reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 23 - Pennsylvania National Guard › Section 2314 - Status when called into temporary Federal service

§ 2314. Status when called into temporary Federal service.
(a) General rule.--
When any or all parts of the Pennsylvania National Guard are called as such into the service of the United States, their units and members retain their State status as Federally recognized units and members of the Pennsylvania National Guard in a state of temporary suspension. Under a Presidential call, officers of the Pennsylvania National Guard shall continue to be appointed by the State and neither officers nor enlisted personnel may be held to service beyond the terms of their existing commissions or enlistments while in the service of the United States.
(b) Termination of service.--
When the call into the service of the United States has been terminated and organizations, units and personnel are returned to their status as the Pennsylvania National Guard, personnel shall continue to serve in the Pennsylvania National Guard until the date which their commission or enlistment entered into prior to the call or during the call would have expired if uninterrupted.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 23 - Pennsylvania National Guard › Section 2315 - Status when ordered into active Federal service

§ 2315. Status when ordered into active Federal service.
(a) General rule.--
When any or all of the units and members of the Pennsylvania National Guard are ordered into the active military service of the United States, they stand relieved from duty in the Pennsylvania National Guard during the period of such active military service, irrespective of the term of their existing commissions or enlistments. Their prior status as units and members of the Pennsylvania National Guard continues to exist as an underlying and temporarily suspended status of origin to which they may and do return upon relief from the active military service of the United States.
(b) Termination of service.--
When the duration of their active military service of the United States is of such a duration and units and members so intermingled with other organizations and units of the armed forces of the United States that makes it impracticable for the units and members to return to that prior status as units and members of the Pennsylvania National Guard and it therefore becomes necessary to completely reorganize the Pennsylvania National Guard, former members, who accept a commission or enlist in the reorganized Pennsylvania National Guard under the conditions then applicable and prior to the date of Federal recognition, shall have their service for the purpose of longevity, State retirement, medals and awards count as continuous and uninterrupted.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 23 - Pennsylvania National Guard › Section 2316 - Transfer of unaccepted personnel to Pennsylvania Guard

§ 2316. Transfer of unaccepted personnel to Pennsylvania Guard.
When the Pennsylvania National Guard, or any part thereof, is ordered or called into the service of the United States, officers, warrant officers and enlisted personnel of the Pennsylvania National Guard not accepted for Federal service because of physical defects, age or other cause may be immediately transferred to the rolls of the Pennsylvania Guard and assigned to units or organizations of the Pennsylvania Guard by the department. The officer, warrant officer and enlisted personnel so transferred may serve in the Pennsylvania Guard for the duration of the emergency plus six months unless sooner discharged under the terms of their State commission or enlistment contract.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 23 - Pennsylvania National Guard › Section 2317 - Temporary commander of unit

§ 2317. Temporary commander of unit.
When a unit is without commissioned officers from any cause, the commanding officer of the next higher unit in the military chain of command of which it is a part shall detail an officer to command said organization until an officer has been appointed or assigned thereto.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 25 - Pennsylvania Guard › Section 2501 - Oath of commissioned officers

§ 2501. Oath of commissioned officers.
Each commissioned officer before entering upon the duties of his appointment shall take and subscribe the following oath: "I, .........., do solemnly swear that I will support and defend the Constitution of the United States and the Constitution of the Commonwealth of Pennsylvania against all enemies; that I will bear true faith and allegiance to the same; that I will obey the orders of the Governor of the Commonwealth of Pennsylvania; that I make this obligation freely without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office .......... in the Pennsylvania Guard upon which I am about to enter."
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 25 - Pennsylvania Guard › Section 2502 - Physical qualifications of officers and enlisted personnel

§ 2502. Physical qualifications of officers and enlisted personnel.
The Governor will, by executive order, prescribe the age limitations and physical qualifications which will govern both officers and enlisted personnel in the Pennsylvania Guard, but no person shall be refused enlistment or a commission or in any way be discriminated against in the administration of this title by reason of his race, color, sex, creed or national origin.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 25 - Pennsylvania Guard › Section 2503 - Enlistment contract and oath

§ 2503. Enlistment contract and oath.
Every person enlisting in the Pennsylvania Guard shall sign an enlistment contract and take and subscribe to the following oath of enlistment: "I do hereby acknowledge to have voluntarily enlisted this...... ..............., 19 , as a soldier in the Pennsylvania Guard for the period of the emergency plus six months unless sooner discharged by proper authority, and I do solemnly swear that I will bear true faith and allegiance to the United States of America and to the Commonwealth of Pennsylvania, and that I will serve them honestly and faithfully against all their enemies whomsoever, and that I will obey the order of the Governor of the Commonwealth of Pennsylvania and of the officers appointed over me according to law."
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 25 - Pennsylvania Guard › Section 2504 - Retirement of commissioned officers and enlisted personnel

