act-1990-0-174•Pennsylvania Act 1990-174 — MILITARY CODE (51 PA.C.S.) - AMEND
Pennsylvania Act 1990-174 — MILITARY CODE (51 PA.C.S.) - AMEND
act-1990-0-1741990 Pa. Act 174Law
Act text
MILITARY CODE (51 PA.C.S.) - AMEND
Act of Dec. 17, 1990, P.L. 700, No. 174 Cl. 51
Session of 1990
No. 1990-174
AN ACT
SB 1366
Amending Title 51 (Military Affairs) of the Pennsylvania
Consolidated Statutes, extending the period of existence of
the Pennsylvania Veterans' Memorial Commission; further
providing for leaves of absence and for employment
discrimination involving military status of members of the
Pennsylvania National Guard and other reserve components of
the armed forces of the United States; and further providing
for powers and duties of the Department of Military Affairs
relating to employment discrimination.
The General Assembly finds and declares as follows:
(1) It is the intention of the General Assembly, as a
matter of public policy, to reaffirm the support of this
Commonwealth for members of the National Guard and other
reserve components of the armed forces of the United States.
(2) The General Assembly recognizes that today's
National Guard and reserve component forces are essential
elements of our nation's total force for national defense and
that members of the National Guard and other reserve
components of the armed forces of the United States may be
called or ordered to active duties in support of a wide
variety of military contingencies and operations throughout
the world.
(3) The General Assembly recognizes that the
Pennsylvania National Guard provides vital support for this
Commonwealth by constituting a well-trained, equipped and
disciplined military force to respond to emergencies and
other contingencies within this Commonwealth.
(4) The General Assembly finds and declares that the
laws of this Commonwealth, providing support for the National
Guard and other reserve components of the armed forces of the
United States, should be updated in light of the current
duties and responsibilities of the National Guard and reserve
component forces as part of the total force.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 702 and 902 of Title 51 of the
Pennsylvania Consolidated Statutes are amended by adding
paragraphs to read:
§ 702. Duties of department.
The department shall have the power and its duty shall be:
* * *
(12) To investigate the circumstances and adjudicate in
accordance with Title 2 (relating to administrative law and
procedure) complaints of violations of Chapters 41 (relating
to rights and immunities) and 73 (relating to military leave
of absence), including complaints of employment
discrimination against and violation of reemployment rights
of members of the National Guard and other reserve components
of the armed forces of the United States. The authority
granted in this paragraph shall not extend to those
circumstances that the Federal Government has jurisdiction to
investigate.
§ 902. General powers and duties of Adjutant General.
The Adjutant General as head of the department is responsible
to the Commonwealth and to the Governor for the organization and
functioning of said department, and the performance and carrying
out of all the duties, powers and responsibilities given or
delegated. In addition he is hereby authorized and directed to:
* * *
(13) Approve issuance of a policy or policies of group
life insurance to an association or associations to cover
members of the Pennsylvania National Guard.
Section 2. Section 1906 of Title 51 is amended to read:
§ 1906. Expiration of chapter.
This chapter shall expire on [December 31, 1990] June 30,
1992.
Section 3. Title 51 is amended by adding a section to read:
§ 3105. Association group life insurance for Pennsylvania
National Guard.
The Adjutant General may approve issuance of group life
insurance to nonprofit membership associations for members of
the Pennsylvania National Guard, subject to the following
requirements:
(1) The members eligible for insurance under the policy
shall all be members of the Pennsylvania National Guard or
their spouses or dependents. A member of the Pennsylvania
National Guard who becomes insured under this program while a
member may continue the insurance, including group term life
insurance, after discharge or retirement from the
Pennsylvania National Guard.
(2) The premium for the policy shall be paid by the
individual members of the Pennsylvania National Guard or
their spouses or dependents who elect to participate in the
insurance plan either by direct payment or by allotment from
military pay. An individual family member may insure his
spouse or dependent without their signature or approval.
(3) The policy must cover at least 25 members of the
Pennsylvania National Guard at the time of issue.
(4) The amounts of insurance under the policy must not
exceed $100,000 per individual insured member and $25,000 per
insured spouse or dependent.
(5) Participation in the insurance plan must be
voluntary.
