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                                 HOUSE AMENDED
        PRIOR PRINTER'S NOS. 1451, 1621               PRINTER'S NO. 1944

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1043 Session of 2006


        INTRODUCED BY D. WHITE, GREENLEAF, KASUNIC, LAVALLE, FONTANA,
           CORMAN, ROBBINS, BOSCOLA, COSTA, PUNT, MUSTO, RAFFERTY,
           M. WHITE, MADIGAN, WENGER, WAUGH, PIPPY, O'PAKE, TARTAGLIONE,
           MELLOW, WONDERLING, ERICKSON, LEMMOND, KITCHEN, BROWNE,
           STACK, REGOLA, PICCOLA, C. WILLIAMS AND ARMSTRONG,
           JANUARY 19, 2006

        AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
           JUNE 26, 2006

                                     AN ACT

     1  Amending Title 51 (Military Affairs) of the Pennsylvania
     2     Consolidated Statutes, further providing for ASSOCIATION       <--
     3     GROUP LIFE INSURANCE FOR PENNSYLVANIA NATIONAL GUARD AND FOR
     4     tuition costs and fees for children and spouses of deceased
     5     soldiers.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  Section 3503 of Title 51 of the Pennsylvania       <--
     9  Consolidated Statutes is amended to read:
    10     SECTION 1.  SECTIONS 3105 AND 3503 OF TITLE 51 OF THE          <--
    11  PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:
    12  § 3105.  ASSOCIATION GROUP LIFE INSURANCE FOR PENNSYLVANIA
    13             NATIONAL GUARD.
    14     (A)  VOLUNTARY PARTICIPATION FOR GROUP LIFE INSURANCE.--THE
    15  ADJUTANT GENERAL MAY APPROVE ISSUANCE OF GROUP LIFE INSURANCE TO
    16  NONPROFIT MEMBERSHIP ASSOCIATIONS FOR MEMBERS OF THE


     1  PENNSYLVANIA NATIONAL GUARD, SUBJECT TO THE FOLLOWING
     2  REQUIREMENTS:
     3         (1)  THE MEMBERS ELIGIBLE FOR INSURANCE UNDER THE POLICY
     4     SHALL ALL BE MEMBERS OF THE PENNSYLVANIA NATIONAL GUARD OR
     5     THEIR SPOUSES OR DEPENDENTS. A MEMBER OF THE PENNSYLVANIA
     6     NATIONAL GUARD WHO BECOMES INSURED UNDER THIS PROGRAM WHILE A
     7     MEMBER MAY CONTINUE THE INSURANCE, INCLUDING GROUP TERM LIFE
     8     INSURANCE, AFTER DISCHARGE OR RETIREMENT FROM THE
     9     PENNSYLVANIA NATIONAL GUARD.
    10         (2)  THE PREMIUM FOR THE POLICY SHALL BE PAID BY THE
    11     INDIVIDUAL MEMBERS OF THE PENNSYLVANIA NATIONAL GUARD OR
    12     THEIR SPOUSES OR DEPENDENTS WHO ELECT TO PARTICIPATE IN THE
    13     INSURANCE PLAN EITHER BY DIRECT PAYMENT OR BY ALLOTMENT FROM
    14     MILITARY PAY. AN INDIVIDUAL FAMILY MEMBER MAY INSURE HIS
    15     SPOUSE OR DEPENDENT WITHOUT THEIR SIGNATURE OR APPROVAL.
    16         (3)  THE POLICY MUST COVER AT LEAST 25 MEMBERS OF THE
    17     PENNSYLVANIA NATIONAL GUARD AT THE TIME OF ISSUE.
    18         (4)  THE AMOUNTS OF INSURANCE UNDER THE POLICY MUST NOT
    19     EXCEED [$100,000] $400,000 PER INDIVIDUAL INSURED MEMBER AND
    20     [$25,000] $100,000 PER INSURED SPOUSE OR DEPENDENT.
    21         (5)  PARTICIPATION IN THE INSURANCE PLAN MUST BE
    22     VOLUNTARY.
    23         (6)  EXCEPT AS OTHERWISE PROVIDED BY THIS SECTION, THE
    24     POLICY OR POLICIES MUST COMPLY WITH THE PROVISIONS OF THE ACT
    25     OF MAY 11, 1949 (P.L.1210, NO.367), REFERRED TO AS THE GROUP
    26     LIFE INSURANCE POLICY LAW, AND BE APPROVED BY THE INSURANCE
    27     COMMISSIONER AND THE ADJUTANT GENERAL.
    28         (7)  THE SAME POLICY CAN BE MADE AVAILABLE TO ANY
    29     PENNSYLVANIA RESIDENT WHO IS A MEMBER OF A RESERVE COMPONENT
    30     OF THE ARMED FORCES.
    20060S1043B1944                  - 2 -     