§ 2504. Retirement of commissioned officers and enlisted personnel.
Commissioned officers and enlisted personnel of the Pennsylvania Guard shall be controlled by section 2313 (relating to retired Pennsylvania National Guard personnel) for promotion on the Pennsylvania Guard retired list.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 31 - Pennsylvania National Guard › Section 3101 - Pay of officers and enlisted personnel on special duty

§ 3101. Pay of officers and enlisted personnel on special duty.
Members of the Pennsylvania National Guard or Pennsylvania Guard may be ordered upon special duty at the discretion of the Governor and shall receive the pay and allowances of their respective grades during the time they may continue upon duty under such order.
(Oct. 16, 1998, P.L.780, No.96, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 31 - Pennsylvania National Guard › Section 3102 - Pay of officers and enlisted personnel in active State service

§ 3102. Pay of officers and enlisted personnel in active State service.
(a) General rule.--
When the Pennsylvania National Guard or Pennsylvania Guard, or any part thereof, is ordered on active duty for State service by the Governor as Commander-in-Chief and pay is authorized for such duty under the order prescribing the performance thereof, the commissioned officers, warrant officers and enlisted personnel so ordered shall be entitled to the same pay and allowances and transportation in kind provided for in the current Armed Forces Pay and Allowance Act. Notwithstanding any provisions of such act, the pay of any such personnel shall not be less than $100 per day.
(b) Payments and deductions.--
All payments of pay and service shall be made by the Adjutant General in the usual manner. No deductions shall be made from the pay of officers or enlisted personnel in active State service for dues or other financial obligations imposed by any bylaws, rules or regulations of a civil character.
(May 31, 1984, P.L.375, No.75, eff. imd.; Dec. 4, 1996, P.L.849, No.139, eff. imd.; July 1, 2016, P.L.438, No.61, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 31 - Pennsylvania National Guard › Section 3103 - Transportation and expenses of personnel on special duty

§ 3103. Transportation and expenses of personnel on special duty.
Personnel in attendance upon court-martial, boards of examination, fitness boards and other necessary duty as prescribed by the Adjutant General shall receive transportation in kind as may be provided for in orders, and the necessary expenses lawfully incurred in the performance of any such duty shall be paid upon proper vouchers duly approved by the officer under whose orders the duty is performed.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 31 - Pennsylvania National Guard › Section 3104 - Tuition credit (Repealed)

§ 3104. Tuition credit (Repealed).
1996 Repeal.
Section 3104 was repealed June 19, 1996, P.L.344, No.56, effective July 1, 1996. The subject matter is now contained in Chapter 32 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 32 - Military Educational Programs › Extra - Chapter Notes

Enactment.
Chapter 32 was added June 19, 1996, P.L.344, No.56, effective July 1, 1996.
Cross References.
Chapter 32 is referred to in section 7309 of this title.
Cross References.
Subchapter A is referred to in sections 3210.2, 3223 of this title.
Enactment.
Subchapter A.1 was added July 1, 2019, P.L.233, No.32, effective immediately unless
            otherwise noted.
Cross References.
Subchapter A.1 is referred to in sections 3202, 3223 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 32 - Military Educational Programs › Section 3203 - Certification of eligibility

§ 3203. Certification of eligibility.
The department shall certify members of the Pennsylvania National Guard as eligible to participate in the program who meet the eligibility criteria set forth in section 3202 (relating to eligibility) and shall provide the agency with a certificate of eligibility for an eligible member.
Cross References.
Section 3203 is referred to in section 3201 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 32 - Military Educational Programs › Section 3204 - Grants

§ 3204. Grants.
(a) General rule.--
From the funds appropriated for the purposes of this subchapter, grants shall be provided to eligible members for the purpose of pursuing approved programs of education. An educational assistance grant shall be treated as a benefit earned by an eligible member for honorable service to the country and this Commonwealth.
(b) Promissory notes.--
Upon the receipt of the grant, an eligible member shall sign a promissory note obligating the eligible member to repay the full amount of the grant if the eligible member fails to fulfill the service obligation under section 3207(a) (relating to recoupment of grant payments).
(June 26, 2014, P.L.791, No.78, eff. July 1, 2014; July 1, 2019, P.L.233, No.32, eff. imd.)
Cross References.
Section 3204 is referred to in section 3207 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 32 - Military Educational Programs › Section 3206 - Limitations

