THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY GREENLEAF, KASUNIC, BROWNE, ORIE, ARGALL, RAFFERTY, KITCHEN, TOMLINSON, PIPPY, ALLOWAY, SOLOBAY, WAUGH, BREWSTER, COSTA AND BOSCOLA, JANUARY 12, 2011

REFERRED TO EDUCATION, JANUARY 12, 2011  

AN ACT

Amending the act of December 16, 1998 (P.L.980, No.129),

entitled "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," extending

benefits to certain surviving spouses; further providing for

title of act, for short title, for definitions, for

Postsecondary Educational Gratuity Program, for report to

General Assembly and for retroactivity.

The General assembly finds and declares that it is the intent

of this act to recognize the ultimate sacrifice made by police

officers, firefighters, correction employees, sheriffs and

deputy sheriffs and National Guard members killed in the

performance of their duties by providing a postsecondary

educational gratuity for their children or surviving spouses 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.  The title and section 1 of the act of December

16, 1998 (P.L.980, No.129), known as the Police Officer,

Firefighter, Correction Employee and National Guard Member Child

Beneficiary Education Act, are amended to read:

AN ACT

Providing for a waiver of tuition and other fees for children or

surviving spouses of certain deceased police officers,

National Guard members, firefighters [and], emergency medical

services personnel, correction employees, State parole

agents, county probation and parole officers, sheriffs and

deputy sheriffs 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.

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] and Special Public Servant Beneficiary Education

Act.

Section 2.  Section 2 of the act is amended by adding

definitions to read:

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:

* * *

"County officer."  A county probation or parole officer of

this Commonwealth.

* * *

"Emergency medical services personnel."  The term includes,

but is not limited to, emergency medical service providers as

defined in 35 Pa.C.S. § 7203 (relating to definitions).

* * *

"State parole agent."  A parole officer appointed by the

Pennsylvania Board of Probation and Parole.

"Surviving spouse."  A resident of this Commonwealth who is

the spouse of a deceased police officer, firefighter, emergency

medical services personnel, correction employee, State parole

agent, county probation and parole officer, sheriff, deputy

sheriff or National Guard member, at the time of death, killed

in the performance of his or her duties.

* * *

Section 3.  Section 3 of the act, amended November 30, 2004

(P.L.1663, No.210), is amended to read:

Section 3.  Postsecondary Educational Gratuity Program.

(a)  Establishment.--There is hereby established the

Postsecondary Educational Gratuity Program for children or

surviving spouses of police officers, firefighters, emergency

medical services personnel, correction employees, State parole

agents, county probation and parole officers, 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.

(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.

(4.3)  Emergency medical services personnel shall be

deemed to have been killed in the performance of their duties

if death results from job-related injuries sustained or

inflicted while answering an emergency call.

(4.4)  State parole agents and county probation and

parole 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 carrying out their

duties.

(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 or surviving spouse of a police officer,

firefighter, emergency medical services personnel, correction

employee, State parole agent, county probation and parole

officer, sheriff, deputy sheriff or National Guard member

killed in the performance of his or her duties shall be

eligible for an educational gratuity provided:

(i)  In the case of a child, that 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.

(ii)  In the case of a surviving spouse, that the

surviving spouse 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 or a surviving spouse 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.

(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 or surviving spouse 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 or surviving spouse 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 or surviving spouse during the time the

child or surviving spouse is enrolled as a full-time student

provided the child or surviving spouse meets all requirements

for admission to the community college or State-owned or

State-related institution and during the child's or surviving

spouse'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 and

emergency medical services personnel 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 county

probation and parole officer, 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 county probation and parole officer, sheriff was

elected or deputy sheriff was employed within 20 days of the

death of the employee.

(2.2)  Written notification of the death of any State

parole agent killed in the performance of his or her duties

shall be submitted to PHEAA by the chairman of the

Pennsylvania Board of Probation and Parole 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 or the surviving spouse, together with

a certified copy of the child's birth certificate or adoption

record or other documentation of birth or adoption acceptable

to PHEAA or a marriage certificate. The application shall

include a copy of the child's or surviving spouse'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, county commissioners, chairman of the

Pennsylvania Board of Probation and Parole or Adjutant

General of the Department of Military and Veterans Affairs,

PHEAA may elect to accept other documentation certifying that

the child's parent or the surviving spouse was a police

officer, firefighter, emergency medical services personnel, 

correction employee, State parole agent, county probation and

parole officer, sheriff, deputy sheriff 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 or

surviving spouse and the community college or State-owned or

State-related institution of the child's or surviving

spouse's eligibility or noneligibility for participation in

this program. If the child or surviving spouse 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 or

surviving spouse'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 or surviving spouse 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 or surviving spouse's eligibility.

(7)  Each community college or State-owned or State-

related institution at which an eligible child or surviving

spouse is enrolled shall notify PHEAA upon the child's or

surviving spouse's graduation or when the child or surviving

spouse is no longer enrolled at the community college or

State-owned or State-related institution.

Section 4.  Sections 4 and 8 of the act are amended to read:

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 or surviving spouses

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 8.  Retroactivity.

This act shall be retroactive to:

(1)  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.

(2)  January 1, 2011, and the benefit provided shall be

available to qualified surviving spouses of police officers,

firefighters, emergency medical services personnel,

correction employees, State parole agents, county probation

and parole officers, sheriffs and deputy sheriffs 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 surviving spouses for tuition and fees or

room and board charges paid between January 1, 2011, and the

effective date of this paragraph.

Section 5.  This act shall take effect immediately.