Trial Engrossment of Amendment A01231 to House Bill 1324 P.N. 1629, Regular Session 2019-2020

A01231

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1324

Session of

2019

INTRODUCED BY BARRAR, SAINATO, O'NEAL, BERNSTINE, BURNS,

COMITTA, SCHLEGEL CULVER, DAY, DRISCOLL, EVERETT, FRANKEL,

FREEMAN, FRITZ, GABLER, GALLOWAY, HEFFLEY, HELM, HILL-EVANS,

KORTZ, KULIK, LEWIS, LONGIETTI, MARKOSEK, McNEILL, MIHALEK,

MILLARD, D. MILLER, MULLINS, MURT, NEILSON, NELSON, O'MARA,

POLINCHOCK, PYLE, READSHAW, RIGBY, ROTHMAN, RYAN, SAPPEY,

SAYLOR, SCHMITT, SNYDER, STRUZZI, ULLMAN, WHITE AND GILLEN,

APRIL 25, 2019

AS REPORTED FROM COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY

PREPAREDNESS, HOUSE OF REPRESENTATIVES, AS AMENDED,

APRIL 30, 2019

AN ACT

Amending Title 51 (Military Affairs) of the Pennsylvania

Consolidated Statutes, in military educational programs,

further providing for definitions, for eligibility, for

grants, for amount of grants, for limitations, for recoupment

of grant payments, for regulations, for administration and

for Educational Assistance Program Fund and providing for a

military family education program; and making editorial

changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 3201, 3202(a) introductory paragraph and

(1), (b) and (c) introductory paragraph, (4) and (5), 3204 and

3205(a), (b), (b.1) and (c) 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.

"Annual tuition rate." The in-State tuition rate , INCLUDING

A TECHNOLOGY TUITION FEE, established or approved by May 1 of

each year by the Board of Governors of the State System of

Higher Education.

"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] agency.

"Approved program of education." A [degree-] degree-granting

or certificate-granting curriculum [or course of study], course

of study or training required for entrance into a specific

career to be pursued on a full-time or part-time basis or its

equivalent as determined by the [Pennsylvania Higher Education

Assistance Agency] 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).]

"Certificate of eligibility." A certificate from the

department that certifies an eligible A member's eligibility for

an educational assistance grant.

"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.

"Educational assistance." A benefit earned which shall be

A01231 - 2 -

given to an eligible member who has complied with all of the

requirements provided for under this subchapter.

"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] An eligible member enrolled

in an approved institution of higher learning pursuing an

approved program of education equal to or greater than [15] 12

credit hours per semester or its equivalent that is recognized

by the [Pennsylvania Higher Education Assistance Agency] agency

as a full-time course of study.

"Fund." The Educational Assistance Program Fund.

"Part-time student." [A student] An eligible member enrolled

in an approved institution of higher education pursuing an

approved program of education of less than [15] 12 credit hours

per semester or its equivalent that is recognized by the

[Pennsylvania Higher Education Assistance Agency] agency as a

part-time course of study.

"Program." The Educational Assistance Program [established

in this subchapter].

["Qualified resident." 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.]

"Promissory note." A written contract signed by a member of

the Pennsylvania National Guard in which the member promises to

repay the awarded grant amount.

A01231 - 3 -

"TECHNOLOGY TUITION FEE." A SEPARATE TUITION FEE ESTABLISHED

BY THE BOARD OF GOVERNORS OF THE STATE SYSTEM OF HIGHER

EDUCATION FOR RENDERING TECHNOLOGY RESOURCES AND SERVICES TO

ENHANCE STUDENT LEARNING EXPERIENCES.

§ 3202. Eligibility.

(a) General rule.--A member of the Pennsylvania National

Guard [member] is eligible to receive [a public service

educational] an educational assistance grant under this

subchapter if the member meets all of the following eligibility

criteria:

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

Commonwealth.]

* * *

(b) Additional eligibility criteria for full-time [student

assistance] educational assistance grants.--In addition to the

eligibility criteria specified in subsection (a), [a student] an

eligible member must meet the following eligibility criteria to

qualify for a full-time [student assistance] educational

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

service commitment] the member signs a promissory note.

(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

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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] an

educational assistance grant under this subchapter if the member

meets all of the following eligibility criteria:

* * *

(4) The former member received an [honorable] other than

dishonorable 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] by

signing a promissory note and was qualified to [have

fulfilled such] fulfill the service obligation but for the

medical disability that resulted in discharge.

* * *

§ 3204. Grants.

