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SENATE AMENDED
PRIOR PRINTER'S NOS. 890, 1705 PRINTER'S NO. 2010
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 865
Session of
2025
INTRODUCED BY VENKAT, C. WILLIAMS, PIELLI, DOUGHERTY, HILL-
EVANS, MADDEN, PROBST, HOWARD, FREEMAN, MARCELL, SANCHEZ,
HOHENSTEIN, GUENST, CERRATO, SHUSTERMAN, STEELE, BOROWSKI,
KENYATTA, CEPEDA-FREYTIZ, RIVERA, STEHR, HANBIDGE, SAMUELSON,
GILLEN, INGLIS, T. DAVIS, K.HARRIS, RUSNOCK, SCHEUREN,
WEBSTER, GREEN AND KHAN, MARCH 11, 2025
SENATOR MASTRIANO, VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS,
IN SENATE, AS AMENDED, JUNE 24, 2025
AN ACT
Amending Title 51 (Military Affairs) of the Pennsylvania
Consolidated Statutes, in Military Family Education Program,
further providing for definitions, for eligibility, for
Military Family Education Program grants and for limitations.
AMENDING TITLE 51 (MILITARY AFFAIRS) OF THE PENNSYLVANIA
CONSOLIDATED STATUTES, IN EDUCATIONAL ASSISTANCE PROGRAM,
FURTHER PROVIDING FOR DEFINITIONS, FOR ELIGIBILITY AND FOR
RECOUPMENT OF GRANT PAYMENTS; AND, IN MILITARY FAMILY
EDUCATION PROGRAM, FURTHER PROVIDING FOR DEFINITIONS, FOR
ELIGIBILITY, FOR LIMITATIONS AND FOR RECOUPMENT OF MILITARY
FAMILY EDUCATION PROGRAM GRANT PAYMENTS.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "eligible member" in section
3210.1 of Title 51 of the Pennsylvania Consolidated Statutes is
amended to read:
§ 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
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context clearly indicates otherwise:
* * *
"Eligible member." A member of the Pennsylvania National
Guard who [has completed an initial service obligation in the
Pennsylvania National Guard and] is eligible to enlist or
reenlist in the Pennsylvania National Guard for a period of six
years or, if a commissioned officer, is eligible to serve in the
Pennsylvania National Guard for [an additional] six years.
* * *
Section 2. Sections 3210.2(a)(2), 3210.4(a) and 3210.6 of
Title 51 are amended to read:
§ 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:
* * *
(2) The eligible member accepted an obligation to serve
in the Pennsylvania National Guard for a period of six years
and has not accepted an obligation under Subchapter A
(relating to Educational Assistance Program) and this
subchapter for the same six-year period.
* * *
§ 3210.4. Military Family Education Program grants.
(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. A Military Family Education
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Program benefit shall only be renewable with each subsequent
six-year service commitment in the Pennsylvania National Guard.
* * *
§ 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 for each benefit earned.
(b) Assignment of benefit.--[An] For each benefit earned, 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.
Section 3. This act shall take effect in 60 days.
SECTION 1. THE DEFINITION OF "APPROVED PROGRAM OF EDUCATION"
IN SECTION 3201 OF TITLE 51 OF THE PENNSYLVANIA CONSOLIDATED
STATUTES IS 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
CONTEXT CLEARLY INDICATES OTHERWISE:
* * *
"APPROVED PROGRAM OF EDUCATION." A DEGREE-GRANTING OR
CERTIFICATE-GRANTING CURRICULUM, COURSE OF STUDY OR TRAINING
PROGRAM [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.], REFRESHER, REMEDIAL OR DEFICIENCY COURSE OR
PREPARATORY OR SPECIAL EDUCATION TRAINING COURSE NECESSARY TO
ENABLE THE INDIVIDUAL TO PURSUE AN APPROVED PROGRAM OF EDUCATION
ON A FULL-TIME OR PART-TIME BASIS OR ITS EQUIVALENT AS
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DETERMINED BY THE AGENCY, AT AN APPROVED INSTITUTION OF HIGHER
LEARNING.
