act-1998-0-129•Pennsylvania Act 1998-129 — POLICE OFFICER, FIREFIGHTER, CORRECTION EMPLOYEE AND NATIONAL GUARD MEMBER CHILD BENEFICIARY EDUCATION ACT
Pennsylvania Act 1998-129 — POLICE OFFICER, FIREFIGHTER, CORRECTION EMPLOYEE AND NATIONAL GUARD MEMBER CHILD BENEFICIARY EDUCATION ACT
act-1998-0-1291998 Pa. Act 129Law
Act text
POLICE OFFICER, FIREFIGHTER, CORRECTION EMPLOYEE AND NATIONAL GUARD
MEMBER CHILD BENEFICIARY EDUCATION ACT
Act of Dec. 16, 1998, P.L. 980, No. 129 Cl. 24
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.
The General Assembly finds and declares as follows:
(1) Pennsylvania's police officers, firefighters and
correction employees risk their lives daily to protect the
citizens of this Commonwealth and their property.
(2) The services performed by police officers,
firefighters, correction employees and National Guard members
are necessary to the protection of the health, safety and
welfare of the citizens of this Commonwealth.
(3) Some Pennsylvania police officers, firefighters and
correction employees have lost or will lose their lives in
the performance of their duties.
(4) Many members of the National Guard perform dangerous
duties in times of emergency and civil disorder in order to
protect the lives and property of the residents of this
Commonwealth.
(5) It is therefore the intent of the General Assembly
to recognize the ultimate sacrifice made by police officers,
firefighters, correction employees and National Guard members
killed in the performance of their duties by providing a
postsecondary educational gratuity for their children at
community colleges and State-owned or State-related
institutions in this Commonwealth.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Police
Officer, Firefighter, Correction Employee and National Guard
Member Child Beneficiary Education Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Associate degree." An undergraduate degree awarded by a
community college, a State-related institution or a State-owned
institution.
"Baccalaureate degree." An undergraduate degree awarded by a
State-owned or State-related institution.
"Child" or "children." A resident of this Commonwealth who
is the child by birth or adoption of a deceased police officer,
firefighter, correction employee or National Guard member killed
in the performance of his or her duties.
"Community college." A public college or technical institute
which is established and operated under Article XIX-A of the act
of March 10, 1949 (P.L.30, No.14), known as the Public School
Code of 1949, and all branches or campuses of a community
college.
"Correction employee." An individual employed on a full-time
basis at a State or county correctional facility who has care,
custody and control of inmates.
"Educational gratuity." The waiver by a community college or
a State-owned or State-related institution of tuition, fees and
room and board charges for an eligible child.
"Firefighter." An individual employed in that capacity on a
full-time basis by a municipality or a member of a volunteer
fire company of this Commonwealth. The term includes members of
a rescue squad or ambulance service as defined in the act of
June 24, 1976 (P.L.424, No.101), referred to as the Emergency
and Law Enforcement Personnel Death Benefits Act.
"Member of the National Guard." A person who is an active
member in good standing in the Pennsylvania National Guard.
"Municipality." A county, city, borough, incorporated town
or township, regardless of form of government.
"Pennsylvania Higher Education Assistance Agency" or "PHEAA."
The Pennsylvania Higher Education Assistance Agency created by
the act of August 7, 1963 (P.L.549, No.290), referred to as the
Pennsylvania Higher Education Assistance Agency Act.
"Police officer." An individual employed on a full-time or
part-time basis by the Commonwealth as a member of the
Pennsylvania State Police Force or an individual employed on a
full-time or part-time basis as a police officer by a
municipality of this Commonwealth.
"Program." The Postsecondary Educational Gratuity Program
created by this act.
"Room and board charge." The amount charged by a community
college or a State-owned or State-related institution for
provision of lodging and meals to students enrolled at the
community college or State-owned or State-related institution.
"State-owned institution." An institution which is part of
the State System of Higher Education under Article XX-A of the
act of March 10, 1949 (P.L.30, No.14), known as the Public
School Code of 1949, and all branches and campuses of a State-
owned institution.