§ 3206. Limitations.
(a) Time.--
(1) Except as otherwise provided in paragraph (2), no eligible member shall be eligible for full-time or part-time educational assistance grants or a combination thereof under this subchapter for a total of more than five academic years or their equivalent as determined by the agency.
(2) An eligible member who withdraws from a program of education due to being ordered to serve on active duty for more than 30 consecutive days, including active duty for training, shall be granted an additional period of eligibility equal to the lost semester or its equivalent, whichever is longer.
(3) When an eligible member withdraws from a program of education as provided for under paragraph (2), the eligible member shall be granted an educational leave of absence as provided for under section 7313 (relating to educational leave of absence).
(b) Active duty.--
(1) Except as otherwise provided in paragraph (2) or (3), no grant payments shall be made under this subchapter except during the eligible member's term of service as a member in good standing of the Pennsylvania National Guard.
(2) For eligible members who were called or ordered to active Federal service or active State duty under section 508 (relating to active State duty for emergency) after September 11, 2001, the deadline for making grant payments shall be extended for one additional month for each month or part of month of such service after the eligible member is discharged or released under other than dishonorable conditions from the Pennsylvania National Guard.
(3) For eligible members discharged because of a disability incurred in the line of duty who are eligible under section 3202(c) (relating to eligibility), the deadline for making grant payments shall be:
(i) Six years after the eligible member's medical discharge for members discharged for a medical disability on or after the effective date of this paragraph unless extended under section 3202 (c)(6).
(ii) Six years following the effective date of this paragraph for eligible members discharged for a medical disability after September 11, 2001, and before the effective date of this paragraph unless extended under section 3202 (c)(6).
(c) Limit on tuition.--
At no time may a State System of Higher Education institution charge an eligible member more than the in-State rate.
(Dec. 22, 2005, P.L.441, No.82, eff. 60 days; May 11, 2006, P.L.175, No.44, eff. imd.; June 26, 2014, P.L.791, No.78, eff. July 1, 2014; July 1, 2019, P.L.233, No.32, eff. imd.)
2019 Amendment.
Act 32 amended subsecs. (a) and (b)(2) and (3) and added subsec. (c).
2014 Amendment.
Act 78 amended subsecs. (a)(1) and (b)(1).
2006 Amendment.
Act 44 amended subsec. (b). Section 3 of Act 44 provided that the amendment of subsec. (b) shall apply to grants awarded for any course of study commenced on or after May 1, 2006.
Cross References.
Section 3206 is referred to in section 3202 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 32 - Military Educational Programs › Section 3207 - Recoupment of grant payments

§ 3207. Recoupment of grant payments.
(a) General rule.--
An eligible member who fails to meet the six-year service obligation of this subchapter or to meet other requirements established by the Adjutant General or the agency is liable to the Commonwealth for repayment of all or part of any grant payments made. The Adjutant General shall notify the agency if an eligible member fails to complete the service obligation, and the promissory note under section 3204(b) (relating to grants) shall be repaid by the eligible member upon demand by the agency on a schedule as the agency may determine.
(b) Forgiveness of recoupment.--
The Adjutant General shall notify the agency and the agency shall forgive recoupment of all or part of an eligible member's grant payments if the Adjutant General determines that the eligible member's failure to fulfill the six-year service obligation was the result of one of the following:
(1) Death.
(2) Discharge because of disability incurred in line of duty.
(3) Discharge because of a medical determination that the eligible member is medically unfit for duty when the medical condition is outside the eligible member's control and is not due to the eligible member's misconduct.
(4) The existence of other compelling circumstances that warrant forgiveness.
(June 26, 2014, P.L.791, No.78, eff. July 1, 2014; July 1, 2019, P.L.233, No.32, eff. imd.)
Cross References.
Section 3207 is referred to in section 3204 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 32 - Military Educational Programs › Section 3209 - Administration

§ 3209. Administration.
(a) Appropriation and administrative costs.--
The General Assembly shall appropriate funds to pay full-time and part-time educational assistance grants under this subchapter. A portion of the funds appropriated may be used to pay the costs of the administration of this subchapter and Subchapter B (relating to Medical Officer or Health Officer Incentive Program).
(b) Limitation.--
Administrative costs for the fiscal year beginning July 1, 2014, and each fiscal year thereafter, shall not exceed 3.5% of the total amount of funds appropriated.
(June 26, 2014, P.L.791, No.78, eff. July 1, 2014; July 1, 2019, P.L.233, No.32, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 32 - Military Educational Programs › Section 3210 - Educational Assistance Program Fund

