HOUSE AMENDED PRIOR PRINTER'S NOS. 1451, 1621 PRINTER'S NO. 1944
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. L7L51JLW/20060S1043B1944 - 6 -