(a) General rule.--From the funds appropriated for the

purposes of this subchapter, grants shall be provided to

eligible members for the purpose of pursuing approved programs

of education. An educational assistance grant shall be treated

as a benefit earned by an eligible member for honorable service

to the country and this Commonwealth.

(b) Promissory notes.--[At] Upon the receipt of the grant,

an eligible member shall sign a promissory note obligating the

eligible member to repay the full amount of the grant[. The

promissory note shall be conditional upon noncompletion of] if

the eligible member fails to fulfill the service obligation

under section 3207(a) (relating to recoupment of grant

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payments).

§ 3205. Amount of grants.

(a) Full-time [student assistance] educational 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 rate of the approved institution of

higher learning FOR THE NUMBER OF CREDIT HOURS PER SEMESTER

OR ITS EQUIVALENT for the approved program of education in

which the eligible member is enrolled; or

(2) the annual tuition rate charged [to a resident of

this Commonwealth at a member institution of the] by a State

System of Higher Education institution for the [same]

academic year.

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

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 member institution of the State System

of Higher Education for the same academic year or period.]

Grants awarded under this subchapter to part-time students who

may or may 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 charged by the approved institution of

A01231 - 6 -

higher learning for the number of credit hours per semester

or its equivalent in which the eligible member is enrolled;

(2) the annual tuition rate charged by a State System of

Higher Education institution for the number of credit hours

per semester or its equivalent in which the eligible 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 member institution of the State System

of Higher Education 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 eligible member's eligibility for or

receipt of grants under this subchapter.

(2) Prior to making a grant under this [chapter]

subchapter, the 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] subchapter 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

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[chapter] subchapter shall be paid or refunded to the

eligible member for approved costs of attendance. Grants

authorized under this [section] subchapter 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.

* * *

Section 2. Section 3206(a) and (b)(2) and (3) of Title 51

are amended and the section is amended by adding a subsection to

read:

§ 3206. Limitations.

(a) Time.--

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

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

[student] educational 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.]

An eligible member who withdraws from a program of education

due to being ordered to serve on active duty for more than 30

consecutive days, including active duty for training, shall

be granted an additional period of eligibility equal to the

lost semester or its equivalent, whichever is longer.

(3) When an eligible member withdraws from a program of

education as provided for under paragraph (2), the eligible

member shall be granted an educational leave of absence as

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provided for under section 7313 (relating to educational

leave of absence).

(b) Active duty.--

* * *

(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 eligible member is discharged

or released under [honorable] other than dishonorable

conditions from the Pennsylvania National Guard.

(3) For eligible 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 eligible 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 eligible 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).

SYSTEM OF HIGHER EDUCATION INSTITUTION SHALL NOT BE CHARGED

ADDITIONAL TUITION ABOVE THE ANNUAL TUITION RATE.

Higher Education institution charge an eligible member more than

A01231 - 9 -

the in-State rate.

Section 3. Sections 3207, 3208, 3209 and 3210 of Title 51

are amended to read:

§ 3207. Recoupment of grant payments.

(a) General rule.--An eligible member who fails to meet the

[requirements of this subchapter as a result of participation in

this program] six-year service obligation of this subchapter or

to meet other requirements established by the Adjutant General

or the agency is liable to the Commonwealth for repayment of all

or part of any grant payments made. The Adjutant General shall

notify the agency if an eligible member fails to complete the

service obligation, and the promissory note under section

3204(b) (relating to grants) shall be [payment in full] repaid

by the eligible member upon demand by the agency on a schedule

as the agency may determine.

(b) Forgiveness of recoupment.--The Adjutant General [may

advise] shall notify the agency [to] and the agency shall

forgive recoupment of all or part of an eligible member's grant

payments if the Adjutant General determines that the eligible

member's failure to fulfill the six-year service obligation was

the result of [the eligible member's death, discharge because of

disability incurred in line of duty, discharge because of a

medical determination that the eligible member is medically

unfit for duty when the medical condition is outside the

eligible member's control and is not due to his misconduct or

discharge or release because of other compelling circumstances

outside the eligible member's control.] one of the following:

(1) Death.

(2) Discharge because of disability incurred in line of

duty.

A01231 - 10 -

(3) Discharge because of a medical determination that

the eligible member is medically unfit for duty when the

medical condition is outside the eligible member's control

and is not due to the eligible member's misconduct or

discharge.

(4) The existence of other compelling circumstances that

warrant forgiveness.

§ 3208. [Regulations.

