43 Pa. Code § 5.11

Current through Register Vol. 54, No. 45, November 9, 2024

Section 5.11 - Definitions

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

Act-Title 51 of the Pennsylvania Consolidated Statutes Chapter 87 (relating to educational gratuity program).

Bureau-The Bureau for Veterans' Affairs of the Department.

Commission-The State Veterans' Commission.

Department-The Department of Military Affairs of the Commonwealth.

Eligible disabled or deceased veteran-A person who served in the military or naval forces of the United States, or a women's organization officially connected therewith, who did one of the following:

(i) Was killed in action or died as a result of wounds incurred during war or armed conflict or as a result of hostile fire or terrorist attack during peacetime, as determined by the Department.

(ii) Died in service during a period of war or armed conflict.

(iii) Was honorably discharged from the military or naval forces of the United States and certified by the United States Department of Veterans' Affairs as a 100% disabled veteran as a result of service during war or armed conflict or as a result of hostile fire or terrorist attack, as determined by the Department during peacetime.

(iv) Was honorably discharged from the military or naval forces of the United States and died as a result of a service-connected disability, as certified by the United States Department of Veterans' Affairs, incurred during war or armed conflict or as a result of peacetime hostile fire or terrorist attack, as determined by the Department.

Gratuity-Payments in amounts authorized by law to provide educational assistance for eligible children of certain veterans.

Military or naval service of the United States-The United States Army, Navy, Air Force, Marine Corps, Coast Guard and the reserve components thereof when engaged in active Federal military service. The term also includes members of the American Merchant Marine in oceangoing service during the period of armed conflict from December 7, 1941 to August 15, 1945, who have a Department of Defense Certificate of Release or Discharge from Active Duty or its equivalent.

Peacetime hostile fire-A situation resulting in casualties to members of the military or naval forces of the United States, or women's organizations officially connected therewith, during periods other than established war or armed conflict service dates when American armed forces are engaged in hostilities or exchange fire with the armed forces of a foreign state or terrorists or when American armed forces are targets of fire from the armed forces of foreign states or terrorists.

Terrorist attack-An act of violence, including bombings, kidnappings, shootings and assaults, perpetrated by individuals or groups against members of the military or naval forces of the United States (or a women's organization officially connected therewith) for political, anarchist or other motives.

War or armed conflict-The Mexican border period, World War I, World War II, the Korean Conflict, the Vietnam Era and periods beginning on the date of a future declaration of war by Congress and ending on the date prescribed by Presidential proclamation or concurrent resolution, as well as dates established by Federal statute or regulations of the United States Department of Veterans' Affairs.

43 Pa. Code § 5.11

The provisions of this §5.11 adopted January 1, 1930; amended August 23, 1991, effective 8/24/1991, 21 Pa.B. 3813.

The provisions of this §5.11 amended under the Military Code, 51 Pa.C.S. § 1704(7).

This section cited in 43 Pa. Code § 5.16 (relating to eligibility criteria).