APPENDIX TO TITLE 51

MILITARY AFFAIRS

Supplementary Provisions of Amendatory Statutes

1990, DECEMBER 17, P.L.700, NO.174

Preamble

The General Assembly finds and declares as follows:

(1) It is the intention of the General Assembly, as a matter of public policy, to reaffirm the support of this Commonwealth for members of the National Guard and other reserve components of the armed forces of the United States.

(2) The General Assembly recognizes that today's National Guard and reserve component forces are essential elements of our nation's total force for national defense and that members of the National Guard and other reserve components of the armed forces of the United States may be called or ordered to active duties in support of a wide variety of military contingencies and operations throughout the world.

(3) The General Assembly recognizes that the Pennsylvania National Guard provides vital support for this Commonwealth by constituting a well-trained, equipped and disciplined military force to respond to emergencies and other contingencies within this Commonwealth.

(4) The General Assembly finds and declares that the laws of this Commonwealth, providing support for the National Guard and other reserve components of the armed forces of the United States, should be updated in light of the current duties and responsibilities of the National Guard and reserve component forces as part of the total force.

Explanatory Note. Act 174 added or amended sections 702, 902, 1906, 3105, 4102, 7302, 7303(c), 7309, 7312, 7313 and 7314 of Title 51.

1996, MARCH 21, P.L.39, NO.12

§ 3. Use of existing forms, stationery, etc.

The Department of Military and Veterans Affairs shall continue to use or recycle all forms, stationery, business cards and other office supplies or materials which contain references to its predecessor department until the existing supplies and materials are depleted.

Explanatory Note. Act 12 amended sections 701 and 9201 of Title 51.

§ 4. Continuation of current rules and regulations.

Regulations promulgated by the Adjutant General or the Department of Military Affairs heretofore shall remain in full force and effect as regulations of the Department of Military and Veterans Affairs and references in such regulations to the department or the Department of Military Affairs shall be deemed a reference to the Department of Military and Veterans Affairs. Within 30 days of enactment of this act, the Adjutant General shall cause notice of the change of the name of the department to be published in the Pennsylvania Bulletin.

1996, JUNE 19, P.L.344, NO.56

Preamble

The General Assembly finds and declares as follows:

(1) The Pennsylvania National Guard must recruit thousands of young Pennsylvanians each year to attain and sustain its required troop strength to meet Federal manning requirements and to provide the Governor with a well-trained and organized military force to respond to emergencies in this Commonwealth.

(2) The men and women of the Pennsylvania National Guard face increasing leadership and technical challenges and the percentage of members of the National Guard with post-high school, college and technical education must be increased to meet these challenges.

(3) Currently available programs are not adequate to meet the financial needs of National Guard personnel who are pursuing a higher education or to attract young men and women into the National Guard who are high school graduates with the desire and ability to pursue their higher education in Commonwealth colleges and universities or business, trade and technical schools.

(4) The Pennsylvania National Guard needs a cadre of well-educated leaders to lead the Guard now and in the future.

(5) An innovative education assistance program will provide public service educational grants for members of the Pennsylvania National Guard and will keep Pennsylvania student soldiers in this Commonwealth and benefit Pennsylvania communities.

(6) An educational assistance program will reward those young Pennsylvanians who volunteer to serve their nation and Commonwealth as part of the Pennsylvania National Guard and will make this Commonwealth more competitive with other states and regular forces in the educational benefits offered to military personnel.

(7) The Educational Assistance Program is designed to provide public service educational grants to members of the Pennsylvania National Guard by means of grants administered by the Pennsylvania Higher Education Assistance Agency.

Explanatory Note. Act 56 repealed section 3104 and added Chapter 32 of Title 51.

§ 3. Educational grants.

(a) Continuation of tuition credit grants.--From appropriations to it for this purpose, the Department of Military Affairs may continue to pay tuition credit grants to members who, prior to the effective date of this act, received or applied for grants under 51 Pa.C.S. § 3104 for not more than three years after the effective date of this act.

(b) Pennsylvania National Guard.--A member of the Pennsylvania National Guard in an enlisted grade or in the grade of a warrant officer 1, warrant officer 2, first lieutenant or second lieutenant after completing a minimum enlistment period as defined by the Adjutant General, who enrolls in a Pennsylvania institution of higher learning, with degree-granting status as approved by the Department of Education, shall receive a grant of one-half the cost of the credit, with a maximum of $60 per credit while satisfactorily enrolled, with a maximum of six credits per quarter or semester or 12 credits per year.

