51 Pennsylvania Consolidated Statutes § 3202 - Eligibility

§ 3202. Eligibility.

(a) General rule.--A Pennsylvania National Guard member is eligible to receive a public service educational grant under this subchapter if the member meets all of the following eligibility criteria:

(1) The member is a qualified resident of this Commonwealth.

(2) Except as otherwise provided in subsection (c) 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 student assistance grants.--In addition to the eligibility criteria specified in subsection (a), a student must meet the following eligibility criteria to qualify for a full-time student 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.

(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 Pennsylvania National Guard member who is discharged for medical disability after September 11, 2001, shall remain eligible to receive a public service educational 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 honorable 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 and was qualified to have fulfilled such 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 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.

(May 10, 2000, P.L.36, No.11, eff. July 1, 2000; May 11, 2006, P.L.175, No.44, eff. imd.; June 26, 2014, P.L.791, No.78, eff. July 1, 2014)

2014 Amendment. Act 78 amended subsecs. (a) and (c).

2006 Amendment. Section 3 of Act 44 provided that the amendment or addition of subsecs. (a) and (c) shall apply to grants awarded for any course of study commenced on or after May 1, 2006.

Cross References. Section 3202 is referred to in sections 3201, 3203, 3206 of this title.

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Last modified: October 8, 2016