The Adjutant General and the agency may promulgate

regulations to carry out the provisions of this chapter.]

(Reserved).

§ 3209. Administration.

(a) Appropriation and administrative costs.--The General

Assembly shall appropriate funds to pay full-time and part-time

[student] educational assistance grants under this [chapter]

subchapter. A portion of the funds appropriated may be used to

pay the costs of the administration of [this chapter.] this

subchapter and Subchapter B (relating to Medical Officer or

Health Officer Incentive Program).

(b) Limitation.--Administrative costs for the fiscal year

beginning July 1, 2014, and each fiscal year thereafter, shall

not exceed 3.5% of the total amount of funds appropriated.

§ 3210. Educational Assistance Program Fund.

[All moneys appropriated for the purposes of this chapter

and all investment income earned on those moneys shall be

deposited in the Educational Assistance Program Fund, which is

hereby established as a special nonlapsing fund in the State

Treasury. All moneys placed in the fund and the investment

income it accrues are hereby appropriated on a continuing basis

to the Department of Military and Veterans Affairs and shall be

A01231 - 11 -

used solely for the purposes of the program.]

(a) Establishment.--The Educational Assistance Program Fund

is established as a special nonlapsing fund in the State

Treasury.

(b) Appropriation.--All money deposited into the fund and

the interest the fund accrues are appropriated to the department

on a continuing basis to be used for the purposes provided for

under this subchapter and Subchapter B (relating to Medical

Officer or Health Officer Incentive Program).

action shall prevent the deposit of money into the fund in the

fiscal year in which the money is received.

(d) Use.--The fund may only be used for the purposes

provided for under this subchapter and no money in the fund may

be transferred or diverted to any other purpose by

administrative action.

Section 4. Chapter 32 of Title 51 is amended by adding a

subchapter to read:

SUBCHAPTER A.1

MILITARY FAMILY EDUCATION PROGRAM

Sec.

3210.1. Definitions.

3210.2. Eligibility.

3210.3. Certification of eligibility.

3210.4. Military Family Education Program grants.

3210.5. Amount of Military Family Education Program grants.

3210.6. Limitations.

3210.7. Recoupment of Military Family Education Program grant

payments.

3210.8. Regulations.

A01231 - 12 -

3210.9. Administration.

3210.10. Military Family Education Program Fund.

§ 3210.1. 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.

"Annual tuition rate." The in-State tuition rate , INCLUDING

A TECHNOLOGY TUITION FEE, established or approved by May 1 of

each year by the Board of Governors of the State System of

Higher Education.

"Approved institution of higher learning." An educational

institution offering a postsecondary program of education

located in this Commonwealth and approved by the agency.

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

certificate-granting curriculum, course of study or training

required for entrance into a specific career to be pursued on a

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

the agency, at an approved institution of higher learning.

"Benefit." The Military Family Education Program grant which

shall be given to an eligible member's assigned family member

who has complied with all of the requirements provided for under

this subchapter.

"Certificate of eligibility." A certificate from the

department that certifies a family member's eligibility for a

Military Family Education Program grant.

"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,

A01231 - 13 -

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

"Eligible member." A member of the Pennsylvania National

Guard who meets the criteria specified in section 3210.2

(relating to eligibility) and who has been awarded a certificate

of eligibility under section 3210.3 (relating to certification

of eligibility).

"Family member." A dependent of an eligible member who is

enrolled in the United States Department of Defense's Defense

Enrollment Eligibility Reporting System.

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

institution of higher learning pursuing an approved program of

education equal to or greater than 12 credit hours per semester

or its equivalent that is recognized by the agency as a full-

time course of study.

"Fund." The Military Family Education Program Fund

established under section 3210.10 (relating to Military Family

Education Program Fund).

"Next of kin." The person or persons in the nearest degree

of relationship to the eligible member.

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

institution of higher education pursuing an approved program of

education of less than 12 credit hours per semester or its

equivalent that is recognized by the agency as a part-time

course of study.

"Promissory note." A written contract signed by a member of

the Pennsylvania National Guard in which the member promises to

repay the awarded Military Family Education Program grant

amount.

"TECHNOLOGY TUITION FEE." A SEPARATE TUITION FEE ESTABLISHED

BY THE BOARD OF GOVERNORS OF THE STATE SYSTEM OF HIGHER

A01231 - 14 -

EDUCATION FOR RENDERING TECHNOLOGY RESOURCES AND SERVICES TO

ENHANCE STUDENT LEARNING EXPERIENCES.