(c) Certification by Adjutant General.--Grants shall be paid only upon certification each quarter or semester by the Adjutant General that the student is a current member in good standing with the Pennsylvania National Guard and that his current enlistment extends beyond the expiration date of the current quarter or semester.

(d) Annual appropriation.--The Department of Military Affairs shall administer the educational grants provided in this section from an appropriation made annually to the department for this purpose. The department may promulgate rules and regulations on the administration and management of this program. The grant program shall not exceed the amount of the appropriation. If the department determines that the amount appropriated will be insufficient to pay the grants in amounts set forth in subsection (b), the department shall reduce the amount of the grant payments proportionately so that the expenditures do not exceed the amounts appropriated.

(e) Eligibility.--No person shall receive a grant under this section if he is awarded a grant under 51 Pa.C.S. Ch. 32.

2007, DECEMBER 12, P.L.433, NO.66

§ 2. Applicability.

This act shall apply to fiscal years beginning on and after July 1, 2007, when and if funds are specifically appropriated to support the grant program established by this act. The appropriation to the Department of Military and Veterans Affairs for veterans outreach services in section 218 of the Act of July 17, 2007 (P.L.499, No.8A), known as the General Appropriation Act of 2007, shall be disbursed consistently with the provisions of this act.

Explanatory Note. Act 66 added section 9304 of Title 51.

2012, MAY 8, P.L.248, NO.36

§ 3. Continuation of prior law.

The addition of 51 Pa.C.S. Ch. 95 is a continuation of the act of October 9, 2008 (P.L.1413, No.114), known as the Long-Term Care Patient Access to Pharmaceuticals Act. The following apply:

(1) Except as otherwise provided in 51 Pa.C.S. Ch. 95, all activities initiated under the Long-Term Care Patient Access to Pharmaceuticals Act shall continue and remain in full force and effect and may be completed under 51 Pa.C.S. Ch. 95. Orders, regulations, rules and decisions which were made under the Long-Term Care Patient Access to Pharmaceuticals Act and which are in effect on the effective date of section 2 of this act shall remain in full force and effect until revoked, vacated or modified under 51 Pa.C.S. Ch. 95. Contracts, obligations and collective bargaining agreements entered into under the Long-Term Care Patient Access to Pharmaceuticals Act are not affected nor impaired by the repeal of the Long-Term Care Patient Access to Pharmaceuticals Act.

(2) Except as set forth in paragraph (3), any difference in language between 51 Pa.C.S. Ch. 95 and the Long-Term Care Patient Access to Pharmaceuticals Act is intended only to conform to the style of the Pennsylvania Consolidated Statutes and is not intended to change or affect the legislative intent, judicial construction or administration and implementation of the Long-Term Care Patient Access to Pharmaceuticals Act.

(3) Paragraph (2) does not apply to the addition of the following provisions of Title 51:

(i) Section 9502(3)(ii).

(ii) The definitions of "lockbox" and "means" in section 9503.

(iii) Section 9505(b)(7) introductory paragraph, (ii), (iii) and (iv) and (8).

Explanatory Note. Act 36 added Chapter 95 of Title 51.

2012, OCTOBER 24, P.L.1436, NO.181

§ 12. Applicability.

This act shall apply as follows:

(1) The amendment or addition of 51 Pa.C.S. § 7306(a) and (d) shall apply only to leaves of absence or military leaves of absence that are granted on or after the effective date of this section.

* * *

Explanatory Note. Act 181 amended section 7306 of Title 51 and sections 5102, 5302, 5303, 5304, 5306.3, 5307, 5308, 5505, 5506, 5507, 5509, 5706, 5707, 5902, 5905, 5906 and 5907 of Title 71.

§ 20. Requirements for qualification as qualified pension plan.

