SB 91 — An Act amending the act of December 16, 1998 (P.L.980, No.129), known as the Police Officer, Firefighter, Correction Employee and National Guard Member Child Beneficiary Education Act, further providing for definitions and for Postsecondary Educational Gratuity Program; and repealing provisions relating to retroactivity.

PRINTER'S NO.   46

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 91
                                               Session of
                                                 2025

     INTRODUCED BY MASTRIANO, CULVER AND FONTANA, JANUARY 22, 2025

     REFERRED TO VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS,
        JANUARY 22, 2025


                                    AN ACT
 1   Amending the act of December 16, 1998 (P.L.980, No.129),
 2      entitled "An act providing for a waiver of tuition and other
 3      fees for children of certain deceased police officers,
 4      National Guard members, firefighters and correction employees
 5      at community colleges and State-owned and State-related
 6      institutions of higher education and for additional powers
 7      and duties of the Pennsylvania Higher Education Assistance
 8      Agency and the Department of General Services," further
 9      providing for definitions and for Postsecondary Educational
10      Gratuity Program; and repealing provisions relating to
11      retroactivity.
12      The General Assembly of the Commonwealth of Pennsylvania
13   hereby enacts as follows:
14      Section 1.    The definitions of "firefighter," "municipality,"
15   "police officer" and "volunteer fire company" in section 2 of
16   the act of December 16, 1998 (P.L.980, No.129), known as the
17   Police Officer, Firefighter, Correction Employee and National
18   Guard Member Child Beneficiary Education Act, are amended to
19   read:
20   Section 2.   Definitions.
21      The following words and phrases when used in this act shall
22   have the meanings given to them in this section unless the
 1   context clearly indicates otherwise:
 2      * * *
 3      "Firefighter."     An individual employed in that capacity on a
 4   full-time basis [by a municipality] or a member of a volunteer
 5   fire company [of this Commonwealth]. The term includes members
 6   of a rescue squad or ambulance service [as defined in the act of
 7   June 24, 1976 (P.L.424, No.101), referred to as the Emergency
 8   and Law Enforcement Personnel Death Benefits Act.]. The term
 9   includes members of a rescue squad or ambulance service outside
10   of this Commonwealth.
11      * * *
12      ["Municipality."     A county, city, borough, incorporated town
13   or township, regardless of form of government.]
14      * * *
15      "Police officer."     An individual employed on a full-time or
16   part-time basis by the Commonwealth as a member of the
17   Pennsylvania State Police Force or an individual employed on a
18   full-time or part-time basis as a police officer [by a
19   municipality of this Commonwealth]. The term includes a police
20   officer employed outside of this Commonwealth.
21      * * *
22      "Volunteer fire company."     A nonprofit chartered corporation,
23   association or organization [located in this Commonwealth] which
24   provides fire protection services [within this Commonwealth].
25      Section 2.     Section 3(a) of the act is amended to read:
26   Section 3.     Postsecondary Educational Gratuity Program.
27      (a)   Establishment.--
28            (1)   There is hereby established the Postsecondary
29      Educational Gratuity Program for children of police officers,
30      firefighters, correction employees, sheriffs, deputy sheriffs

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 1      and National Guard members and certain other individuals who
 2      are on Federal or State active military duty who, except as
 3      provided under paragraph (2), are residents of this
 4      Commonwealth who are killed while acting in the performance
 5      of their duties.
 6          (2)    A police officer, firefighter, sheriff or deputy
 7      sheriff who is employed in that capacity on a full-time basis
 8      outside this Commonwealth or as a member of a volunteer fire
 9      company located outside of this Commonwealth must have been a
10      full-time resident of this Commonwealth for a continuous
11      period of at least three years at the time of their death.
12      * * *
13      Section 3.   Section 8 of the act is repealed:
14   [Section 8.   Retroactivity.
15      This act shall be retroactive to January 1, 1976, and the
16   benefit provided shall be available to qualified children of
17   police officers, firefighters, correction employees and National
18   Guard members of this Commonwealth killed in the performance of
19   their duties since that date. No community college, State-owned
20   or State-related institution shall reimburse qualified children
21   for tuition and fees or room and board charges paid between
22   January 1, 1976, and the effective date of this act.]
23      Section 4.   The amendment of the definitions of
24   "firefighter," "municipality," "police officer" and "volunteer
25   fire company" in section 2 and section 3(a) of the act shall
26   apply retroactively to January 1, 2004, and the benefit provided
27   shall be available to qualified children of police officers,
28   firefighters, rescue squad or ambulance service members,
29   sheriffs and deputy sheriffs killed in the performance of their
30   duties since that date. A community college, State-owned or

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1   State-related institution may not reimburse qualified children
2   for tuition and fees or room and board charges paid between
3   January 1, 2004, and the effective date of this section.
4      Section 5.   The Legislative Reference Bureau shall, within 30
5   days of the effective date of this section, remove the findings
6   and declarations from the act.
7      Section 6.   This act shall take effect immediately.




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