§ 3210.2. Eligibility.

(a) General rule.--A family member is eligible to receive a

Military Family Education Program grant under this subchapter if

all of the following eligibility criteria are met:

(1) The eligible member is in good standing with the

Pennsylvania National Guard, has received an other than

dishonorable discharge , has honorably completed the eligible

member's initial contractual military service obligation to

the Pennsylvania National Guard and has been a satisfactory

participant in the Pennsylvania National Guard activities for

a minimum service period established by the Adjutant General.

(2) The eligible member accepts an obligation to serve

in the Pennsylvania National Guard for a period of six years.

(3) The eligible member has assigned the benefit to one

or more family members.

(4) The family member has enrolled as a student in an

approved program of education at an approved institution of

higher learning.

(5) If the family member is a spouse of an eligible

member or former eligible member , the spouse AND has enrolled

in an approved program of education not more than six years

after the ELIGIBLE MEMBER'S OR former eligible member's date

of separation, medical discharge or death and the obligation

stated under paragraph (2) has been fulfilled . The , THE

Adjutant General may for good cause extend the six-year

deadline in cases of extenuating circumstances.

(6) When an eligible member is ordered to serve on

active duty for more than 30 consecutive days, including

A01231 - 15 -

active duty for training, a family member who is the spouse

may withdraw from a program of education and shall be granted

an educational leave of absence as provided for under section

7313 (relating to educational leave of absence).

(b) Discharge for disability incurred in the line of duty.--

A family member of an eligible member who is discharged for

medical disability shall remain eligible to receive a Military

Family Education Program grant under this subchapter if the

eligible member's medical disability meets the following

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 eligible 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 eligible member received an other than

dishonorable discharge for medical reasons.

(5) The former eligible member had accepted an

obligation to serve in the Pennsylvania National Guard and

was qualified to fulfill the service obligation but for the

medical disability that resulted in discharge.

eligible member who died while serving the obligation required

in subsection (a)(2) shall remain eligible to receive a Military

Family Education Program grant under this subchapter if the

eligible member met the following eligibility criteria at the

time of death:

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(1) The deceased eligible member was in good standing

with the Pennsylvania National Guard.

(2) The deceased eligible member was eligible for an

other than dishonorable discharge.

(3) The deceased eligible member had accepted an

obligation to serve in the Pennsylvania National Guard by

signing a promissory note and was qualified to fulfill the

service obligation but for the eligible member's death.

(4) Upon an eligible member's death, if the eligible

member has not assigned the family member or family members

to receive the Military Family Education Program grant as

provided for under this subchapter, the next of kin shall

designate the family member or family members to receive the

Military Family Education Program grant.

§ 3210.3. Certification of eligibility.

The department shall certify members of the Pennsylvania

National Guard who meet the eligibility criteria set forth in

section 3210.2 (relating to eligibility) as eligible to

participate in the Military Family Education Program and shall

provide the agency with a certificate of eligibility for each

eligible family member.

§ 3210.4. Military Family Education Program g rants.

(a) General rule.--From the funds appropriated for the

purposes of this subchapter, Military Family Education Program

grants shall be provided to eligible family members for the

purpose of pursuing an approved program of education. A Military

Family Education Program grant shall be treated as a benefit

earned by an eligible member for honorable service to the

country and this Commonwealth.

(b) Promissory note.--Prior to entry into the Military

A01231 - 17 -

Family Education Program the eligible member shall sign a

promissory note obligating the eligible member to repay the full

amount of the family member's Military Family Education Program

grant if the eligible member fails to satisfactorily fulfill the

eligible member's obligation. The promissory note shall become

payable upon noncompletion of the service obligation under

section 3210.7(a) (relating to recoupment of Military Family

Education Program grant payments).

§ 3210.5. Amount of Military Family Education Program grants.

(a) Full-time Military Family Education Program grant.--

Military Family Education Program g rants 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 rate of the approved institution of

higher learning for the number of credit hours per semester

or its equivalent for the approved program of education in

which the family member is enrolled; or

(2) the annual tuition rate charged by a State System of

Higher Education institution for the academic year.

(b) Part-time Military Family Education Program grants.--

Military Family Education Program g rants awarded under this

subchapter to part-time students who may or may 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 charged by the approved institution of

higher learning for the number of credit hours per semester

or its equivalent in which the family member is enrolled; or

(2) the annual tuition rate charged by a State System of

A01231 - 18 -

Higher Education institution for the number of credit hours

per semester or its equivalent in which the family 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 family member qualifies on

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

a Military Family Education Program grant under this

subchapter.