"State-related institution." The Pennsylvania State
University, the University of Pittsburgh, Temple University, the
Pennsylvania College of Technology and Lincoln University.
"Total institution charges." Tuition and fees plus room and
board charges.
"Tuition and fees." The instructional charge and any other
fee established by the governing board of a community college
for Commonwealth residents attending the community college or
the instructional fee established by the Board of Governors of
the State System of Higher Education for Commonwealth residents
attending State-owned institutions. The term includes tuition
and fees set by the respective governing bodies of the State-
related institutions.
"Volunteer fire company." A nonprofit chartered corporation,
association or organization located in this Commonwealth which
provides fire protection services within this Commonwealth.
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. ((a) amended Nov. 30, 2004,
P.L.1663, No.210)
(b) Eligibility.--
(1) Police officers shall be deemed to have been killed
in the performance of their duties if death results from job-
related injuries sustained or inflicted while performing any
of the following:
(i) Answering an emergency call.
(ii) Conducting interrogations of crime suspects or
interrogations pursuant to a response to an emergency
call.
(iii) Conducting vehicle stops for traffic
violations.
(iv) Actively responding to requests for assistance
from the public.
(v) Maintaining order and security at the scene of
an emergency.
(2) Firefighters shall be deemed to have been killed in
the performance of their duties if death results from job-
related injuries sustained or inflicted while performing any
of the following:
(i) Being present at the scene of a fire or going to
and from a fire. In the case of volunteer firefighters,
going to and from a fire shall include traveling from and
directly returning to the firefighter's home, place of
business or other location where the firefighter was when
the fire call or alarm was received for a fire which the
firefighter's volunteer fire company attended.
(ii) Answering an emergency call.
(iii) Maintaining order and security at the scene of
an emergency.
(3) 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.
(4) Correction employees shall be deemed to have been
killed in the performance of their duties if death results
from job-related injuries sustained or inflicted while
maintaining order and security or otherwise carrying out
their duties at a correctional facility.
(4.1) Sheriffs and deputy sheriffs shall be deemed to
have been killed in the performance of their duties if death
results from job-related injuries sustained or inflicted
while maintaining order and security or otherwise carrying
out their duties as a sheriff or deputy sheriff.
(4.2) An individual who is on Federal or State active
military duty who is a resident of this Commonwealth shall be
deemed to have been killed in the performance of duty if
death results from performance of a duty required by his or
her orders or commander while in an official duty status.
(5) Notwithstanding the provisions of this section,
deaths which occur as the direct and proximate result of
preexisting physical conditions, diseases or illnesses shall
be excluded from eligibility under this section.
(6) Any child of a police officer, firefighter,
correction employee, sheriff, deputy sheriff or National
Guard member killed in the performance of his or her duties
shall be eligible for an educational gratuity provided the
child is 25 years of age or younger at the time of
application for participation in this program, meets all
admission requirements of the community college or State-
owned or State-related institution to which application is
made and is enrolled as a full-time student at a community
college or a State-owned or State-related institution.
(7) A child who is 25 years of age or younger at the
time of the child's application for participation in this
program and who meets all other eligibility requirements may
receive an educational gratuity for up to five years provided
the child otherwise continues to be eligible for
participation.
((b) amended Nov. 30, 2004, P.L.1663, No.210)
(c) Scope of benefit.--
(1) The benefit available under this section shall be
provided only for full-time students who are pursuing
undergraduate studies leading to an associate degree or a
baccalaureate degree.
(2) A child becomes eligible for this benefit after he
or she has applied for available scholarships and Federal and
State grants to cover tuition and room and board costs. The
child must provide a record of application for such financial
aid to the community college or State-owned or State-related
institution to which he or she is applying.
(3) A community college or a State-owned or State-
related institution shall waive all remaining tuition and
room and board charges (total tuition, room and board and
fees minus awarded scholarships and Federal and State grants)
for an eligible child during the time the child is enrolled
as a full-time student provided the child meets all
requirements for admission to the community college or State-
owned or State-related institution and during the child's
enrollment complies with all requirements of the institution
for continued attendance and award of an associate degree or
a baccalaureate degree.