§ 3210. Educational Assistance Program Fund.
(a) Establishment.--
The Educational Assistance Program Fund is established as a special nonlapsing fund in the State Treasury.
(b) Appropriation.--
All money deposited into the fund and the interest the fund accrues are appropriated to the department on a continuing basis to be used for the purposes provided for under this subchapter and Subchapter B (relating to Medical Officer or Health Officer Incentive Program).
(c) Administrative action prohibited.--
No administrative action shall prevent the deposit of money into the fund in the fiscal year in which the money is received.
(d) Use.--
The fund may only be used for the purposes provided for under this subchapter and no money in the fund may be transferred or diverted to any other purpose by administrative action.
(Nov. 30, 2004, P.L.1671, No.212, eff. 60 days; July 1, 2019, P.L.233, No.32, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 32 - Military Educational Programs › Section 3210.4 - Military Family Education Program grants

§ 3210.4. Military Family Education Program grants.
(a) General rule.--
From the funds appropriated for the purposes of this subchapter, Military Family Education Program grants shall be provided to eligible family members for the purpose of pursuing an approved program of education. A Military Family Education Program grant shall be treated as a benefit earned by an eligible member for honorable service to the country and this Commonwealth.
(b) Promissory note.--
Prior to entry into the Military Family Education Program the eligible member shall sign a promissory note obligating the eligible member to repay the full amount of the family member's Military Family Education Program grant if the eligible member fails to satisfactorily fulfill the eligible member's obligation. The promissory note shall become payable upon noncompletion of the service obligation under section 3210.7(a) (relating to recoupment of Military Family Education Program grant payments).
Cross References.
Section 3210.4 is referred to in section 3210.7 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 32 - Military Educational Programs › Section 3210.6 - Limitations

§ 3210.6. Limitations.
(a) General rule.--
No eligible member shall be permitted to assign more than five academic years or their equivalent, as determined by the agency.
(b) Assignment of benefit.--
An eligible member may assign a portion of the entire benefit or the entire benefit by the number of credit hours per semester or its equivalent, as determined by the agency, to one or more family members, as the case may be.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 32 - Military Educational Programs › Section 3210.7 - Recoupment of Military Family Education Program grant payments

§ 3210.7. Recoupment of Military Family Education Program grant payments.
(a) General rule.--
An eligible member who fails to meet the six-year service obligation of this subchapter or to meet other requirements established by the Adjutant General or the agency is liable to the Commonwealth for repayment of all or part of Military Family Education Program grant payments made. The Adjutant General shall notify the agency if an eligible member fails to complete the service obligation and the promissory note under section 3210.4(b) (relating to Military Family Education Program grants) shall be repaid by the eligible member upon demand of the agency on a schedule as the agency may determine.
(b) Forgiveness of recoupment.--
Upon notification by the Adjutant General, the agency shall forgive recoupment of all or part of a family member's Military Family Education Program grant payments if the Adjutant General determines that the eligible member's failure to fulfill the six-year service obligation is the result of one of the following:
(1) The eligible member's death. If all provisions in section 3210.2(c) (relating to eligibility) are not met, the Military Family Education Program grant shall be repaid by the family member or family members who used the benefit upon demand of the agency on a schedule as the agency may determine.
(2) The eligible member's discharge because of disability incurred in the line of duty.
(3) The eligible member's discharge because of a medical determination that the eligible member is medically unfit for duty when the medical condition is outside the eligible member's control and is not due to the eligible member's misconduct.
(4) The existence of other compelling circumstances that warrant forgiveness.
Cross References.
Section 3210.7 is referred to in section 3210.4 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 32 - Military Educational Programs › Section 3210.9 - Administration

§ 3210.9. Administration.
(a) Appropriation and administrative costs.--
The General Assembly shall appropriate funds to pay full-time and part-time Military Family Education Program grants under this subchapter. A portion of the funds appropriated may be used to pay the costs of the administration of this subchapter.
(b) Limitation.--
Administrative costs for the fiscal year in which the Military Family Education Program is enacted, and each fiscal year thereafter, shall not exceed 3.5% of the total amount of funds appropriated.
(c) Initial use of funds.--
Initial funding for the first 12-month period from the effective date of this subchapter may be used for administration and development of technological support applications.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 32 - Military Educational Programs › Section 3210.10 - Military Family Education Program Fund

§ 3210.10. Military Family Education Program Fund.
(a) Establishment.--
The Military Family Education Program Fund is established as a special nonlapsing fund in the State Treasury.
(b) Appropriation.--
All money deposited into the fund and the interest the fund accrues are appropriated to the department on a continuing basis to be used for the purposes provided for under this subchapter.
(c) Administrative action prohibited.--
No administrative action shall prevent the deposit of money into the fund in the fiscal year in which the money is received.
(d) Use.--
The fund may only be used for the purposes provided for under this subchapter and no money in the fund may be transferred or diverted to any other purpose by administrative action.
Cross References.
Section 3210.10 is referred to in section 3210.1 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 32 - Military Educational Programs › Section 3211 - Definitions

