SB169INTRODUCED Page 0 SB169 JG9TNFN-1 By Senator Kelley RFD: Finance and Taxation Education First Read: 28-Feb-24 1 2 3 4 5 JG9TNFN-1 02/22/2024 MAP (L)ma 2024-311 Page 1 First Read: 28-Feb-24 SYNOPSIS: Under existing law, educational benefits up to the undergraduate level are available to eligible dependents of deceased or disabled veterans, of those veterans who are listed as missing in action, and of those veterans who were prisoners of war while serving as a member of the United States Armed Forces. This bill would expand educational benefits to eligible dependents to include post-bachelor and graduate studies in a medical field. A BILL TO BE ENTITLED AN ACT Relating to Military Affairs; to amend Sections 31-6-4, 31-6-5, and 31-6-6, Code of Alabama 1975, to expand educational benefits for eligible dependents of deceased or disabled veterans and of veterans who are listed as missing in action and veterans who were prisoners of war while serving as a member of the United States Armed Forces, to include post-bachelor and graduate studies in a medical field. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1. Sections 31-6-4, 31-6-5, and 31-6-6, Code of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SB169 INTRODUCED Page 2 Section 1. Sections 31-6-4, 31-6-5, and 31-6-6, Code of Alabama 1975, are amended to read as follows: "§31-6-4 (a) Any child whose father or mother: (1) Was killed or died in line of duty or is listed as missing in action or is or was a prisoner of war or whose death or permanent total disabilities were service-connected while serving as a member of the armed forces; (2) Died from a disability incurred from military service, as established by the State Department of Veterans' Affairs, after having been discharged under conditions other than dishonorable and after having served at least 90 days consecutively in the armed forces prior to and/or subsequent to the date on which the disability occurred, or who was honorably discharged by reason of a qualifying service-connected disability after serving less than 90 days; (3) Was killed or died while on state active duty status as defined in Section 31-12-1, or whose death results proximately and within three years from an injury received while on state active duty status; or (4) Has been assigned 100 percent permanent or total disability rated by the United States Department of Veterans' Administration Affairs, or was discharged or retired from the armed forces with a 40 percent or more disability and maintained that percentage , or has been assigned 40 percent or more disability by the United States Department of Veterans' Affairs as a result of a service-connected condition regardless of when the disability rating is assigned ; may attend any qualifying school for a period of five standard 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 SB169 INTRODUCED Page 3 attend any qualifying school for a period of five standard academic years, not to exceed 45 months or the equivalent of 45 months if enrolled part-time, pursuant to the tuition reimbursement guidelines as provided in subsection (c). Training under this section must be initiated prior to the child's thirtieth birthday, and must be completed within eight years after its initiation, except for delays caused by military service during the training period, and in no case may training be received under this chapter beyond the thirty-eighth birthday of the child. (b) The educational benefits provided by this section to children making application for benefits for the first time beginning with the fall term of the 2014-2015 academic year, and thereafter, shall be limited toavailable for undergraduate courses of study and post-bachelor and graduate courses of study in a medical field only, and the value of tuition paid shall be limited to the in-state tuition rate of the qualifying school attended. (c) For those first filing for benefits under this chapter on or after July 31, 2017, and for those attending a qualifying private school, the educational benefit shall be for tuition reimbursement and books and fees reimbursement. The value of tuition paid per semester hour ,(or equivalent), shall be limited to the rate of the Department of Defense Tuition Assistance Cap. The value of the books and fees paid per semester shall be limited to one thousand dollars ($1,000) per student. (d) For the purpose of the minimum disability requirement provided for in subdivision (a)(4), the dependent 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 SB169 INTRODUCED Page 4 requirement provided for in subdivision (a)(4), the dependent of any veteran whose disability rating as of July 31, 2017, is at least 20 percent but less than 40 percent shall qualify for the benefits of this chapter, provided that the dependent shall file application for the benefits before July 31, 2023 2025, and the dependent is reasonably expected to be eligible to attend a qualifying school in the next academic year." "§31-6-5 (a) Any spouse or widow whose spouse, during their marriage: (1) Was killed or died in the line of duty or is listed as missing in action or is or was a prisoner of war while serving as a member of the armed forces; (2) Died from a disability incurred from military service; or (3) Is 100 percent permanently and totally disabled, whose permanent and total disabilities were