     1     (B)  GROUP LIFE INSURANCE FOR ELIGIBLE MEMBERS.--THE ADJUTANT
     2  GENERAL SHALL APPROVE ISSUANCE OF GROUP LIFE INSURANCE TO
     3  NONPROFIT MEMBERSHIP ASSOCIATIONS FOR ELIGIBLE MEMBERS OF THE
     4  PENNSYLVANIA NATIONAL GUARD, SUBJECT TO THE FOLLOWING:
     5         (1)  FOR ELIGIBLE MEMBERS OF THE PENNSYLVANIA NATIONAL
     6     GUARD, THE COMMONWEALTH SHALL PAY PREMIUMS NOT OTHERWISE PAID
     7     BY THE FEDERAL GOVERNMENT SO THAT ELIGIBLE MEMBERS HAVE LIFE
     8     INSURANCE COVERAGE EQUAL TO THE MAXIMUM AVAILABLE
     9     SERVICEMEMBERS' GROUP LIFE INSURANCE COVERAGE. PREMIUM
    10     PAYMENTS MAY TAKE ONE OF THE FOLLOWING FORMS:
    11             (I)  PURCHASE OF COVERAGE UNDER SUBSECTION (A) IN AN
    12         AMOUNT EQUAL TO THE DIFFERENCE BETWEEN:
    13                 (A)  THE MAXIMUM COVERAGE UNDER THE FEDERAL
    14             SERVICEMEMBERS' GROUP LIFE INSURANCE PROGRAM; AND
    15                 (B)  THE AMOUNT OF SERVICEMEMBERS' GROUP LIFE
    16             INSURANCE COVERAGE PAID BY THE FEDERAL GOVERNMENT.
    17             (II)  PAYMENT OR REIMBURSEMENT OF THE DIFFERENCE IN
    18         PREMIUMS TO THE ELIGIBLE MEMBERS OF THE PENNSYLVANIA
    19         NATIONAL GUARD.
    20         (2)  IN THE CASE OF AN ELIGIBLE MEMBER OF THE
    21     PENNSYLVANIA NATIONAL GUARD WHO WAS KILLED IN THE LINE OF
    22     DUTY AFTER SEPTEMBER 11, 2001, AND BEFORE THE EFFECTIVE DATE
    23     OF THIS SUBSECTION, THE COMMONWEALTH SHALL PAY THE DESIGNATED
    24     BENEFICIARY OF THE MEMBER OR, IF NONE, THE MEMBER'S NEXT OF
    25     KIN, AN AMOUNT EQUAL TO THE GREATER OF THE PREMIUMS PAID FOR
    26     SERVICEMEMBERS' GROUP LIFE INSURANCE COVERAGE FOR THE PERIOD
    27     THE ELIGIBLE MEMBER WAS DEPLOYED OR, IF THE MEMBER DID NOT
    28     ELECT THE MAXIMUM COVERAGE, THE DIFFERENCE BETWEEN THE
    29     MAXIMUM COVERAGE IN EFFECT AT THE TIME THE ELIGIBLE MEMBER
    30     WAS KILLED AND THE AMOUNT OF COVERAGE ELECTED BY THE MEMBER.
    20060S1043B1944                  - 3 -     

