THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY BAKER, ALLOWAY, BREWSTER, COSTA, ERICKSON, FERLO, FONTANA, KITCHEN, MENSCH, ORIE, PIPPY, RAFFERTY, ROBBINS, SOLOBAY, STACK, TARTAGLIONE, VOGEL, WARD AND YUDICHAK, APRIL 16, 2012

REFERRED TO VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, APRIL 16, 2012  

AN ACT

Amending the act of December 16, 1998 (P.L.980, No.129),

entitled "An act providing for a waiver of tuition and other

fees for children of certain deceased police officers,

National Guard members, firefighters and correction employees

at community colleges and State-owned and State-related

institutions of higher education and for additional powers

and duties of the Pennsylvania Higher Education Assistance

Agency and the Department of General Services," further

providing for Postsecondary Educational Gratuity Program.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 3(a), (b)(3) and (d)(3) of the act of

December 16, 1998 (P.L.980, No.129), known as the Police

Officer, Firefighter, Correction Employee and National Guard

Member Child Beneficiary Education Act, amended November 30,

2004 (P.L.1663, No.210), are amended to read:

Section 3.  Postsecondary Educational Gratuity Program.

(a)  Establishment.--There is hereby established the

Postsecondary Educational Gratuity Program for children of

police officers, firefighters, correction employees, sheriffs,

deputy sheriffs [and National Guard members], and certain other

individuals who are on Federal or State active military duty who

are residents of this Commonwealth who are killed while acting

in the performance of their duties, and National Guard members

who are on Federal or State active military duty who are killed

while acting in the performance of their duties, regardless of

whether or not the members are residents of this Commonwealth at

the time of their deaths.

(b)  Eligibility.--

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(3)  [A] Notwithstanding paragraph (4.2), a member of the

National Guard shall be deemed to have been killed in the

performance of his or her duties if his or her death results

from performance of a duty required by his or her orders or

commander while in an official duty status authorized under

Federal or State law, regardless of whether or not he or she

is a resident of this Commonwealth at the time of the

member's death.

* * *

(d)  Administration.--

* * *

(3)  Written notification of the death of any member of

the National Guard, regardless of whether or not he or she is

a resident of this Commonwealth at the time of the member's

death, or other individual who is on Federal or State active

military duty who is a resident of this Commonwealth killed

in the performance of his or her duties shall be submitted to

PHEAA by the Adjutant General of the Department of Military

and Veterans Affairs within 20 days of the death of the

National Guard member or other individual.

* * *

Section 2.  The amendment of section 3(a), (b)(3) and (d)(3)

of the act shall be retroactive to September 11, 2001.

Section 3.  This act shall take effect immediately.