* * *
SECTION 2. SECTIONS 3202 AND 3207 OF TITLE 51 ARE AMENDED TO
READ:
§ 3202. ELIGIBILITY.
(A) GENERAL RULE.--A MEMBER OF THE PENNSYLVANIA NATIONAL
GUARD IS ELIGIBLE TO RECEIVE AN EDUCATIONAL ASSISTANCE GRANT
UNDER THIS SUBCHAPTER IF THE MEMBER MEETS ALL OF THE FOLLOWING
ELIGIBILITY CRITERIA:
(2) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION [(C)] (D)
AND SECTION 3206(B) (RELATING TO LIMITATIONS), THE MEMBER IS
A MEMBER IN GOOD STANDING AND HAS BEEN A SATISFACTORY
PARTICIPANT IN PENNSYLVANIA NATIONAL GUARD ACTIVITIES FOR A
MINIMUM SERVICE PERIOD ESTABLISHED BY THE ADJUTANT GENERAL.
(3) THE MEMBER HAS ENROLLED AS A STUDENT IN AN APPROVED
PROGRAM OF EDUCATION AT AN APPROVED INSTITUTION OF HIGHER
LEARNING.
(B) ADDITIONAL ELIGIBILITY CRITERIA FOR FULL-TIME
EDUCATIONAL ASSISTANCE GRANTS.--IN ADDITION TO THE ELIGIBILITY
CRITERIA SPECIFIED IN SUBSECTION (A), AN ELIGIBLE MEMBER MUST
MEET THE FOLLOWING ELIGIBILITY CRITERIA TO QUALIFY FOR A FULL-
TIME 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 AND HAS
NOT ACCEPTED AN OBLIGATION UNDER SUBCH. A.1 (RELATING TO
MILITARY FAMILY EDUCATION PROGRAM) FOR THE SAME SIX-YEAR
PERIOD.
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(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
RESERVE FORCES DUTY SCHOLARSHIP.
[(C) DISCHARGE FOR DISABILITY INCURRED IN THE LINE OF
DUTY.--A MEMBER WHO IS DISCHARGED FOR MEDICAL DISABILITY AFTER
SEPTEMBER 11, 2001, SHALL REMAIN ELIGIBLE TO RECEIVE AN
EDUCATIONAL ASSISTANCE GRANT UNDER THIS SUBCHAPTER IF THE MEMBER
MEETS ALL OF THE FOLLOWING ELIGIBILITY 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 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 MEMBER RECEIVED AN OTHER THAN
DISHONORABLE DISCHARGE FOR MEDICAL REASONS.
(5) THE FORMER MEMBER 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.
(6) THE FORMER MEMBER COMMENCES A FULL-TIME OR PART-TIME
COURSE OF STUDY WITHIN TWO YEARS OF MEDICAL DISCHARGE OR
WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SUBSECTION,
SUCH COURSE OF STUDY HAVING A COMPLETION DATE OF NOT MORE
THAN SIX YEARS FOLLOWING THE DATE OF MEDICAL DISCHARGE FOR
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MEMBERS DISCHARGED FOR MEDICAL DISABILITY ON OR AFTER THE
EFFECTIVE DATE OF THIS SUBSECTION OR OF NOT MORE THAN SIX
YEARS FOLLOWING THE EFFECTIVE DATE OF THIS SUBSECTION FOR
MEMBERS DISCHARGED FOR A MEDICAL DISABILITY AFTER SEPTEMBER
11, 2001, AND BEFORE THE EFFECTIVE DATE OF THIS SUBSECTION.
THE ADJUTANT GENERAL MAY FOR GOOD CAUSE EXTEND THESE
DEADLINES WHEN THE FORMER MEMBER'S DISABILITY IS SHOWN TO
REQUIRE ADDITIONAL TIME FOR THE FORMER MEMBER TO COMMENCE OR
COMPLETE A COURSE OF STUDY.
(7) THE FORMER MEMBER MEETS ALL ELIGIBILITY CRITERIA
SPECIFIED IN SUBSECTIONS (A) AND (B) EXCEPT MEMBERSHIP IN THE
PENNSYLVANIA NATIONAL GUARD.]