Nothing in this act which amends or supplements provisions of 51 Pa.C.S. or 71 Pa.C.S. Pt. XXV shall create in any member of the State Employees' Retirement System or in any other person claiming an interest in the account of any member a contractual right, either expressed or implied, in relation to requirements for qualification of the State Employees' Retirement System as a qualified pension plan under the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 1 et seq.), compliance with nor any construction of 38 U.S.C. Ch. 43 (relating to employment and reemployment rights of members of the uniformed services), known as the Uniformed Services Employment and Reemployment Rights Act or 71 Pa.C.S. Pt. XXV, as amended or supplemented, or any rules or regulations adopted under 71 Pa.C.S. Pt. XXV. The provisions of 71 Pa.C.S. Pt. XXV shall remain subject to the Internal Revenue Code of 1986, and the General Assembly reserves to itself the further exercise of its legislative power to amend or supplement the provisions as may from time to time be required in order to maintain the qualification of the system as a qualified pension plan under section 401(a) and other applicable provisions of the Internal Revenue Code of 1986 and 38 U.S.C. Ch. 43.

2013, JULY 1, P.L.174, NO.32

§ 13. Applicability.

This act shall apply as follows:

* * *

(2) The amendment or addition of 51 Pa.C.S. § 7306(a) and (e) shall apply to leaves of absence or military leaves of absence that are granted on or after the effective date of this section.

Explanatory Note. Act 32 amended sections 8102, 8302, 8303, 8304, 8305.2, 8306, 8325, 8326, 8346, 8347, 8502, 8505, 8506 and 8507 of Title 24 and section 7306 of Title 51.

§ 20. Qualifications under Internal Revenue Code of 1986.

The following shall apply:

(1) The amendment of 51 Pa.C.S. § 7306 or 24 Pa.C.S. Pt. IV shall not:

(i) Create in any member of the Public School Employees' Retirement System or in any other person claiming an interest in the account of any member a contractual right, either expressed or implied, in relation to requirements for qualification of the Public School Employees' Retirement System as a qualified pension plan under the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 1 et seq.).

(ii) Establish compliance with or affect any construction of:

(A) 38 U.S.C. Ch. 43.

(B) 24 Pa.C.S. Pt. IV or any rules or regulations adopted under 24 Pa.C.S. Pt. IV.

(2) The provisions of 24 Pa.C.S. Pt. IV shall remain subject to the Internal Revenue Code of 1986, and the General Assembly reserves to itself the further exercise of its legislative power to amend or supplement the provisions as may be required in order to maintain the qualification of the system as a qualified pension plan under section 401(a) and other applicable provisions of the Internal Revenue Code of 1986 and 38 U.S.C. Ch. 43.

2016, NOVEMBER 3, P.L.1053, NO.135

§ 7. Status of certain businesses.

The amendment of 51 Pa.C.S. §§ 9601 and 9602 shall not affect nor impair the status of any of the following under 51 Pa.C.S. Ch. 96 or 74 Pa.C.S.:

(1) A veteran-owned small business.

(2) A service-disabled veteran-owned small business.

Explanatory Note. Act 135 added Chapter 72 and Subchapter A heading of Chapter 96, amended section 9601, added Subchapter B heading of Chapter 96, amended section 9602 and added Subchapter C of Chapter 96 of Title 51.

2017, JUNE 12, P.L.11, NO.5

§ 401. Applicability.

The following shall apply:

(1) The following provisions shall not create in a member of the Public School Employees' Retirement System, a participant in the School Employees' Defined Contribution Plan or another person claiming an interest in the account of a member or participant an express or implied contractual right in the provisions nor in a construction of 24 Pa.C.S. Pt. IV, 51 Pa.C.S. or rules or regulations adopted under 24 Pa.C.S. Pt. IV or 51 Pa.C.S.:

(i) A provision of this act which amends 51 Pa.C.S. or 24 Pa.C.S. Pt. IV in relation to requirements for any of the following:

(A) (Reserved).

(B) Qualification of the School Employees' Defined Contribution Plan as a qualified pension plan under the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §§ 401(a) and 415(b)), or compliance with the Uniformed Services Employment and Reemployment Rights Act of 1994 (Public Law 103-353, 108 Stat. 3149).

(C) Domestic relations orders regarding alternate payees of participants in the School Employees' Defined Contribution Plan.

(ii) A construction of 24 Pa.C.S. Pt. IV or 51 Pa.C.S. or rules or regulations adopted under 24 Pa.C.S. Pt. IV or 51 Pa.C.S. or a term or provision of the School Employees' Defined Contribution Plan or School Employees' Defined Contribution Trust, established by statute or in the plan document or trust declaration or by contract with providers of investment and administrative services to the School Employees' Defined Contribution Plan or the School Employees' Defined Contribution Trust.

