(a) Liability.--An eligible member who fails to meet the eight-year service obligation of this subchapter or other requirements established by the Adjutant General or the agency shall be liable to the Commonwealth for repayment of all or part of benefit 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 3225(b) (relating to benefit) 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 an eligible member's benefit payments if the Adjutant General determines that the eligible member's failure to fulfill the eight-year service obligation is the result of one of the following:
(1) The eligible member's death.
(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 if 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 3227 is referred to in sections 3224, 3225 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 32 - Military Educational Programs
Section 3203 - Certification of eligibility
Section 3205 - Amount of grants
Section 3207 - Recoupment of grant payments
Section 3210 - Educational Assistance Program Fund
Section 3210.3 - Certification of eligibility
Section 3210.4 - Military Family Education Program grants
Section 3210.5 - Amount of Military Family Education Program grants
Section 3210.7 - Recoupment of Military Family Education Program grant payments
Section 3210.9 - Administration
Section 3210.10 - Military Family Education Program Fund
Section 3212 - Establishment of program
Section 3213 - Program stipend
Section 3214 - Additional incentives
Section 3215 - Promissory note
Section 3216 - Recoupment of incentive payments
Section 3217 - Adjustment of stipend amounts
Section 3222 - Military College Educational Assistance Program
Section 3224 - Program participation