Trial Engrossment of Amendment A05504 to Senate Bill 1194 P.N. 1758, Regular Session 2021-2022

A05504

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1194

Session of

2022

INTRODUCED BY MENSCH, ROBINSON, MASTRIANO, J. WARD AND COSTA,

APRIL 11, 2022

SENATOR STEFANO, VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, AS

AMENDED, JUNE 14, 2022

AN ACT

Amending Title 51 (Military Affairs) of the Pennsylvania

Consolidated Statutes, in military educational programs,

establishing the Military College Educational Assistance

Program; and making editorial changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Chapter 32 of Title 51 of the Pennsylvania

Consolidated Statutes is amended by adding a subchapter to read:

SUBCHAPTER C

MILITARY COLLEGE

EDUCATIONAL ASSISTANCE PROGRAM

Sec.

3221. Definitions.

3222. Military College Educational Assistance Program.

3223. Eligibility.

3224. Program participation.

3225. Benefit.

3226. Limitations.

3227. Recoupment of benefit payments.

3228. Administration.

§ 3221. 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 postsecondary program of education

located in this Commonwealth and approved by the agency.

"Benefit." The program grant which shall be given to an

eligible member's military college or approved institution of

higher learning who meets all of the requirements provided for

under this subchapter.

"Cadet." A military trainee enrolled in a military college.

"Early Commissioning Program." The United States Army ROTC

program that allows a graduate of a military junior college to

become a commissioned officer in the reserve components TWO

YEARS IN THE RESERVE OR NATIONAL GUARD COMPONENTS .

"Eligible member." A full-time student who is a member of

the Pennsylvania National Guard, is selected as a cadet, serves

as a Simultaneous Membership Program cadet in the Pennsylvania

National Guard and accepts a Pennsylvania National Guard

commission upon graduation from the military college.

"Full-time student." An eligible member enrolled in an

approved institution of higher learning pursuing an approved

degree-producing 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.

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"Military college." The Valley Forge Military College of

Pennsylvania.

"Military college tuition." The cost of attendance

established annually by the college administration, including

tuition and uniforms. The term does not include room and board,

books or technical fees , board or books .

"Program." The Military College Educational Assistance

Program established under section 3222 (relating to Military

College Educational Assistance Program).

"Simultaneous Membership Program." The Simultaneous

Membership Program in which a reserve officer trainee assigned

to a Pennsylvania Army National Guard unit participates

simultaneously as a contracted cadet in the ROTC Advanced Course

or Military Science I, II, III and IV levels of military

instruction taught at a university or college in accordance with

Cadet Command Regulation 145-11 (relating to Reserve Officers'

Training Corps Simultaneous Membership Program (SMP)) in effect

on the effective date of this section.

§ 3222. Military College Educational Assistance Program.

(a) Establishment.--The Military College Educational

Assistance Program is established. The purpose of the program is

t o provide benefits to eligible members. The program shall begin

no later than the 2023-2024 2024-2025 academic year.

(b) Funding.-- Money in the Educational Assistance Program

Fund shall be used to provide benefits under this subchapter and

may not be used for any other purpose or be transferred or

diverted to any other purpose by administrative action.

§ 3223. Eligibility.

An eligible member may apply for participation in the program

if the eligible member does or meets all of the following:

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(1) Has been a satisfactory participant in Pennsylvania

National Guard activities for a minimum service period

established by the Adjutant General or is a former eligible

member and has received a discharge other than a dishonorable

discharge.

(2) Has accepted an obligation to serve in the

Pennsylvania National Guard for a period of at least eight

years and has not accepted an obligation under Subchapter A

(relating to Educational Assistance Program) or Subchapter

A.1 (relating to Military Family Education Program) for the

same service period. The service obligation to the

Pennsylvania National Guard shall be two years as a cadet in

the military college and six eight years as a commissioned

officer.

(3) Serves as a Simultaneous Membership Program cadet in

the Pennsylvania National Guard and accepts a Pennsylvania

National Guard commission upon graduation from the military

college.

(4) Provides proof of United States citizenship.

(5) Provides proof of meeting physical standards, in

effect on the effective date of this section, required to be

considered to serve in the United States Army.

(6) Provides proof of meeting academic standards, in

effect on the effective date of this section, required to be

considered to serve in the United States Army as a

commissioned officer.

(7) Provides a letter of intent.

(8) Provides a military college Professor of Military

Science letter of recommendation.

(9) Provides a letter of acceptance into the Early

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Commissioning Program.

§ 3224. Program participation.

(a) Selection.--The department, with the assistance of the

military college, shall evaluate the candidates for the program

and make recommendations to the Adjutant General for selection.

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

eligible member who is discharged for medical disability shall

be disenrolled from the program if the eligible member is unable

to fulfill the service obligation to the Pennsylvania National

Guard as required for the benefit under this subchapter.

eligible member who fails to meet academic or military

qualification standards shall be disenrolled from the program

under this subchapter.

(d) Conditional release from Simultaneous Membership

Program.--An eligible member may be released from Simultaneous

Membership Program status for voluntary or involuntary reasons.

