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Pennsylvania Code



Subchapter B. EDUCATIONAL GRATUITY PROGRAM


Sec.


5.11.    Definitions.
5.12.    Purpose.
5.13.    Certification of service.
5.14.    Procedure.
5.15.    Review and approval.
5.16.    Eligibility criteria.
5.17.    Determining financial need.
5.18.    Payment.
5.19.    Transfer.
5.20.    Reconsideration and appeals.

§ 5.11. Definitions.

 The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

   Act—Title 51 of the Pennsylvania Consolidated Statutes Chapter 87 (relating to educational gratuity program).

   Bureau—The Bureau for Veterans’ Affairs of the Department.

   Commission—The State Veterans’ Commission.

   Department—The Department of Military Affairs of the Commonwealth.

   Eligible disabled or deceased veteran—A person who served in the military or naval forces of the United States, or a women’s organization officially connected therewith, who did one of the following:

     (i)   Was killed in action or died as a result of wounds incurred during war or armed conflict or as a result of hostile fire or terrorist attack during peacetime, as determined by the Department.

     (ii)   Died in service during a period of war or armed conflict.

     (iii)   Was honorably discharged from the military or naval forces of the United States and certified by the United States Department of Veterans’ Affairs as a 100% disabled veteran as a result of service during war or armed conflict or as a result of hostile fire or terrorist attack, as determined by the Department during peacetime.

     (iv)   Was honorably discharged from the military or naval forces of the United States and died as a result of a service-connected disability, as certified by the United States Department of Veterans’ Affairs, incurred during war or armed conflict or as a result of peacetime hostile fire or terrorist attack, as determined by the Department.

   Gratuity—Payments in amounts authorized by law to provide educational assistance for eligible children of certain veterans.

   Military or naval service of the United States—The United States Army, Navy, Air Force, Marine Corps, Coast Guard and the reserve components thereof when engaged in active Federal military service. The term also includes members of the American Merchant Marine in oceangoing service during the period of armed conflict from December 7, 1941 to August 15, 1945, who have a Department of Defense Certificate of Release or Discharge from Active Duty or its equivalent.

   Peacetime hostile fire—A situation resulting in casualties to members of the military or naval forces of the United States, or women’s organizations officially connected therewith, during periods other than established war or armed conflict service dates when American armed forces are engaged in hostilities or exchange fire with the armed forces of a foreign state or terrorists or when American armed forces are targets of fire from the armed forces of foreign states or terrorists.

   Terrorist attack—An act of violence, including bombings, kidnappings, shootings and assaults, perpetrated by individuals or groups against members of the military or naval forces of the United States (or a women’s organization officially connected therewith) for political, anarchist or other motives.

   War or armed conflict—The Mexican border period, World War I, World War II, the Korean Conflict, the Vietnam Era and periods beginning on the date of a future declaration of war by Congress and ending on the date prescribed by Presidential proclamation or concurrent resolution, as well as dates established by Federal statute or regulations of the United States Department of Veterans’ Affairs.

Authority

   The provisions of this §  5.11 amended under the Military Code, 51 Pa.C.S. §  1704(7).

Source

   The provisions of this §  5.11 adopted January 1, 1930; amended August 23, 1991, effective August 24, 1991, 21 Pa.B. 3813. Immediately preceding text appears at serial page (110343).

Cross References

   This section cited in 43 Pa. Code §  5.16 (relating to eligibility criteria).

§ 5.12. Purpose.

 The purpose of this subchapter is to provide eligibility criteria for the Educational Gratuity Program and to establish standard procedures for the filing and disposition of applications for this gratuity.

Authority

   The provisions of this §  5.12 amended the Military Code,under 51 Pa.C.S. §  1704(7).

Source

   The provisions of this §  5.12 adopted January 1, 1930; amended August 23, 1991, effective August 24, 1991, 21 Pa.B. 3813. Immediately preceding text appears at serial page (110343).

§ 5.13. Certification of service.

 The United States Department of Veterans’ Affairs shall be the source for certification that a veteran’s death or total disability resulted from wartime or armed conflict, hostile fire or terrorist attack.

Authority

   The provisions of this §  5.13 amended under the Military Code, 51 Pa.C.S. §  1704(7).

Source

   The provisions of this §  5.13 adopted January 1, 1930; amended August 23, 1991, effective August 24, 1991, 21 Pa.B. 3813. Immediately preceding text appears at serial page (110343).

§ 5.14. Procedure.

 (a)  Application forms. Application shall be made on MA-VA Form 30. This form is available from: Department of Military Affairs, Bureau for Veterans’ Affairs, Fort Indiantown Gap, Annville, Pennsylvania 17003-5002 and Adjutant General Offices located in Pittsburgh, Philadelphia and Wilkes-Barre and County Directors of Veterans’ Affairs.

 (b)  Complete application. When applying for the educational gratuity the applicant shall provide the information requested on the application for educational gratuity (MA-VA 30).

 (c)  Executing the application. The applicant shall complete and sign MA-VA 30. The signer of the form shall certify under the penalty of law that the information provided is true and correct to the best of the applicant’s knowledge and belief.

 (d)  Additional documentation. The Bureau will obtain additional information, verification or documentation to process applications (MA-VA Form 30).

 (e)  Mailing address. The applicant shall mail or otherwise deliver the completed MA-VA Form 30 to the following address: Educational Gratuity Program, Bureau for Veterans’ Affairs, Department of Military Affairs, Fort Indiantown Gap, Annville, Pennsylvania 17003-5002.

Authority

   The provisions of this §  5.14 issued under the Military Code, 51 Pa.C.S. §  1704(7).