§ 3211. Definitions.
The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Behavioral health officer."
An officer who:
(1) holds a license to practice psychology under the act of March 23, 1972 (P.L.136, No.52), known as the Professional Psychologists Practice Act, or is a licensed clinical social worker as defined in section 3 of the act of July 9, 1987 (P.L.220, No.39), known as the Social Workers, Marriage and Family Therapists and Professional Counselors Act;
(2) has malpractice insurance, is self-insured or maintains insurance through a private employer; and
(3) meets any applicable Federal requirements for the Pennsylvania National Guard.
"Medical officer or health officer." An officer who is any of the following:
(1) A resident physician.
(2) A physician.
(3) A physician assistant.
(4) A behavioral health officer.
(5) A public health officer or environmental science officer.
"Member in good standing." A member of the Pennsylvania National Guard who meets all medical, training, physical and educational requirements for service and who is a satisfactory participant in all scheduled duties and training periods.
"Physician." An officer assigned to and serving in an
authorized Army Medical Corps or Air Force Medical Corps position who:
(1) has completed a medicine residency program; and
(2) is currently practicing medicine in the United States or its territories.
"Physician assistant." An officer who:
(1) is licensed as a physician assistant under the act of December 20, 1985 (P.L.457, No.112), known as the Medical Practice Act of 1985; and
(2) meets any applicable Federal requirements for the Pennsylvania National Guard.
"Program." The Medical Officer or Health Officer Incentive Program.
"Public health officer" or "environmental science officer." An officer who holds a minimum of a bachelor's degree from an educational program accredited by an agency recognized by the United States Secretary of Education in an environmental science related field of study, including any of the following majors or their equivalent:
(1) Environmental science, environmental health or environmental management.
(2) Occupational health.
(3) Industrial hygiene.
(4) Public health.
(5) Sanitary science or epidemiology.
(6) Biology, chemistry, toxicology, geology, microbiology, biochemistry or zoology.
"Resident physician." An officer who:
(1) is assigned to a medical position in the Pennsylvania National Guard;
(2) is a medical doctor or doctor of osteopathy participating in graduate training;
(3) holds a license to practice medicine under the Medical Practice Act of 1985; and
(4) meets any applicable Federal requirements for the Pennsylvania National Guard.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 32 - Military Educational Programs › Section 3213 - Program stipend

§ 3213. Program stipend.
(a) General rule.--
(1) A resident physician, physician or physician assistant who meets the requirements under subsection (c) may receive a stipend of $1,000 per month for no more than 48 months of medicine residency or the first 36 accession months of service to the Pennsylvania National Guard.
(2) A behavioral health officer, public health officer or environmental science officer who meets the requirements under subsection (c) may receive a stipend of $500 per month for no more than the first 36 accession months of service to the Pennsylvania National Guard.
(b) Areas of concentration.--
An area of concentration qualification for a medical or health officer must be approved by the National Guard Bureau through a predetermination request completed by the Pennsylvania Army National Guard Army Medical Department Officer Strength Manager.
(c) Requirements.--
In order to qualify for a stipend under subsection (a), a medical officer or health officer shall meet all of the following:
(1) Be a member in good standing with the Pennsylvania National Guard.
(2) Be assigned to an appropriate medical or health position in the Pennsylvania National Guard.
(3) Agree to serve as a medical officer or health officer in the Pennsylvania National Guard after completion of residency or initial service obligation for a period of one month for each monthly stipend received. This service obligation shall be concurrent with any other military service obligation of the officer.
(d) Receipt of stipend.--
A stipend under subsection (a) shall be paid to an eligible medical officer or health officer whose application for the stipend is approved at the completion of each month of residency or service. A medical officer or health officer may not receive a stipend under subsection (a) for more than 48 months during the period of service in the Pennsylvania National Guard.
(e) Adjustments.--
If the Adjutant General determines that the amount available for the program in any year will be insufficient to provide stipends in the amount described under subsection (a), the Adjutant General may place a cap on the number of medical officers or health officers eligible to receive stipends or may adjust the amount of the annual stipend.
(f) Construction.--
Nothing in this section shall be construed to prohibit a medical officer or health officer who is serving in the Pennsylvania National Guard before the effective date of this section and who meets the requirements under subsection (c) from receiving a stipend under subsection (a) during the period of medicine residency or service.
Cross References.
Section 3213 is referred to in section 3214 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 32 - Military Educational Programs › Section 3214 - Additional incentives