(6) Except as otherwise provided by this section, the
policy or policies must comply with the provisions of the act
of May 11, 1949 (P.L.1210, No.367), referred to as the Group
Life Insurance Policy Law, and be approved by the Insurance
Commissioner and the Adjutant General.
(7) The same policy can be made available to any
Pennsylvania resident who is a member of a reserve component
of the armed forces.
Section 4. Sections 4102 and 7302 of Title 51 are amended to
read:
§ 4102. Leaves of absence for certain government employees.
(a) Mandatory.--All officers and employees of the
Commonwealth, or its instrumentalities, or any political
subdivision thereof, or its instrumentalities, who are
[commissioned or enlisted] members of the Pennsylvania National
Guard, shall be entitled to leave of absence from their
respective duties without loss of pay, time or efficiency rating
on all days during which they shall, as members of the
Pennsylvania National Guard, be engaged in active State duty.
All such officers and employees shall, in addition, be entitled
to leave of absence from their respective duties without loss of
pay, time or efficiency rating on all days not exceeding 15 days
in any one year during which they shall, as members of the
Pennsylvania National Guard, be engaged in training or other
military duty under orders authorized by law. All such officers
and employees shall, in addition, be entitled to unpaid leave of
absence from their respective duties without loss of seniority
or efficiency rating on all days in excess of 15 days per year
during which they shall be engaged in training or other military
duty under orders authorized by law.
(b) Discretionary.--The Commonwealth, its instrumentalities
and political subdivisions thereof and their instrumentalities
shall be authorized and permitted to provide paid military leave
or other compensation and/or continue medical and other benefits
to members of the Pennsylvania National Guard and other reserve
components of the United States Armed Forces for days in excess
of 15 per year when the member shall be engaged in training or
other military duty under orders authorized by law.
§ 7302. Granting military leaves of absence.
(a) Enlistment or draft.--Whenever any employee shall, in
time of war or armed conflict, or emergency proclaimed by the
Governor or by the President of the United States, enlist or
shall, at any time, be drafted into the active military service
of the United States, he shall be automatically granted a
military leave of absence. So long as an employee is on military
leave of absence, he shall not be removed from his employment
and his duties shall either be performed by other employees or
by a temporary substitute. During such time he shall not receive
any remuneration from his civilian employer.
(b) Reserve components.--Whenever any employee who is a
member of a reserve component of the armed forces shall be
called or ordered to active duty by the United States and
whenever any employee who is a member of the Pennsylvania
National Guard shall be ordered to active State duty or special
State duty by the Governor or his designee, he shall
automatically be granted a military leave of absence.
Section 5. Section 7303 of Title 51 is amended by adding a
subsection to read:
§ 7303. Expiration of military leaves of absence.
* * *
(c) Employees who were members of reserve components.--Every
military leave of absence granted to an employee by reason of
his having been called or ordered to military duty as a member
of a reserve component of the armed forces of the United States
shall expire 90 days after the expiration of the period of the
military duty. Every military leave of absence granted to an
employee by reason of his having been ordered to active State
duty or special State duty as a member of the Pennsylvania
National Guard shall expire 30 days after the expiration of the
period of the State duty.
Section 6. Section 7309 of Title 51 is amended to read:
§ 7309. Employment discrimination for military membership or
duty.
(a) General rule.--It is unlawful for the Commonwealth or
any of its departments, boards, commissions, agencies or any
political subdivision, or for any private employer, to refuse to
hire or employ any individual not on extended active duty
because of his membership in the National Guard or any one of
the other reserve components of the armed forces of the United
States, or because he is called or ordered to active State duty
or special State duty by the Governor during an emergency or as
otherwise authorized by law, or because he is called or ordered
to active duty by the Federal Government under provisions of 10
U.S.C. (relating to armed forces) or 32 U.S.C. (relating to
National Guard), or to discharge from employment such
individual, or to otherwise discriminate against such individual
with respect to compensation, hire, tenure, terms, conditions or
privileges of employment because of such membership, or because
he is called or ordered to active State duty by the Governor
during an emergency or because he is called or ordered to other
military duty authorized by law.