(2) The provisions of 24 Pa.C.S. Pt. IV shall remain subject to the Internal Revenue Code of 1986 and the Uniformed Services Employment and Reemployment Rights Act, and regulations under those statutes, and the General Assembly reserves to itself the further exercise of its legislative power to amend or supplement the provisions as may be required in order to maintain the qualification of the Public School Employees' Retirement System and the School Employees' Defined Contribution Plan as a qualified pension plan under section 401(a) and other applicable provisions of the Internal Revenue Code of 1986 and the Uniformed Services Employment and Reemployment Rights Act.

(3) The following provisions shall not create in a member of the State Employees' Retirement System, a participant in the State Employees' Defined Contribution Plan or another person claiming an interest in the account of a member or participant an expressed or implied contractual right in the provisions nor in a construction of 51 Pa.C.S. § 7306, 71 Pa.C.S. Pt. XXV, or rules or regulations adopted under 51 Pa.C.S. § 7306 or 71 Pa.C.S. Pt. XXV:

(i) A provision of this act which amends 51 Pa.C.S. § 7306 or 71 Pa.C.S. Pt. XXV, in relation to requirements for any of the following:

(A) Qualification of the State Employees' Defined Contribution Plan as a qualified pension plan under the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 401(a)).

(B) Compliance with the Uniformed Services Employment and Reemployment Rights Act of 1994 (Public Law 103-353).

(C) Domestic relations orders regarding alternate payees of participants in the State Employees' Defined Contribution Plan.

(ii) A construction of 51 Pa.C.S. or 71 Pa.C.S. Pt. XXV, or rules or regulation promulgated under 51 Pa.C.S. or 71 Pa.C.S. Pt. XXV, or a term or provision of the State Employees' Defined Contribution Plan or State Employees' Defined Contribution Trust established by statute or in the plan document or trust declaration or by contract with providers of investment and administrative services to the State Employees' Defined Contribution Plan or State Employees' Defined Contribution Trust.

(4) The provisions of 71 Pa.C.S. Pt. XXV shall remain subject to the Internal Revenue Code of 1986 and the Uniformed Services Employment and Reemployment Rights Act, and regulations promulgated under those statutes.

(5) The General Assembly reserves to itself the further exercise of its legislative power to amend or supplement the provisions of 71 Pa.C.S. Pt. XXV in order to maintain the qualification of the State Employees' Retirement System and the State Employees' Defined Contribution Plan as qualified pension plans under section 401(a) and other applicable provisions of the Internal Revenue Code of 1986 and the Uniformed Services Employment and Reemployment Rights Act.

Explanatory Note. Act 5 amended or added sections 8102, 8103, 8103.2, 8301, 8302, 8303, 8304, 8305, 8305.3, 8305.4, 8305.5, 8306, 8307, 8308, 8310, 8321, 8322.1, 8323, 8324, 8325.1, 8326, 8327, 8328, 8330, 8341, 8342, 8344, 8345, 8346, 8347 and 8349, Chapter 84, and sections 8501, 8502, 8502.2, 8503, 8505, 8506, 8507, 8521, 8522, 8524, 8525, 8531, 8533, 8533.1, 8533.2, 8533.3, 8533.4, 8533.5, 8534, 8535, 8535.1, 8537, 8538, 8702 of Title 24, section 7306 of Title 51 and sections 5102, 5103, 5104, 5301, 5302, 5303, 5303.2, 5304, 5305, 5305.1, 5306, 5306.1, 5306.2, 5306.3, 5306.4, 5306.5, 5307, 5308, 5308.1, 5309, 5310, 5311, 5501.1, 5502, 5503.1, 5504, 5505, 5506.1, 5507, 5508, 5509, 5701, 5701.1, 5702, 5704, 5705, 5705.1, 5706, 5707 and 5709, Chapter 58 and sections 5901, 5902, 5903, 5904, 5905, 5905.1, 5906, 5907, 5931, 5932, 5933, 5934, 5935, 5936, 5937, 5938, 5939, 5951, 5953, 5953.1, 5953.2, 5953.3, 5953.4, 5953.6, 5954, 5955, 5955.2, 5957 and 5958 of Title 71.