service-connected; shall be entitled to training in any qualifying school for a period of five standard academic years, not to exceed 45 months, or to training for the equivalent of 45 months if enrolled part-time, pursuant to the tuition reimbursement guidelines as provided in subsection (c)(d). One change of program will be allowed without counseling. All training received under this section must be completed within eight years after its initiation. (b) This section shall not apply to the spouse of any deceased serviceman or veteran who has remarried prior to applying for and obtaining educational benefits under this section, and should any spouse of the deceased serviceman or 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 SB169 INTRODUCED Page 5 section, and should any spouse of the deceased serviceman or veteran remarry during the time he or she is in attendance upon any of the qualifying schools mentioned in this section, then he or she shall pay tuition and fees for the course of study or attendance upon the qualifying school from the time of the remarriage. (b)(c) The educational benefits provided by this section to spouses and widows making application for benefits for the first time beginning with the fall term of the 2014-2015 academic year, and thereafter, shall be limited toavailable for undergraduate courses of study onlyand post-bachelor and graduate courses of study in a medical field, and the value of tuition paid shall be limited to the in-state tuition rate of the qualifying school attended. (c)(d) For those first filing for benefits under this chapter on or after July 31, 2017, and for those attending a qualifying private school, the educational benefit shall be for tuition reimbursement and books and fees reimbursement. The value of tuition paid per semester hour ,(or equivalent), shall be limited to the rate of the Department of Defense Tuition Assistance Cap. The value of the books and fees paid per semester shall be limited to one thousand dollars ($1,000) per student." "§31-6-6 (a) The spouse and children of any veteran who is suffering from 40 to 90 percent service-connected disability brought about from service in the Armed Forces of the United States, or the widow and children of a deceased veteran who was suffering from 40 percent or more of service-connected 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 SB169 INTRODUCED Page 6 was suffering from 40 percent or more of service-connected disability at the time of death, as established by the State Department of Veterans' Affairs, shall be entitled to the following educational advantages and opportunities: (1) The spouse or widow shall be entitled to up to 27 months of schooling, or the equivalent of 27 months if enrolled part-time, in any qualifying school, pursuant to the tuition reimbursement guidelines as provided in subsection (d). One change of program will be allowed without counseling. All training received at qualifying schools under this subdivision must be completed within a period of six years after its initiation. (2) Each child of a disabled veteran shall be entitled to five standard academic years, or the equivalent of 45 months if enrolled part-time, in any qualifying school pursuant to the tuition reimbursement guidelines as provided in subsection (d). One change of program will be allowed without counseling. Training under this subdivision must be initiated prior to the child's twenty-sixth birthday, and must be completed within eight years after its initiation, except for delays caused by military service during the training period, and in no case may training be received under this section beyond the thirty-fourth birthday of the child. (b) For the purpose of the minimum disability requirement provided for in subsection (a), the dependent of any veteran whose disability rating as of July 31, 2017, is at least 20 percent but less than 40 percent shall qualify for the benefits of this chapter, provided that the dependent shall file application for benefits before July 31, 2023 2025, 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 SB169 INTRODUCED Page 7 shall file application for benefits before July 31, 2023 2025, and the dependent is reasonably expected to be eligible to attend a qualifying school in the next academic year. (c) The educational benefits provided by this section to spouses, children, and widows making application for benefits for the first time beginning with the fall term of the 2014-2015 academic year, and thereafter, shall be limited toavailable for undergraduate courses of study onlyand post-bachelor and graduate courses of study in a medical field, and the value of tuition paid shall be limited to the in-state tuition rate of the qualifying school attended. (d) For those first filing for benefits under this chapter on or after July 31, 2017, and for those attending a qualifying private school, the educational benefit shall be for tuition reimbursement and books and fees reimbursement. The value of tuition paid per semester hour ,(or equivalent), shall be limited to the rate of the Department of Defense Tuition Assistance Cap. The value of the books and fees paid per semester shall be limited to one thousand dollars ($1,000) per student." Section 2. This act shall become effective on January 1, 2025. 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189