§ 3210.2. Eligibility.

687 words·~3 min read·/pa/title-51/chapter-32/3210-2

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(a)General rule.-- A family member is eligible to receive a Military Family Education Program grant under this subchapter if all of the following eligibility criteria are met:

(1)The eligible member from the Pennsylvania National Guard has been a satisfactory participant in the Pennsylvania National Guard activities for a minimum service period established by the Adjutant General or a former eligible member has received an other than dishonorable discharge.

(2)The eligible member accepted an obligation to serve in the Pennsylvania National Guard for a period of six years and has not accepted an obligation under Subchapter A (relating to Educational Assistance Program) for the same six-year period. Upon completion of a six-year obligation for which an eligible member received a Military Family Education Program grant, an eligible member may receive successive Military Family Education Program grants for a successive six-year commitment.

(3)The eligible member has assigned the benefit to the family member.

(4)The family member has enrolled as a student in an approved program of education at an approved institution of higher learning.

(5)If the family member is a spouse of an eligible member or former eligible member, then the spouse shall enroll in an approved program of education not more than six years after the eligible member or former eligible member's date of separation, medical discharge or death and the obligation stated under paragraph

(2)has been fulfilled. The Adjutant General may for good cause extend the six-year deadline in cases of extenuating circumstances.

(6)When an eligible member is ordered to serve on active duty for more than 30 consecutive days, including active duty for training, a family member who is the spouse may withdraw from a program of education and shall be granted an educational leave of absence as provided for under section 7313 (relating to educational leave of absence).

(b)Discharge for disability incurred in the line of duty.-- (Deleted by amendment).

(b.1) Retention of benefit.-- A family member of an eligible member who received an other than dishonorable discharge prior to completing the six-year obligation shall remain eligible to receive the earned proportional share of a Military Family Education Program grant under this subchapter if the former eligible member meets one the following criteria:

(1)the member was discharged because of a medical determination that was not the result of the eligible member's misconduct;

(2)the member was discharged at the convenience of the department or the Pennsylvania National Guard; or

(3)the existence of other compelling circumstances determined by the Adjutant General that warrant retention of the proportional or full benefit.

(c)Death of an eligible member.-- A family member of an eligible member who died while serving the obligation required in subsection (a)(2) shall remain eligible to receive a Military Family Education Program grant under this subchapter if the deceased eligible member met the following eligibility criteria at the time of death:

(1)The deceased eligible member was eligible for an other than dishonorable discharge.

(2)The deceased eligible member had accepted an obligation to serve in the Pennsylvania National Guard and was qualified to fulfill the service obligation but for the eligible member's death.

(3)Upon an eligible member's death, if the eligible member has not assigned the family member or family members to receive the Military Family Education Program grant as provided for under this subchapter, the surviving spouse or the administrator or executor of the estate shall designate the family member or family members to receive the Military Family Education Program grant.

51c3210.2v

(July 7, 2025, P.L.108, No.32, eff. 60 days)

2025 Amendment. Section 5 of Act 32 provided that the Department of Military and Veterans Affairs shall issue a policy statement addressing the implementation of the addition of subsec. (b.1).

Effective Date. Section 5(1) and

(2)of Act 32 of 2019 provided that subsec. (a)(1) and

(2)shall take effect July 1, 2019, subsec. (a)(3),

(4)and

(5)shall take effect August 1, 2020, and the remainder of the section shall take effect immediately.

Cross References. Section 3210.2 is referred to in section 3210.7 of this title.

51c3210.3s