§ 3214. Additional incentives.
To the extent that funds are available, the Adjutant General may, by regulation, establish additional incentives to aid in the recruitment and retention of medical officers or health officers in the Pennsylvania National Guard, provided that payment of such additional incentives shall not result in a cap on participation or reduction in the amount of stipends paid under section 3213 (relating to program stipend).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 32 - Military Educational Programs › Section 3215 - Promissory note

§ 3215. Promissory note.
Any recipient of a stipend or other incentive payment under this subchapter shall sign, as part of the application for the incentive payment, a promissory note in a form prescribed by the Adjutant General by which the recipient promises to repay all amounts received if the recipient fails to complete the service obligation required by this subchapter or to meet other requirements established by the Adjutant General.
Cross References.
Section 3215 is referred to in section 3216 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 32 - Military Educational Programs › Section 3216 - Recoupment of incentive payments

§ 3216. Recoupment of incentive payments.
(a) General rule.--
A recipient of a stipend or other incentive payment under this subchapter who fails to complete his service obligation or to meet other requirements established by the Adjutant General is liable to the Commonwealth for repayment of all incentive payments made. The Adjutant General shall notify the department if the recipient fails to complete the service obligation, and the promissory note under section 3215 (relating to promissory note) shall be called to secure payment in full upon demand on a schedule as the department may determine.
(b) Forgiveness of recoupment.--
The Adjutant General may forgive recoupment of all or part of a recipient's stipend or other incentive payment if the Adjutant General determines that his failure to fulfill the service obligation was the result of his death, discharge because of disability incurred in line of duty, discharge because of a medical determination that he is medically unfit for duty when the medical condition is outside his control and is not due to his misconduct, mandatory discharge, release or retirement for age or years of service or discharge, release, transfer or retirement because of other compelling circumstances outside his control.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 32 - Military Educational Programs › Section 3217 - Adjustment of stipend amounts

§ 3217. Adjustment of stipend amounts.
Beginning on January 1, 2016, and every two years thereafter, the Adjutant General may adjust, by notice published in the Pennsylvania Bulletin, the amounts of the stipends set forth in this subchapter by an amount equal to the change in the applicable Consumer Price Index in the preceding two years provided that the Adjutant General finds sufficient funds are appropriated and available to pay for the adjusted stipends.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 32 - Military Educational Programs › Section 3221 - Definitions

§ 3221. Definitions.
The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Agency."
The Pennsylvania Higher Education Assistance Agency.
"Approved institution of higher learning."
An educational institution offering a postsecondary program of education located in this Commonwealth and approved by the agency.
"Benefit."
The program grant which shall be given to an eligible member's military college or approved institution of higher learning who meets all of the requirements provided for under this subchapter.
"Cadet."
A military trainee enrolled in a military college.
"Early Commissioning Program."
The United States Army ROTC program that allows a graduate of a military junior college to become a commissioned officer in two years in the reserve or National Guard components.
"Eligible member."
A full-time student who is a member of the Pennsylvania National Guard, is selected as a cadet, serves as a Simultaneous Membership Program cadet in the Pennsylvania National Guard and accepts a Pennsylvania National Guard commission upon graduation from the military college.
"Full-time student."
An eligible member enrolled in an approved institution of higher learning pursuing an approved degree-producing program of education equal to or greater than 12 credit hours per semester or its equivalent that is recognized by the agency as a full-time course of study.
"Military college."
The Valley Forge Military College of Pennsylvania.
"Military college tuition."
The cost of attendance established annually by the college administration, including tuition and uniforms. The term does not include room, board or books.
"Program."
The Military College Educational Assistance Program established under section 3222 (relating to Military College Educational Assistance Program).
"Simultaneous Membership Program."
The Simultaneous Membership Program in which a reserve officer trainee assigned to a Pennsylvania Army National Guard unit participates simultaneously as a contracted cadet in the ROTC Advanced Course or Military Science I, II, III and IV levels of military instruction taught at a university or college in accordance with Cadet Command Regulation 145-11 (relating to Reserve Officers' Training Corps Simultaneous Membership Program (SMP)) in effect on the effective date of this section.
(Nov. 3, 2022, P.L.2164, No.160, eff. 60 days)
2022 Amendment.
Act 160 renumbered former section 3221 to section 3231 and added present section 3221.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 32 - Military Educational Programs › Section 3222 - Military College Educational Assistance Program

