(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.

(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.--A family member of an eligible member who is discharged for medical disability shall remain eligible to receive a Military Family Education Program grant under this subchapter if the former eligible member's medical disability meets the following criteria:

(1) The medical disability was incurred in the line of duty and was not the result of misconduct.

(2) The medical condition giving rise to the discharge did not exist prior to the eligible member entering service in the Pennsylvania National Guard.

(3) The medical disability was incurred while performing authorized military duty other than basic training, advanced individual training or other equivalent initial training.

(4) The former eligible member received an other than dishonorable discharge for medical reasons.

(5) The former eligible member had accepted an obligation to serve in the Pennsylvania National Guard and was qualified to fulfill the service obligation but for the medical disability that resulted in discharge.

(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.

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 immediately as to the remainder of the section.

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