(C.1) SUCCESSIVE CERTIFICATE.--UPON COMPLETION OF A SIX-YEAR
OBLIGATION FOR WHICH AN ELIGIBLE MEMBER RECEIVED AN EDUCATIONAL
ASSISTANCE GRANT CERTIFICATE OF ELIGIBILITY, AN ELIGIBLE MEMBER
MAY RECEIVE SUCCESSIVE EDUCATIONAL ASSISTANCE GRANT CERTIFICATES
OF ELIGIBILITY FOR A SUCCESSIVE SIX-YEAR COMMITMENT.
(D) RETENTION OF BENEFIT.--A MEMBER WHO RECEIVES AN OTHER
THAN DISHONORABLE DISCHARGE BEFORE COMPLETING THEIR SIX-YEAR
SERVICE OBLIGATION SHALL REMAIN ELIGIBLE FOR THE EARNED
PROPORTIONAL SHARE OF AN EDUCATIONAL ASSISTANCE GRANT UNDER THIS
SUBCHAPTER IF THE MEMBER MEETS ALL ELIGIBILITY REQUIREMENTS
OUTLINED IN SUBSECTIONS (A) AND (B), EXCEPT FOR CONTINUED
MEMBERSHIP IN THE PENNSYLVANIA NATIONAL GUARD. THE FORMER MEMBER
MUST BEGIN A COURSE OF STUDY WITHIN TWO YEARS OF THEIR
DISCHARGE, WITH THE PROGRAM SCHEDULED TO BE COMPLETED NO LATER
THAN SIX YEARS AFTER THE DATE OF DISCHARGE, AND MUST ALSO MEET
ONE OF THE FOLLOWING ADDITIONAL ELIGIBILITY CONDITIONS:
(1) THE MEMBER WAS DISCHARGED BECAUSE OF A MEDICAL
DETERMINATION THAT WAS NOT THE RESULT OF THE ELIGIBLE
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MEMBER'S MISCONDUCT;
(2) THE MEMBER WAS DISCHARGED AT THE CONVENIENCE OF THE
DEPARTMENT OR THE PENNSYLVANIA NATIONAL GUARD; OR
(3) THE EXISTENCE OF OTHER COMPELLING CIRCUMSTANCES
DETERMINED BY THE ADJUTANT GENERAL THAT WARRANT RETENTION OF
THE PROPORTIONAL OR FULL BENEFIT OR ADDITIONAL TIME TO
COMPLETE A COURSE OF STUDY.
§ 3207. RECOUPMENT OF GRANT PAYMENTS.
(A) GENERAL RULE.--[AN]
(1) EXCEPT AS PROVIDED IN PARAGRAPH (2), 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 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 REPAID BY THE ELIGIBLE MEMBER
UPON DEMAND BY THE AGENCY ON A SCHEDULE AS THE AGENCY MAY
DETERMINE.
(2) NOTWITHSTANDING SECTION 3204(B), AN ELIGIBLE MEMBER
WHO FAILS TO MEET THE SIX-YEAR SERVICE OBLIGATION OF THIS
SUBCHAPTER OR MEET OTHER REQUIREMENTS ESTABLISHED BY THE
ADJUTANT GENERAL SHALL ONLY BE LIABLE TO THE AGENCY FOR A
PROPORTIONAL SHARE OF THE PROMISSORY NOTE UNDER SECTION
3204(B). THE AGENCY SHALL REDUCE THE AMOUNT OWED BY AN
ELIGIBLE MEMBER BASED OFF THE TIME OF SERVICE OBLIGATION
COMPLETED.
(B) FORGIVENESS OF RECOUPMENT.--THE ADJUTANT GENERAL SHALL
NOTIFY THE AGENCY AND THE AGENCY SHALL FORGIVE RECOUPMENT OF ALL
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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 ONE OF THE
FOLLOWING:
(1) DEATH.
[(2) DISCHARGE BECAUSE OF DISABILITY INCURRED IN LINE OF
DUTY.