(b) Reemployment following emergency or other military
duty.--Upon the completion of such emergency or other military
duty any such member of the Pennsylvania National Guard or any
other reserve component of the armed forces of the United States
shall be restored by such public or private employer or his
successor in interest to such position or to a position of like
seniority, status and pay which such member held prior to such
emergency or other military duty, but if any such member is not
qualified to perform the duties of such position by reason of
disability sustained during such emergency or other military
duty but qualified to perform the duties of any other position
in the employ of such private employer or his successor in
interest, such member shall be restored to such other position,
the duties of which he is qualified to perform, as will provide
him like seniority, status and pay, or the nearest approximation
thereof consistent with the circumstances of the case, unless
such public or private employer's or his successor in [interest]
interests, circumstances have so changed as to make it
impossible or unreasonable to do so.
(c) Extension of benefits during military duty.--Whenever a
member of the Pennsylvania National Guard is called or ordered
into active Federal service or active State duty under orders
authorized by law or a member of any reserve component is called
or ordered onto active duty, other than active duty for
training, the public or private employer of the member shall, at
no cost to the member, continue health insurance and other
benefits in effect for at least the first 30 days of the
military duty. After the expiration of the first 30 days, the
public or private employer shall give the member of the National
Guard or other reserve component the voluntary option of
continuing such health insurance and other benefits in effect at
his own expense by paying for the insurance or benefits at the
same rates paid by the employer, and the insurance coverage
shall continue, except for injuries incurred in the line of
military duty.
Section 7. Title 51 is amended by adding sections to read:
§ 7312. Stay of eviction or distress during military service.
(a) General rule.--Whenever any member of the Pennsylvania
National Guard or other reserve component of the armed forces of
the United States shall be called or ordered to active duty,
other than active duty for training, or, in the case of members
of the Pennsylvania National Guard, shall be called or ordered
to active State duty, no eviction or distress shall be made of
premises occupied chiefly for dwelling purposes by the member or
any member of his family or other dependents, except upon leave
of court granted upon application therefor or granted in an
action or proceeding affecting the right of possession.
(b) Stay of proceedings.--On any such application or in any
action brought pursuant to subsection (a), the court may, in its
own discretion, on its own motion, and shall, on application of
the member of the Pennsylvania National Guard or other reserve
component of the armed forces of the United States, any member
of his family or dependent, stay the proceedings for six months
unless, in the opinion of the court, the ability of the tenant
to pay the agreed rent is not materially affected by reason of
the military service. The court may make such other order as may
be just under the circumstances, including an order temporarily
adjusting the rental payments.
(c) Impacts on landlords.--When a stay of eviction is
granted or other order is made by the court, the owner of the
premises shall be entitled, upon application therefor, to such
relief as the court may determine just and equitable under the
circumstances, including an order for the member to pay the
arrearage in rent upon release from military duty to the extent
and for such period as may appear to the court to be just.
§ 7313. Educational leave of absence.
Whenever any member of the Pennsylvania National Guard or
other reserve component of the armed forces of the United States
shall be called or ordered to active duty, other than active
duty for training, including, in the case of members of the
Pennsylvania National Guard, active State duty, the educational
institution in which the member is enrolled shall grant the
member a military leave of absence from their education. Persons
on military leave of absence from their educational institution
shall be entitled, upon release from military duty, to be
restored to the educational status they had attained prior to
their being ordered to military duty without loss of academic
credits earned, scholarships or grants awarded or tuition and
other fees paid prior to the commencement of the military duty.
It shall be the duty of the educational institution to refund
tuition or fees paid or to credit the tuition and fees to the
next semester or term after the termination of the educational
military leave of absence at the option of the student.
§ 7314. Stay of proceedings when military service affects
conduct thereof.
At any stage thereof any action or proceeding in any court in
which a person in military service is involved, either as
plaintiff or defendant, during the period of such service or
within 60 days thereafter may, in the discretion of the court in
which it is pending, on its own motion, and shall, on
application to it by such person or some person on his behalf,
be stayed as provided in the act of October 17, 1940, known as
the Soldiers' and Sailors' Civil Relief Act of 1940 (54 Stat.
1178, 50 U.S.C. app. § 501 et seq.), unless, in the opinion of
the court, the ability of the plaintiff to prosecute the action
or the defendant to conduct his defense is not materially
affected by reason of his military service.
Section 8. This act shall be retroactive to August 1, 1990.
Section 9. This act shall take effect immediately.
APPROVED--The 17th day of December, A. D. 1990.
ROBERT P. CASEY
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