(d) Administration.--
(1) Copies of all police officer and firefighter death
certifications received by the Department of General Services
under the act of June 24, 1976 (P.L.424, No.101), referred to
as the Emergency and Law Enforcement Personnel Death Benefits
Act, shall be provided by the Department of General Services
to PHEAA within 20 days of their receipt.
(2) Written notification of the death of any correction
employee killed in the performance of his or her duties shall
be submitted to PHEAA by the Secretary of Corrections within
20 days of the death of the employee.
(2.1) Written notification of the death of any sheriff
or deputy sheriff killed in the performance of his or her
duties shall be submitted to PHEAA by the county
commissioners of the county in which the sheriff was elected
or deputy sheriff was employed within 20 days of the death of
the employee.
(3) Written notification of the death of any member of
the National Guard 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.
(4) Applications for an educational gratuity shall be
submitted to PHEAA by the child or the surviving parent or
guardian of the child, together with a certified copy of the
child's birth certificate or adoption record or other
documentation of birth or adoption acceptable to PHEAA. The
application shall include a copy of the child's letter of
acceptance at a community college or a State-owned or State-
related institution. If no death certification has been
received from the Department of General Services, Secretary
of Corrections or Adjutant General of the Department of
Military and Veterans Affairs, PHEAA may elect to accept
other documentation certifying that the child's parent was a
police officer, firefighter, correction employee or National
Guard member killed during the performance of his or her
duties.
(5) Within 30 days of receipt of a completed
application, PHEAA shall send written notice to the child and
the community college or State-owned or State-related
institution of the child's eligibility or noneligibility for
participation in this program. If the child is determined not
to be eligible for an educational gratuity, the notice shall
include the reason or reasons for such determination and an
indication that an appeal of PHEAA's determination may be
made pursuant to 2 Pa.C.S. (relating to administrative law
and procedure).
(6) Upon receipt of notification of the child's
eligibility from PHEAA, a community college or a State-owned
or State-related institution is prohibited from charging the
child or the child's parent or guardian any tuition fee or
room and board charge. If moneys have been received by the
community college or the State-owned or State-related
institution for these purposes, those moneys must be refunded
in full within 30 days of receipt by the community college or
the State-owned or State-related institution of the notice of
the child's eligibility.
(7) Each community college or State-owned or State-
related institution at which an eligible child is enrolled
shall notify PHEAA upon the child's graduation or when the
child is no longer enrolled at the community college or
State-owned or State-related institution.
((d) amended Nov. 30, 2004, P.L.1663, No.210)
Section 4. Report to General Assembly.
Each year as part of its budget presentation to the General
Assembly, PHEAA shall provide a report on:
(1) The number of applications submitted during the
prior year, including numbers of applications approved and
disapproved.
(2) The number of children currently participating in
this program at community colleges or State-owned or State-
related institutions.
(3) The number of program participants who have
completed requirements for an associate degree or a
baccalaureate degree during the prior year.
(4) The total number of program participants who have
received an associate degree or a baccalaureate degree since
the program's inception.
(5) The number of program participants who were approved
for an educational gratuity but who never obtained an
associate degree or a baccalaureate degree.
Section 5. Regulations.
PHEAA shall, in the manner provided by law, promulgate the
rules and regulations necessary to carry out this act.
Section 6. Exclusive source.
Any person who receives any benefit under this act shall be
ineligible to receive any tuition assistance or grants under 51
Pa.C.S. (relating to military affairs).
Section 7. Severability.
The provisions of this act are severable. If any provision of
this act or its application to any person or circumstance is
held invalid, the invalidity shall not affect other provisions
or applications of this act which can be given effect without
the invalid provision or application.
Section 8. Retroactivity.
This act shall be retroactive to January 1, 1976, and the
benefit provided shall be available to qualified children of
police officers, firefighters, correction employees and National
Guard members of this Commonwealth killed in the performance of
their duties since that date. No community college, State-owned
or State-related institution shall reimburse qualified children
for tuition and fees or room and board charges paid between
January 1, 1976, and the effective date of this act.
Section 9. Effective date.
This act shall take effect immediately.
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