§ 3222. Military College Educational Assistance Program.
(a) Establishment.--
The Military College Educational Assistance Program is established. The purpose of the program is to provide benefits to eligible members. The program shall begin no later than the 2024-2025 academic year.
(b) Funding.--
Money in the Educational Assistance Program Fund shall be used to provide benefits under this subchapter and may not be used for any other purpose or be transferred or diverted to any other purpose by administrative action.
(Nov. 3, 2022, P.L.2164, No.160, eff. 60 days)
2022 Amendment.
Act 160 renumbered former section 3222 to section 3232 and added present section 3222.
Cross References. Section 3222 is referred to in section 3221 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 32 - Military Educational Programs › Section 3223 - Eligibility

§ 3223. Eligibility.
An eligible member may apply for participation in the program if the eligible member does or meets all of the following:
(1) Has been a satisfactory participant in Pennsylvania National Guard activities for a minimum service period established by the Adjutant General or is a former eligible member and has received a discharge other than a dishonorable discharge.
(2) Has accepted an obligation to serve in the Pennsylvania National Guard for a period of at least eight years and has not accepted an obligation under Subchapter A (relating to Educational Assistance Program) or A.1 (relating to Military Family Education Program) for the same service period. The service obligation to the Pennsylvania National Guard shall be two years as a cadet in the military college and eight years as a commissioned officer.
(3) Serves as a Simultaneous Membership Program cadet in the Pennsylvania National Guard and accepts a Pennsylvania National Guard commission upon graduation from the military college.
(4) Provides proof of United States citizenship.
(5) Provides proof of meeting physical standards, in effect on the effective date of this section, required to be considered to serve in the United States Army.
(6) Provides proof of meeting academic standards, in effect on the effective date of this section, required to be considered to serve in the United States Army as a commissioned officer.
(7) Provides a letter of intent.
(8) Provides a letter of acceptance into the Early Commissioning Program.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 32 - Military Educational Programs › Section 3224 - Program participation

§ 3224. Program participation.
(a) Selection.--
The department, with the assistance of the military college, shall evaluate the candidates for the program and make recommendations to the Adjutant General for selection.
(b) Discharge for disability incurred in line of duty.--
An eligible member who is discharged for medical disability shall be disenrolled from the program if the eligible member is unable to fulfill the service obligation to the Pennsylvania National Guard as required for the benefit under this subchapter.
(c) Academic or military disqualification standards.--
An eligible member who fails to meet academic or military qualification standards shall be disenrolled from the program under this subchapter.
(d) Conditional release from Simultaneous Membership Program.--
An eligible member may be released from Simultaneous Membership Program status for voluntary or involuntary reasons. The following apply:
(1) An applicant who completes the senior Army ROTC program of instruction shall be released from Simultaneous Membership Program status in order to be accessed into the Pennsylvania National Guard as a commissioned officer. Release from Simultaneous Membership Program status under this subchapter shall terminate the eligible member's enlistment contract in exchange for a new officer contract. The eligible member shall incur an eight-year active drilling contractual obligation to the Pennsylvania National Guard upon appointment as a second lieutenant.
(2) An eligible member who voluntarily or involuntarily becomes disenrolled from ROTC and is eligible to continue military service shall remain in the Pennsylvania National Guard as an enlisted soldier. An eligible member who becomes qualified as an enlisted soldier as provided under National Guard Regulation 600-100 (relating to commissioned officers Federal recognition and related personnel actions) in effect on the effective date of this section shall retain the benefit previously awarded during Simultaneous Membership Program status.
(3) An eligible member who voluntarily or involuntarily becomes disenrolled from ROTC and is ineligible to continue military service for reasons other than medical conditions shall be discharged from the Pennsylvania National Guard as provided under National Guard Regulations 600-100 and 600-200 (relating to enlisted personnel management), in effect on the effective date of this section. An eligible member who is discharged under this subchapter shall be subject to recoupment under section 3227 (relating to recoupment of benefit payments).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 32 - Military Educational Programs › Section 3225 - Benefit

