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HOUSE AMENDED
A05154
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
849
Session of
2021
INTRODUCED BY STEFANO, BAKER, COSTA, MENSCH, MUTH, SCHWANK,
BREWSTER, ROBINSON, J. WARD, MASTRIANO, PITTMAN AND COLLETT,
AUGUST 30, 2021
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 22, 2022
AN ACT
Amending Title 51 (Military Affairs) of the Pennsylvania
Consolidated Statutes, in veterans' preference, further
providing for definitions; and, in voluntary veterans'
preference in private employment, further providing for
definitions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "surviving spouse" and
"veteran" in sections 7101.2 and 7202 of Title 51 of the
Pennsylvania Consolidated Statutes, amended or added October 29,
2020 (P.L.1045, No.102), are amended and the sections are
amended by adding definitions to read:
§ 7101.2. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Surviving spouse." An unmarried spouse of a deceased
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[service member] veteran KILLED ON ACTIVE DUTY OR A VETERAN
veteran or of a service member who died on active duty in the
United States Armed Forces, including a reserve component or
National Guard.
"Under conditions other than dishonorable." A condition in
which a recipient of a discharge from service is any of the
following:
(1) A recipient of an honorable discharge.
(2) A recipient of a general, under honorable
conditions, discharge.
(3) A recipient of a discharge under other than
honorable DISHONORABLE conditions for which the recipient has
been determined to be eligible for benefits afforded by the
United States Department of Veterans Affairs.
"Veteran." The term includes:
(1) An individual who served, as evidenced by the
veteran's discharge papers, separation documents or statement
of service, or hereafter serves in any of the following:
(i) in the armed forces of the United States,
including a reserve component or National Guard, has
completed their initial contractual military service
obligation and their last discharge or release was under
conditions other than dishonorable;
(ii) in the armed forces of the United States,
including a reserve component or National Guard, has
served during a period of war or armed conflict as
determined by the United States Department of Defense,
has completed a tour of active duty for purposes other
than training, was released from that period of active
duty under conditions other than dishonorable and
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continues to serve; [or]
(iii) in the armed forces of the United States,
including a reserve component or National Guard, has
completed an initial contractual military service
obligation and continues to serve[.]; or
(iv) in the armed forces of the United States,
including a reserve component or National Guard, whose
last discharge was due to a disability and under
conditions other than dishonorable.
(2) An active duty member of the armed forces of the
United States who is completing a tour of active duty that is
three years or more and is within 90 days of an approved
discharge or release, as evidenced by documentation of the
projected discharge or release from active duty under
conditions other than dishonorable.
§ 7202. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Surviving spouse." An unmarried spouse of a deceased
[service member] veteran or of a service member who died on
active duty in the United States Armed Forces, including a
reserve component or National Guard.
"Under conditions other than dishonorable." A condition in
which a recipient of a discharge from service is any of the
following:
(1) A recipient of an honorable discharge.
(2) A recipient of a general, under honorable
conditions, discharge.
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(3) A recipient of a discharge under other than
honorable DISHONORABLE conditions for which the recipient has
been determined to be eligible for benefits afforded by the
United States Department of Veterans Affairs.
"Veteran." The term includes:
(1) An individual who served, as evidenced by the
veteran's discharge papers or separation documents, or
hereafter serves in any of the following:
(i) in the armed forces of the United States,
including a reserve component or National Guard, has
completed their initial contractual military service
obligation and their last discharge or release was under
conditions other than dishonorable;
(ii) in the armed forces of the United States,
including a reserve component or National Guard, has
served during a period of war or armed conflict as
determined by the United States Department of Defense,
has completed a tour of active duty for purposes other
than training, was released from that period of active
duty under conditions other than dishonorable and
continues to serve; [or]
(iii) in the armed forces of the United States,
including a reserve component or National Guard, has
completed an initial contractual military service
obligation and continues to serve[.]; or
(iv) in the armed forces of the United States,
including a reserve component or National Guard, whose
last discharge was due to a disability and under
conditions other than dishonorable.
(2) An active duty member of the armed forces of the
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United States who is completing a tour of active duty that is
three years or more and is within 90 days of an approved
discharge or release, as evidenced by documentation of the
projected discharge or release from active duty under
conditions other than dishonorable.
* * *
Section 2. This act shall take effect in 60 days.
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