(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.]
(2.1) DISCHARGE BECAUSE OF A MEDICAL DETERMINATION THAT
IS NOT DUE TO THE ELIGIBLE MEMBER'S MISCONDUCT.
(3.1) DISCHARGE AT THE CONVENIENCE OF THE DEPARTMENT OR
THE PENNSYLVANIA NATIONAL GUARD.
(4) THE EXISTENCE OF OTHER COMPELLING CIRCUMSTANCES THAT
WARRANT FORGIVENESS.
SECTION 3. THE DEFINITION OF "APPROVED PROGRAM OF EDUCATION"
IN SECTION 3210.1 OF TITLE 51 IS AMENDED TO READ:
§ 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:
* * *
"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.],
REFRESHER, REMEDIAL OR DEFICIENCY COURSE OR PREPARATORY OR
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SPECIAL EDUCATION TRAINING COURSE NECESSARY TO ENABLE THE
INDIVIDUAL TO PURSUE AN APPROVED PROGRAM OF EDUCATION ON A FULL-
TIME OR PART-TIME BASIS OR ITS EQUIVALENT AS DETERMINED BY THE
AGENCY, AT AN APPROVED INSTITUTION OF HIGHER LEARNING.
* * *
SECTION 4. SECTIONS 3210.2, 3210.6(A) AND 3210.7 OF TITLE 51
ARE AMENDED TO READ:
§ 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 FROM THE PENNSYLVANIA NATIONAL
GUARD HAS BEEN A SATISFACTORY PARTICIPANT IN THE PENNSYLVANIA
NATIONAL GUARD ACTIVITIES FOR A MINIMUM SERVICE PERIOD
ESTABLISHED BY THE ADJUTANT GENERAL OR A FORMER ELIGIBLE
MEMBER HAS RECEIVED AN OTHER THAN DISHONORABLE DISCHARGE.
(2) THE ELIGIBLE MEMBER ACCEPTED AN OBLIGATION TO SERVE
IN THE PENNSYLVANIA NATIONAL GUARD FOR A PERIOD OF SIX YEARS
AND HAS NOT ACCEPTED AN OBLIGATION UNDER SUBCHAPTER A
(RELATING TO EDUCATIONAL ASSISTANCE PROGRAM) FOR THE SAME
SIX-YEAR PERIOD. UPON COMPLETION OF A SIX-YEAR OBLIGATION FOR
WHICH AN ELIGIBLE MEMBER RECEIVED A MILITARY FAMILY EDUCATION
PROGRAM GRANT, AN ELIGIBLE MEMBER MAY RECEIVE SUCCESSIVE
MILITARY FAMILY EDUCATION PROGRAM GRANTS FOR A SUCCESSIVE
SIX-YEAR COMMITMENT.
(3) THE ELIGIBLE MEMBER HAS ASSIGNED THE BENEFIT TO THE
FAMILY MEMBER.
(4) THE FAMILY MEMBER HAS ENROLLED AS A STUDENT IN AN
APPROVED PROGRAM OF EDUCATION AT AN APPROVED INSTITUTION OF
HIGHER LEARNING.
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(5) IF THE FAMILY MEMBER IS A SPOUSE OF AN ELIGIBLE
MEMBER OR FORMER ELIGIBLE MEMBER, THEN THE SPOUSE SHALL
ENROLL IN AN APPROVED PROGRAM OF EDUCATION NOT MORE THAN SIX
YEARS AFTER THE ELIGIBLE MEMBER OR FORMER ELIGIBLE MEMBER'S
DATE OF SEPARATION, MEDICAL DISCHARGE OR DEATH AND THE
OBLIGATION STATED UNDER PARAGRAPH (2) HAS BEEN FULFILLED. 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
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 FORMER 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.
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(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.]