Source

   The provisions of this §  5.14 adopted August 23, 1991, effective August 24, 1991, 21 Pa.B. 3813.

§ 5.15. Review and approval.

 (a)  The Bureau will examine the application, additional documentation and other applicable information and present it to the Commission along with staff recommendation for approval or disapproval.

 (b)  The Bureau will advise the applicant of the disposition of the application. If the application is approved, an approval letter will be mailed to the applicant advising that Statement Form (MA-VA 32) shall be requested by the applicant for each subsequent term/semester. Statement Forms MA-VA 32 will be completed by the institution if the student is studying or training and returned to the Bureau for payment.

Authority

   The provisions of this §  5.15 issued under the Military Code, 51 Pa.C.S. §  1704(7).

Source

   The provisions of this §  5.15 adopted August 23, 1991, effective August 24, 1991, 21 Pa.B. 3813; corrected September 28, 1991, effective August 24, 1991, 21 Pa.B. 4413.

§ 5.16. Eligibility criteria.

 (a)  Parents. Eligibility for the educational gratuity is established on the record of service of that parent of the applicant who was or is an eligible disabled or deceased veteran as defined in §  5.11 (relating to definitions).

 (b)  Child. A student may qualify for the educational gratuity if the following qualifications are met. The student is:

   (1)  Between the ages of 16 and 23.

   (2)  The child of an eligible disabled or deceased veteran as defined in §  5.11.

   (3)  A resident of this Commonwealth for 5 years immediately preceding the date the application was filed.

   (4)  Attending an approved educational institution.

   (5)  Able to demonstrate a financial need for the gratuity.

Authority

   The provisions of this §  5.16 issued under the Military Code, 51 Pa.C.S. §  1704(7).

Source

   The provisions of this §  5.16 adopted August 23, 1991, effective August 24, 1991, 21 Pa.B. 3813.

§ 5.17. Determining financial need.

 (a)  Funds available to defray educational expenses include the financial benefits, grants and income of the qualified child—applicant—from whatever source derived, including Veterans Affairs Survivors’ and Dependents’ Educational Assistance, Social Security Benefits, Pennsylvania State Grants (PHEAA), Federal Pell Grants, Supplemental Educational Opportunity Grants (SEOG), institutional scholarships and grants, private and noninstitutional awards, as well as the applicant’s earnings from employment and his income from interest, dividends or otherwise.

 (b)  The educational expenses of the qualified child include costs incurred in connection with obtaining the education, including tuition, room, board, books, supplies, travel, clothing, recreation and incidentals.

 (c)  An applicant shall be considered to have demonstrated a financial need for the educational gratuity when the educational expenses, calculated under subsection (b) equal or exceed the funds available to defray the educational expenses as determined under subsection (a).

Authority

   The provisions of this §  5.17 issued under the Military Code, 51 Pa.C.S. §  1704(7).

Source

   The provisions of this §  5.17 adopted August 23, 1991, effective August 24, 1991, 21 Pa.B. 3813.

§ 5.18. Payment.

 The Bureau will make gratuity payments not exceeding $500 per term or semester to the educational institution, upon the submission by them of proof of the matriculation of the applicant. Payments will not be made directly to the applicant. Whenever a student awarded gratuity payments is completing an educational or training course and becomes 23 years of age before completing the course, the educational gratuity payment may be paid until the course is completed. Educational gratuity payments may not be made for longer than 4 scholastic years. The Bureau may adjust the payments per term or semester per child so that total payments under the Educational Gratuity Program do not exceed the amount of the appropriations.

Authority

   The provisions of this §  5.18 issued under the Military Code, 51 Pa.C.S. §  1704(7).

Source

   The provisions of this §  5.18 adopted August 23, 1991, effective August 24, 1991, 21 Pa.B. 3813.

§ 5.19. Transfer.

 (a)  An educational gratuity payment may not be applied to an educational or training institution other than the one listed as payee on a check issued in payment of the gratuity.

 (b)  If a student transfers to another educational or training institution after an application for educational gratuity has been approved, a new application for the educational gratuity shall be filed and presented to the Commission for approval or disapproval.

Authority

   The provisions of this §  5.19 issued under the Military Code, 51 Pa.C.S. §  1704(7).

Source

   The provisions of this §  5.19 adopted August 23, 1991, effective August 24, 1991, 21 Pa.B. 3813.

§ 5.20. Reconsideration and appeals.

 (a)  Reconsideration of initial determination. An applicant may ask the Commission to reconsider its initial determination within 30 days after notification of the original determination by submitting a written request, together with a statement of reasons or additional information, to the Bureau.

 (b)  Appeals. A person aggrieved by a determination of the Commission may appeal to the Adjutant General as provided in 51 Pa.C.S. §  8703(c) (relating to eligibility and qualification requirements) within 30 days after notification of the determination. An appeal shall be in writing and state the reasons for the appeal. The Adjutant General, in consultation with the Chairperson of the Commission, will appoint a member of the Commission or other qualified individual to serve as a presiding officer to hear the appeal and prepare and file a proposed report on the matter as provided by 1 Pa. Code Chapter 35 Subchapter G (relating to proposed reports). The Adjutant General will issue the final administrative adjudication of appeals under this subsection.

 (c)  Supersession. Subsections (a) and (b) supersede 1 Pa. Code §  35.20 (relating to appeals from actions of the staff).

Authority

   The provisions of this §  5.20 issued under the Military Code, 51 Pa.C.S. §  1704(7).

Source

   The provisions of this §  5.20 adopted August 23, 1991, effective August 24, 1991, 21 Pa.B. 3813.



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