An Act Pertaining to Educational Benefits for Veterans and Their Dependents
Maine Legislature, Session 124, LD 1713
Committee: Legal and Veterans Affairs
Sponsors: HASKELL, NUTtING, CAREY, HANLEY, LOVEJOY, MORRISON, RUSSELL, TRINWARD, GOODALL
Amends: 37-B MRSA §505

MAINE STATE LEGISLATURE 
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124th MAl E LEGISLATURE 
Legislative Document 
No. 1713 
H.P. 1214 
House of Representati ves, January. 6, 2010 
An Act Pertaining to Educational Benefits for Veterans and Their 
Dependents 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Representative HASKELL of Portland. 
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Cosponsored by Senator NUTtING of Androscoggin and 
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111· 7J?1I£~~~i 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CAREY of Lewiston, HANLEY of Gardiner, LOVEJOY of Portland, 
MORRISON of South Portland, RUSSELL of Portland, TRINWARD of Waterville, 
W AGNER of Lewiston, Senator: GOODALL of Sagadahoc. 
Printed on recycled pnper 
Emergency preamble .. Whereas, acts and resolves of the Legislature do not· 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, this legislation amends the law pertaining to educational benefits for 
veterans and their dependents; and 
Whereas, it is essential that these changes take effect prior to next spring because 
financial aid decisions wi1l be made at that time; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 37-B MRSA §505, sub-§2, €[A, as amended by PL 2007, c. 521, §3, is 
further amended to read: 
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A. As used in this subsection, unless the context otherwise indicates, the following 
terms have the following meanings. 
(1) "Child" means a natural child whose mother or father is or was a veteran or a 
child who was adopted prior to turning 18 years of age and whose adoptive 
mother or father is or was a veteran and who: 
(a) Is at least 16 years of age; 
(b) Has graduated from high school; and 
(c) 
Enrolled in a degree program and was awarded benefits under this 
subsection prior tO'the child's 22nd birthday. If the child is unable to enroll 
in a degree program prior to turning 22 years of age due to the veteran's total 
permanent disability claim pending with the United States Department of 
Veterans Affairs, then the child may apply to begin this benefit within 2 
years from the date of the veteran's award notification letter. If the child is 
unable to enroll in a degree program prior to turning 22 years of age due to 
service inthe United States Armed Forces, then the child may apply to begin 
this benefit until reaching 26 years of age . .other requirements must be met 
as described in paragraph F. 
"Child" also means a stepchild who is a member of a veteran's household either at 
the time of application or, in the event of the veteran's death, at the time of death, 
and who continues as a member of the household after the death of the veteran. 
At least 5 years must have elapsed since the veteran married the parent of the 
stepchild before the stepchild is eligible for educational benefits, and the 
biological parent of the stepchild must reside in the veteran's household while the 
stepchild receives educational benefits. 
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(2) "Spouse" means the person currently legally married to a living veteran or 
the unremarried widow or widower of a deceased veteran, not previously 
divorced from that veteran. 
Awards under the educational benefits program are authorized to provide benefits 
to only one spouse per veteran. 
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(3) "Veteran" means any person who served in the military or naval forces of the 
United States and entered the service from this State or has been a resident of this 
State for 5 years i!TImediately preceding application for aid and, if living, 
continues to reside in this State throughout the duration of benefits administered· 
under the educational benefits program and who: 
(a)· Has a total permanent disability resulting from a service-connected 
disability as a result of service; 
(b). Was killed in action; . 
. (c) Died from aservice-conhected disability as a result of service; 
(d) At the time of death was totally and permanently disabled due to service-
connected disability, but whose death was not related to the service-
connected disability; or 
(e) Is a member of the Aimed Forces on active duty who has been listed for 
more than 90 days as missing in action, captured or forcibly detained or 
interned in the line of duty by a foreign government or power. 
The continuous residency requirement of this subparagraph ooes not apply to a 
person who is receiving educational benefits under this chapter on or before 
January 1, 2006. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when ~pproved. 
SUMMARY 
This bill amends the law pertaining to educational benefits for .veterans and their 
dependents to provide that jf. a child is unable to enroll in a, degree program prior to 
turning 22 yea"rs of age due to the veteran's total permanent disability claim pending with 
the United States Department of Veterans Affairs, then the child may apply to begin the 
benefit within 2 years froni the date of the veteran's award notification letter.