(a) General rule.--An eligible member who fails to meet the six-year service obligation of this subchapter or to meet other requirements established by the Adjutant General or the agency is liable to the Commonwealth for repayment of all or part of Military Family Education Program grant payments made. The Adjutant General shall notify the agency if an eligible member fails to complete the service obligation and the promissory note under section 3210.4(b) (relating to Military Family Education Program grants) shall be repaid by the eligible member upon demand of the agency on a schedule as the agency may determine.
(b) Forgiveness of recoupment.--Upon notification by the Adjutant General, the agency shall forgive recoupment of all or part of a family member's Military Family Education Program grant payments if the Adjutant General determines that the eligible member's failure to fulfill the six-year service obligation is the result of one of the following:
(1) The eligible member's death. If all provisions in section 3210.2(c) (relating to eligibility) are not met, the Military Family Education Program grant shall be repaid by the family member or family members who used the benefit upon demand of the agency on a schedule as the agency may determine.
(2) The eligible member's discharge because of disability incurred in the line of duty.
(3) The eligible member's discharge because of a medical determination that the eligible member is medically unfit for duty when the medical condition is outside the eligible member's control and is not due to the eligible member's misconduct.
(4) The existence of other compelling circumstances that warrant forgiveness.
Cross References. Section 3210.7 is referred to in section 3210.4 of this title.
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