(B.1) RETENTION OF BENEFIT.--A FAMILY MEMBER OF AN ELIGIBLE
MEMBER WHO RECEIVED AN OTHER THAN DISHONORABLE DISCHARGE PRIOR
TO COMPLETING THE SIX-YEAR OBLIGATION, SHALL REMAIN ELIGIBLE TO
RECEIVE THE EARNED PROPORTIONAL SHARE OF A MILITARY FAMILY
EDUCATION PROGRAM GRANT UNDER THIS SUBCHAPTER IF THE FORMER
ELIGIBLE MEMBER MEETS ONE THE FOLLOWING CRITERIA:
(1) THE MEMBER WAS DISCHARGED BECAUSE OF A MEDICAL
DETERMINATION THAT WAS NOT THE RESULT OF THE ELIGIBLE
MEMBER'S MISCONDUCT;
(2) THE MEMBER WAS DISCHARGED AT THE CONVENIENCE OF THE
DEPARTMENT OR THE PENNSYLVANIA NATIONAL GUARD; OR
(3) THE EXISTENCE OF OTHER COMPELLING CIRCUMSTANCES
DETERMINED BY THE ADJUTANT GENERAL THAT WARRANT RETENTION OF
THE PROPORTIONAL OR FULL BENEFIT.
(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
DECEASED ELIGIBLE MEMBER MET THE FOLLOWING ELIGIBILITY CRITERIA
AT THE TIME OF DEATH:
(1) THE DECEASED ELIGIBLE MEMBER WAS ELIGIBLE FOR AN
OTHER THAN DISHONORABLE DISCHARGE.
(2) THE DECEASED ELIGIBLE MEMBER HAD ACCEPTED AN
OBLIGATION TO SERVE IN THE PENNSYLVANIA NATIONAL GUARD AND
WAS QUALIFIED TO FULFILL THE SERVICE OBLIGATION BUT FOR THE
ELIGIBLE MEMBER'S DEATH.
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(3) 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 SURVIVING SPOUSE OR
THE ADMINISTRATOR OR EXECUTOR OF THE ESTATE SHALL DESIGNATE
THE FAMILY MEMBER OR FAMILY MEMBERS TO RECEIVE THE MILITARY
FAMILY EDUCATION PROGRAM GRANT.
§ 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 PER SIX-YEAR COMMITMENT.
* * *
§ 3210.7. RECOUPMENT OF MILITARY FAMILY EDUCATION PROGRAM GRANT
PAYMENTS.
(A) GENERAL RULE.--[AN]
(1) EXCEPT AS PROVIDED IN PARAGRAPH (2), 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.
(2) NOTWITHSTANDING SECTION 3210.4(B), AN ELIGIBLE
MEMBER WHO FAILS TO MEET THE SIX-YEAR SERVICE OBLIGATION OF
THIS SUBCHAPTER OR MEET OTHER REQUIREMENTS ESTABLISHED BY THE
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ADJUTANT GENERAL SHALL ONLY BE LIABLE TO THE AGENCY FOR A
PROPORTIONAL SHARE OF THE PROMISSORY NOTE UNDER SECTION
3210.4(B). THE AGENCY SHALL REDUCE THE AMOUNT OWED BY AN
ELIGIBLE MEMBER BASED OFF THE TIME OF SERVICE OBLIGATION
COMPLETED.
(B) FORGIVENESS OF RECOUPMENT.--UPON NOTIFICATION BY THE
ADJUTANT GENERAL, THE AGENCY SHALL FORGIVE RECOUPMENT OF ALL OR
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] WAS NOT DUE TO THE ELIGIBLE MEMBER'S
MISCONDUCT.
(3.1) THE ELIGIBLE MEMBER'S DISCHARGE AT THE CONVENIENCE
OF THE DEPARTMENT OR THE PENNSYLVANIA NATIONAL GUARD.
(4) THE EXISTENCE OF OTHER COMPELLING CIRCUMSTANCES THAT
WARRANT FORGIVENESS.
SECTION 5. THE DEPARTMENT OF MILITARY AND VETERANS AFFAIRS
SHALL ISSUE A POLICY STATEMENT ADDRESSING THE IMPLEMENTATION OF
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THE ADDITION OF 51 PA.C.S. §§ 3202(D) AND 3210.2(B.1).
SECTION 6. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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