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A00847
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1324
Session of
2019
INTRODUCED BY BARRAR, SAINATO, 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, O'NEAL,
POLINCHOCK, PYLE, READSHAW, RIGBY, ROTHMAN, RYAN, SAPPEY,
SAYLOR, SCHMITT, SNYDER, STRUZZI, ULLMAN AND WHITE,
APRIL 25, 2019
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, APRIL 25, 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
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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
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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.
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"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.
(c) Discharge for disability incurred in the line of duty.--
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
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higher learning for the number of credit hours per semester
or its equivalent in which the eligible member is enrolled;
or
(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.]
(c) Other grants and financial aid.--
(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).
(c) Limit on charges.--Eligible members attending a State
System of Higher Education institution shall not be charged
additional tuition above the annual tuition rate.
(c) (d) Limit on tuition.--At no time may a State System of
Higher Education institution charge an eligible member more than
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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.
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(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
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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).
(c) Administrative action prohibited.--No administrative
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.
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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,
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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
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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 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
active duty for training, a family member who is the spouse
may withdraw from a program of education and shall be granted
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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.
(c) Death of an eligible member.--A family member of an
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:
(1) The deceased eligible member was in good standing
with the Pennsylvania National Guard.
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(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
Family Education Program the eligible member shall sign a
promissory note obligating the eligible member to repay the full
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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
Higher Education institution for the number of credit hours
per semester or its equivalent in which the family member is
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enrolled for the same academic year or period.
(c) Other grants and financial aid.--
(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
Education Program grants proportionately or set a limit on the
number of participants to ensure that sums expended do not
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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.
(b) Forgiveness of recoupment.--Upon notification by the
Adjutant General, the agency shall forgive recoupment of all or
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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.
(b) Limitation.--Administrative costs for the fiscal year in
which the Military Family Education Program is enacted, and each
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fiscal year thereafter, shall not exceed 3.5% of the total
amount of funds appropriated.
(c) Initial use of funds.--Initial funding for the first 12-
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.
(c) Administrative action prohibited.--No administrative
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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