     1         (3)  THE DEPARTMENT SHALL PROMULGATE REGULATIONS FOR THE
     2     ADMINISTRATION OF THIS SUBSECTION.
     3     (C)  DEFINITION.--AS USED IN THIS SECTION, THE TERM "ELIGIBLE
     4  MEMBER OF THE PENNSYLVANIA NATIONAL GUARD" SHALL MEAN:
     5         (1)  MEMBERS OF THE PENNSYLVANIA NATIONAL GUARD ORDERED
     6     TO ACTIVE FEDERAL SERVICE FOR A PERIOD OF 30 OR MORE
     7     CONSECUTIVE DAYS WHILE PREPARING TO DEPLOY, DEPLOYED AND
     8     DEMOBILIZING FROM DEPLOYMENT, TO AREAS OR OPERATIONS
     9     DESIGNATED BY THE SECRETARY OF DEFENSE AS "ZONES OF COMBAT"
    10     OR "COMBAT OPERATIONS"; AND
    11         (2)  MEMBERS OF THE PENNSYLVANIA NATIONAL GUARD ORDERED
    12     TO ACTIVE STATE DUTY FOR EMERGENCIES UNDER SECTION 508
    13     (RELATING TO ACTIVE DUTY FOR EMERGENCY) OR 35 PA.C.S. § 7601
    14     (RELATING TO COMPACT ENACTED) FOR A PERIOD OF 30 OR MORE
    15     CONSECUTIVE DAYS.
    16  § 3503.  Tuition [credit] waiver for children and spouses of
    17             deceased soldiers.
    18     (a)  [General rule] Children.--The children of members of the
    19  Pennsylvania National Guard who were killed or die as a result
    20  of injuries received while [in State active duty] performing
    21  duty in an official duty status authorized under Federal or
    22  State law shall be entitled to a [50% tuition credit] waiver of
    23  all tuition costs and fees remaining after receipt of other
    24  scholarships and education benefits and Federal and State
    25  grants, including, but not limited to, educational gratuities
    26  for which the children are or may be eligible under the act of
    27  December 16, 1998 (P.L.980, No.129), known as the Police
    28  Officer, Firefighter, Correction Employee and National Guard
    29  Member Child Beneficiary Education Act, at all Pennsylvania
    30  State-owned colleges or universities [or], approved trade
    20060S1043B1944                  - 4 -     

     1  schools, State-related institutions of higher learning or
     2  community colleges in this Commonwealth for a period not
     3  exceeding eight semesters or four years, whichever is greater.
     4  In order to be eligible for waiver of tuition and fees under
     5  this section, the member of the Pennsylvania National Guard must
     6  have been a bona fide resident of Pennsylvania at the time of
     7  his death and the member's children must be bona fide residents
     8  of Pennsylvania, eligible for resident tuition at the
     9  institution to which they have applied, at the time they apply
    10  for the tuition and fee waiver.
    11     (a.1)  Spouses.--The spouse of a member of the Pennsylvania
    12  National Guard who was killed or dies as a result of injuries
    13  received while performing duty in an official duty status
    14  authorized under Federal or State law shall be entitled to a
    15  waiver of all tuition costs and fees remaining after receipt of
    16  other scholarships and education benefits and Federal and State
    17  grants at any Pennsylvania State-owned college or university,
    18  approved trade school, State-related institution of higher
    19  learning or community college in this Commonwealth for a period
    20  not exceeding eight semesters or four years, whichever is
    21  greater. A spouse shall be eligible for a waiver of all tuition
    22  costs and fees remaining after receipt of other scholarships and
    23  education benefits and Federal and State grants under this
    24  subsection for a period not to exceed ten years from the date
    25  the member is killed or dies as a result of injuries while in
    26  Federal or State active duty or until the spouse remarries,
    27  whichever occurs first. In order to be eligible for waiver of
    28  tuition and fees under this section, the member of the
    29  Pennsylvania National Guard must have been a bona fide resident
    30  of Pennsylvania at the time of his death and the member's spouse
    20060S1043B1944                  - 5 -     

     1  must be a bona fide resident of Pennsylvania, eligible for
     2  resident tuition at the institution to which the spouse has
     3  applied, at the time the spouse applies for the tuition and fee
     4  waiver.
     5     (b)  Department to administer program.--The department shall
     6  adopt rules and regulations to carry out the provisions of this
     7  section and shall administer the tuition [credit] cost and fee
     8  waiver program established under this section.
     9     Section 2.  This act shall take effect in 60 days.














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