§ 3225. Benefit.
(a) Provision.--
From the money appropriated for the purposes of this subchapter, benefit payments shall be provided to the military college or approved institution of higher learning on behalf of eligible members for the purpose of pursuing an approved degree-producing program.
(b) Promissory note.--
Prior to entry into the program, the eligible member shall sign a promissory note obligating the eligible member to repay the full amount of the benefit if the eligible member fails to satisfactorily fulfill the service obligation. The promissory note shall become payable upon noncompletion of the service obligation under section 3227(a) (relating to recoupment of benefit payments).
(c) Amount.--
Benefits awarded under this subchapter shall be:
(1) in year one and two, the rate of military college tuition for the approved associate's degree-producing program; and
(2) thereafter, the annual tuition rate charged by a State System of Higher Education institution for the completion of the eligible member's first bachelor's degree.
(d) Other grants and financial aid.--
(1) The agency may not reduce the amount of other agency grants or aid for which the eligible member qualifies on account of the eligible member's eligibility for or receipt of a benefit under this subchapter.
(2) Prior to making a benefit payment under this subchapter, the approved institution of higher learning shall first consider any Federal tuition assistance received by the eligible member and shall award a benefit under this subchapter if the eligible member requires additional financial aid to cover the costs of attendance for an approved degree-producing program.
(3) A benefit under this subchapter shall be paid or refunded to the eligible member for approved costs of attendance.
(4) Benefits authorized under this section shall be reduced so that the total of Federal and State military education benefits, as administered by the Pennsylvania National Guard, does not exceed 100% of the costs of attendance.
(e) Adjustments.--
If the agency and the Adjutant General determine that the amount appropriated for the program in any year will be insufficient to provide benefits in the amounts specified in this section to each eligible member, the agency and the department may reduce the maximum amount of the benefits proportionately or set a limit on the number of participants to ensure that sums expended do not exceed appropriations.
(f) Limit on charges.--
Eligible members attending a State System of Higher Education institution may not be charged additional tuition above the annual tuition rate.
(g) Limit on tuition.--
A State System of Higher Education institution may not charge an eligible member more than the in-State rate.
Cross References.
Section 3225 is referred to in section 3227 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 32 - Military Educational Programs › Section 3227 - Recoupment of benefit payments

§ 3227. Recoupment of benefit payments.
(a) Liability.--
An eligible member who fails to meet the eight-year service obligation of this subchapter or other requirements established by the Adjutant General or the agency shall be liable to the Commonwealth for repayment of all or part of benefit payments made. The Adjutant General shall notify the agency if an eligible member fails to complete the service obligation, and the promissory note under section 3225(b) (relating to benefit) shall be repaid by the eligible member upon demand of the agency on a schedule as the agency may determine.
(b) Forgiveness of recoupment.--
Upon notification by the Adjutant General, the agency shall forgive recoupment of all or part of an eligible member's benefit payments if the Adjutant General determines that the eligible member's failure to fulfill the eight-year service obligation is the result of one of the following:
(1) The eligible member's death.
(2) The eligible member's discharge because of disability incurred in the line of duty.
(3) The eligible member's discharge because of a medical determination that the eligible member is medically unfit for duty if the medical condition is outside the eligible member's control and is not due to the eligible member's misconduct.
(4) The existence of other compelling circumstances that warrant forgiveness.
Cross References.
Section 3227 is referred to in sections 3224, 3225 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 32 - Military Educational Programs › Section 3231 - Regulations

§ 3231. Regulations.
The Adjutant General shall promulgate regulations to carry out the provisions of this chapter.
(Nov. 3, 2022, P.L.2164, No.160, eff. 60 days)
2022 Amendment.
Act 160 renumbered former section 3221 to present section 3231.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 32 - Military Educational Programs › Section 3232 - Administration

§ 3232. Administration.
The General Assembly may appropriate funds to pay for grants under Subchapter B (relating to Medical Officer or Health Officer Incentive Program).
(Nov. 3, 2022, P.L.2164, No.160, eff. 60 days)
2022 Amendment.
Act 160 renumbered former section 3222 to present section 3232.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 51 - MILITARY AFFAIRS › Chapter 33 - Pennsylvania Guard › Section 3301 - Pay and expenses of officers and enlisted personnel

§ 3301. Pay and expenses of officers and enlisted personnel.
(a) Armory drills.--
All officers and enlisted personnel will receive pay for armory assemblies not to exceed 60 assembly days in any one year. The rate of pay shall be in accordance with the corresponding grades and length of service of the current Armed Forces Pay and Allowance Act. An assembly shall consist of at least four hours of training.
(b) Active State service.--
In the event of a calling of all or any part of the Pennsylvania Guard into active State service, the pay and transportation of officers and enlisted personnel shall be on the same basis as provided for similar grades under the current Armed Forces Pay and Allowance Act.
(c) Annual training.--
The Governor is further authorized to provide an annual training period for the Pennsylvania Guard, not to exceed 30 days in any one year, during which period the pay, allowances and transportation of officers and enlisted personnel shall be on the same basis as provided for similar grades in the current Armed Forces Pay and Allowance Act.
(Oct. 4, 1978, P.L.909, No.173, eff. 60 days)
1978 Amendment.
Act 173 amended subsec. (c).