required service.

(iv) The guard member must have provided at least 10

years of service to the Pennsylvania National Guard in

order to transfer their benefits to a child. Once the

benefits have been transferred to the child, the

Pennsylvania National Guard member automatically accrues

four more years of required service.

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(v) A dependent under this paragraph must:

(A) Be alive at the time a qualified student

transfers the benefit provided for under this

subchapter.

(B) Use the benefit provided for under this

subchapter before the qualified student reaches 26

years of age.

(3) The department shall provide the agency with the

appropriate discharge or release date for each qualified

student in accordance with Pennsylvania National Guard

enlistment policies.

(a.2) Fund for grant money dedicated to children.--As soon

as a member of the Pennsylvania National Guard who is eligible

to transfer educational benefits to the member's child elects to

transfer the benefits, the money will be placed into a fund at

the Department of Military and Veterans Affairs. The fund shall

be separate from any other funds currently at the Department of

Military and Veterans Affairs. The child may only use the money

for educational purposes and must be given directly to the child

before the child reaches 26 years of age.

(b) Additional eligibility criteria for full-time student

assistance grants.--In addition to the eligibility criteria

specified in subsection (a), a student must meet the following

eligibility criteria to qualify for a full-time student

assistance grant:

(1) The member does not possess a baccalaureate degree.

(2) The member accepts an obligation to serve in the

Pennsylvania National Guard for a period of six years from

the date of entry into the program by enlistment,

reenlistment, extension of enlistment or execution of a

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service commitment.

(3) The member has enrolled as a full-time student in an

approved program of education at an approved institution of

higher learning.

(4) The member is not receiving a Reserve Officer

Training Corps (ROTC) Scholarship, excluding a Guaranteed

Reserve Forces Duty Scholarship.

A Pennsylvania National Guard member who is discharged for

medical disability after September 11, 2001, shall remain

eligible to receive a public service educational grant under

this subchapter if the member meets all of the following

eligibility criteria:

(1) The medical disability was incurred in the line of

duty and was not the result of misconduct.

(2) The medical condition giving rise to the discharge

did not exist prior to the member entering service in the

Pennsylvania National Guard.

(3) The medical disability was incurred while performing

authorized military duty other than basic training, advanced

individual training or other equivalent initial training.

(4) The former member received an honorable discharge

for medical reasons.

(5) The former member had accepted an obligation to

serve in the Pennsylvania National Guard for a minimum period

of service established by the Adjutant General and was

qualified to have fulfilled such service obligation but for

the medical disability that resulted in discharge.

(6) The former member commences a full-time or part-time

course of study within two years of medical discharge or

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within two years of the effective date of this subsection,

such course of study having a completion date of not more

than six years following the date of medical discharge for

members discharged for medical disability on or after the

effective date of this subsection or of not more than six

years following the effective date of this subsection for

members discharged for a medical disability after September

11, 2001, and before the effective date of this subsection.

The Adjutant General may for good cause extend these

deadlines when the former member's disability is shown to

require additional time for the former member to commence or

complete a course of study.

(7) The former member meets all eligibility criteria

specified in subsections (a) and (b) except membership in the

Pennsylvania National Guard.

(d) Determination.--The department shall make the final

determination on whether an applicant is a qualified student.

§ 3205. Amount of grants.

(a) Full-time student assistance grants.--Grants awarded

under this subchapter to full-time students shall be determined

by the agency without regard to financial need and shall not

exceed for each academic year the lesser of:

(1) the tuition of the approved institution of higher

learning for the approved program of education in which the

member is enrolled; or

(2) the tuition [charged to a resident of this

Commonwealth at a] equal to the highest tuition of any member

institution of the State System of Higher Education for the

same academic year.

(b) Part-time student assistance grants.--Grants awarded

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under this subchapter to part-time students who do not possess a

baccalaureate degree shall be determined by the agency without

regard to financial need and shall not exceed for each academic

year or period the lesser of:

(1) the tuition for the part-time course of study in

which the member is enrolled; or

(2) [two-thirds of the tuition charged to a resident of

the Commonwealth at a] the tuition equal to the highest

tuition of any member institution of the State System of

Higher Education for the part-time course of study in which

the member is enrolled for the same academic year or period.

(b.1) Part-time student assistance grants for students

possessing baccalaureate degrees.--Grants awarded under this

subchapter to part-time students who possess a baccalaureate

degree shall be determined by the agency without regard to

financial need and shall not exceed for each academic year or

period the lesser of:

(1) one-half of the tuition for the part-time course of

study in which the member is enrolled; or

(2) [one-third of the tuition charged to a resident of

this Commonwealth at a] the tuition equal to the highest

tuition of any member institution of the State System of

Higher Education for the part-time course of study in which

the member is enrolled for the same academic year or period.

(1) The agency shall not reduce the amount of other

agency grants or aid for which the eligible member qualifies

on account of the member's eligibility for or receipt of

grants under this subchapter.

(2) Prior to making a grant under this chapter, the

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approved institution of higher learning shall first consider

any Federal tuition assistance received by the eligible

member and then shall award a grant under this chapter if the

eligible member requires additional financial aid to cover

the costs of attendance for an approved program of higher

education. A grant under this chapter shall be paid or

refunded to the eligible member for approved costs of

attendance. Grants authorized under this section shall be

reduced so that the total of all Federal and State military

education benefits, as administered by the Pennsylvania

National Guard, do not exceed 100% of the costs of

attendance.

(d) Adjustments.--If the agency and the Adjutant General

determine that the amount appropriated for the program in any

year will be insufficient to provide grants in the amounts set

forth in this section to all eligible members, the agency and

the department may reduce the maximum amount of the grants

proportionately or set a limit on the number of participants to

ensure that sums expended do not exceed appropriations.

§ 3206. Limitations.

(a) Time.--

(1) Except as otherwise provided in paragraph (2), no

member shall be eligible for full-time or part-time student

assistance grants or a combination thereof under this

subchapter for a total of more than five academic years or

their equivalent as determined by the agency.

(2) For any member who served on active duty in a combat

zone, eligibility for such grants shall be extended for a

period of one year or for one additional month for each month

or part of month of such service, whichever is longer. The

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extension under this paragraph shall not apply to a spouse or

a dependent child of an eligible member.

(b) Active duty.--

(1) Except as otherwise provided in paragraph (2) or

(3), no grant payments shall be made under this subchapter

except during the eligible member's term of service as a

member in good standing of the Pennsylvania National Guard.

(2) For eligible members who were called or ordered to

active Federal service or active State duty under section 508

(relating to active [State] duty for emergency) after

September 11, 2001, the deadline for making grant payments

shall be extended for one additional month for each month or

part of month of such service after the member is discharged

or released under honorable conditions from the Pennsylvania

National Guard.

(3) For members discharged because of a disability

incurred in the line of duty who are eligible under section

3202(c) (relating to eligibility), the deadline for making

grant payments shall be:

(i) Six years after the member's medical discharge

for members discharged for a medical disability on or

after the effective date of this paragraph unless

extended under section 3202 (c)(6).

(ii) Six years following the effective date of this

paragraph for members discharged for a medical disability

after September 11, 2001, and before the effective date

of this paragraph unless extended under section 3202 (c)

(6).

eligible member, a spouse or a dependent child of an eligible

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member under this subchapter.

Section 2. This act shall take effect in 60 days.

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