(2) Prior to making a Military Family Education Program

grant under this subchapter, the approved institution of

higher learning shall first consider any Federal tuition

assistance received by the family member and then shall award

a Military Family Education Program grant under this

subchapter if the family member requires additional financial

aid to cover the costs of attendance for an approved program

of higher education. A Military Family Education Program

grant under this subchapter shall be paid or refunded to the

family member for approved costs of attendance. Military

Family Education Program g rants 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, does not exceed 100% of the

costs of attendance.

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

determine that the amount appropriated for the Military Family

Education Program in any year will be insufficient to provide

Military Family Education Program grants in the amounts set

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

department may reduce the maximum amount of the Military Family

A01231 - 19 -

Education Program grants proportionately or set a limit on the

number of participants to ensure that sums expended do not

exceed appropriations.

(e) Limit on charges.--Family members attending a State

System of Higher Education institution shall not be charged

additional fees TUITION above the annual tuition rate.

(f) Limit on tuition.--At no time may a State System of

Higher Education institution charge a family member more than

the in-State rate.

§ 3210.6. Limitations.

(a) General rule.--No eligible member shall be permitted to

assign more than five academic years or their equivalent, as

determined by the agency.

(b) Assignment of benefit.--An eligible member may assign a

portion of the entire benefit or the entire benefit by the

number of credit hours per semester or its equivalent, as

determined by the agency, to one or more family members, as the

case may be.

§ 3210.7. Recoupment of Military Family Education Program grant

payments.

(a) General rule.--An eligible member who fails to meet the

six-year service obligation of this subchapter or to meet other

requirements established by the Adjutant General or the agency

is liable to the Commonwealth for repayment of all or part of

Military Family Education Program grant payments made. The

Adjutant General shall notify the agency if an eligible member

fails to complete the service obligation and the promissory note

under section 3210.4(b) (relating to Military Family Education

Program grants) shall be repaid by the eligible member upon

demand of the agency on a schedule as the agency may determine.

A01231 - 20 -

(b) Forgiveness of recoupment.--Upon notification by the

Adjutant General, the agency shall forgive recoupment of all or

part of a family member's Military Family Education Program

grant payments if the Adjutant General determines that the

eligible member's failure to fulfill the six-year service

obligation is the result of one of the following:

(1) The eligible member's death. If all provisions in

section 3210.2(c) (relating to eligibility) are not met, the

Military Family Education Program grant shall be repaid by

the family member or family members who used the benefit upon

demand of the agency on a schedule as the agency may

determine.

(2) The eligible member's discharge because of

disability incurred in the line of duty.

(3) The eligible member's discharge because of a medical

determination that the eligible member is medically unfit for

duty when the medical condition is outside the eligible

member's control and is not due to the eligible member's

misconduct or discharge.

(4) The existence of other compelling circumstances that

warrant forgiveness.

§ 3210.8. Regulations.

The Adjutant General and the agency may promulgate

regulations to carry out the provisions of this chapter.

§ 3210.9. Administration.

(a) Appropriation and administrative costs.--The General

Assembly shall appropriate funds to pay full-time and part-time

Military Family Education Program grants under this subchapter.

A portion of the funds appropriated may be used to pay the costs

of the administration of this subchapter.

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(b) Limitation.--Administrative costs for the fiscal year in

which the Military Family Education Program is enacted, and each

fiscal year thereafter, shall not exceed 3.5% of the total

amount of funds appropriated.

month period from the effective date of this subchapter may be

used for administration and development of technological support

applications.

§ 3210.10. Military Family Education Program Fund.

(a) Establishment.--The Military Family Education Program

Fund is established as a special nonlapsing fund in the State

Treasury.

(b) Appropriation.--All money deposited into the fund and

the interest the fund accrues are appropriated to the department

on a continuing basis to be used for the purposes provided for

under this subchapter.

action shall prevent the deposit of money into the fund in the

fiscal year in which the money is received.

(d) Use.--The fund may only be used for the purposes

provided for under this subchapter and no money in the fund may

be transferred or diverted to any other purpose by

administrative action.

Section 5. This act shall take effect as follows:

(1) The addition of 51 Pa.C.S. § 3210.2(a)(1) and (2)

shall take effect July 1, 2019.

(2) The addition of 51 Pa.C.S. § 3210.2(a)(3), (4) and

(5) shall take effect August 1, 2020.

(3) The remainder of this act shall take effect

immediately.

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