The following apply:

(1) An applicant who completes the senior Army ROTC

program of instruction shall be released from Simultaneous

Membership Program status in order to be accessed into the

Pennsylvania National Guard as a commissioned officer.

Release from Simultaneous Membership Program status under

this subchapter shall terminate the eligible member's

enlistment contract in exchange for a new officer contract.

The eligible member shall incur an eight-year active drilling

contractual obligation to the Pennsylvania National Guard

upon appointment as a second lieutenant.

(2) An eligible member who voluntarily or involuntarily

becomes disenrolled from ROTC and is eligible to continue

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military service shall remain in the Pennsylvania National

Guard as an enlisted soldier. An eligible member who becomes

qualified as an enlisted soldier as provided under National

Guard Regulation 600-100 (relating to commissioned officers -

Federal recognition and related personnel actions) in effect

on the effective date of this section shall retain the

benefit previously awarded during Simultaneous Membership

Program status.

(3) An eligible member who voluntarily or involuntarily

becomes disenrolled from ROTC and is ineligible to continue

military service for reasons other than medical conditions

shall be discharged from the Pennsylvania National Guard as

provided under National Guard Regulations 600-100 and 600-200

(relating to enlisted personnel management), in effect on the

effective date of this section. An eligible member who is

discharged under this subchapter shall be subject to

recoupment under section 3227 (relating to recoupment of

benefit payments) .

§ 3225. Benefit.

(a) Provision.--From the money appropriated for the purposes

of this subchapter, benefit payments shall be provided to the

military college or approved institution of higher learning on

behalf of eligible members for the purpose of pursuing an

approved degree-producing program.

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

eligible member shall sign a promissory note obligating the

eligible member to repay the full amount of the benefit if the

eligible member fails to satisfactorily fulfill the service

obligation. The promissory note shall become payable upon

noncompletion of the service obligation under section 3227(a)

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(relating to recoupment of benefit payments).

determined by the agency without regard to financial need and

may not exceed for each academic year the lesser of:

(1) the rate of military college tuition for the

approved degree-producing program in which the eligible

member is enrolled; or

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

Higher Education institution for the academic year.

be:

(1) in year one and two, the rate of military college

tuition for the approved associate's degree-producing

program; and

(2) thereafter, the annual tuition rate charged by a

State System of Higher Education institution for the

completion of the eligible member's first bachelor's degree.

(d) Other grants and financial aid.--

(1) The agency may 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 a benefit under this subchapter.

(2) Prior to making a benefit payment under this

subchapter, the approved institution of higher learning

shall first consider any Federal tuition assistance received

by the eligible member and shall award a benefit under this

subchapter if the eligible member requires additional

financial aid to cover the costs of attendance for an

approved degree-producing program.

(3) A benefit under this subchapter shall be paid or

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refunded to the eligible member for approved costs of

attendance.

(4) Benefits authorized under this section shall be

reduced so that the total of Federal and State military

education benefits, as administered by the Pennsylvania

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

attendance.

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

determine that the amount appropriated for the program in any

year will be insufficient to provide benefits in the amounts

specified in this section to each eligible member, the agency

and the department may reduce the maximum amount of the benefits

proportionately or set a limit on the number of participants to

ensure that sums expended do not exceed appropriations.

(f) Limit on charges.--Eligible members attending a State

System of Higher Education institution may not be charged

additional tuition above the annual tuition rate.

(g) Limit on tuition.--A State System of Higher Education

institution may not charge an eligible member more than the in-

State rate.

§ 3226. Limitations.

An eligible member may not assign more than five academic

years or their equivalent, as determined by the agency.

§ 3227. Recoupment of benefit payments.

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

eight-year service obligation of this subchapter or other

requirements established by the Adjutant General or the agency

shall be liable to the Commonwealth for repayment of all or part

of benefit payments made. The Adjutant General shall notify the

agency if an eligible member fails to complete the service

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obligation and the promissory note under section 3225(b)

(relating to benefit) shall be repaid by the eligible member

upon demand of the agency on a schedule as the agency may

determine.

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

Adjutant General, the agency shall forgive recoupment of all or

part of an eligible member's benefit payments if the Adjutant

General determines that the eligible member's failure to fulfill

the eight-year service obligation is the result of one of the

following:

(1) The eligible member's death.

(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 if the medical condition is outside the eligible

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

misconduct.

(4) The existence of other compelling circumstances that

warrant forgiveness.

§ 3228. Administration.

The department shall issue guidelines to implement and

administer this subchapter.

Section 2. Subchapter C heading of Chapter 32 of Title 51 is

amended to read:

SUBCHAPTER [C] D

MISCELLANEOUS PROVISIONS

Section 3. Sections 3221 and 3222 of Title 51 are renumbered

to read:

§ [3221] 3231. Regulations.

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The Adjutant General shall promulgate regulations to carry

out the provisions of this chapter.

§ [3222] 3232. Administration.

The General Assembly may appropriate funds to pay for grants

under Subchapter B (relating to Medical Officer or Health

Officer Incentive Program).

Section 4. This act shall take effect in 60 days.

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