51 Pa.C.S. Ch. 71

in effect

51 Pa.C.S. § 7101 Soldier defined (Repealed).

2020 Repeal. Section 7101 was repealed October 29, 2020, P.L.1045, No.102, effective in 60 days.

51 Pa.C.S. § 7101.1 Purpose.

The purpose of this chapter is to provide a hiring preference to qualified veterans seeking public employment in classified and unclassified services for the discipline and experience represented by the veteran's military training and by the loyalty and public spirit demonstrated by the veteran's service for the preservation of this nation and this Commonwealth. (Oct. 29, 2020, P.L.1045, No.102, eff. 60 days) 2020 Amendment. Act 102 added section 7101.1.

51 Pa.C.S. § 7101.2 Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "DD214." A United States Department of Defense Report of Separation Form 214 or a similarly effective form issued by the Department of Defense relating to separation from military service. "DD215." A United States Department of Defense Incomplete Awards, Decorations and Discharges Form 215 or similarly effective form issued by the Department of Defense to correct errors or make additions to a DD214 in order to ensure that the veteran has accurate discharge documentation. "Discharge papers or separation documents." A DD214, DD215 or NGB-22 form. "NGB-22." A National Guard Bureau Report of Separation and Record of Service Form 22 or a similarly effective form issued by the National Guard Bureau relating to separation from military service, specifically in the National Guard. "Requisite qualifications." The experience, education, academic success, training, certifications, proficiencies, interpersonal skills and intangibles required for an applicant to successfully perform in a public position. "Spouse of a disabled veteran." The spouse of a veteran who has been classified by the United States Department of Veterans Affairs' Veterans Benefits Administration as having a permanent total disability. "Statement of service." A statement of service for veterans on active duty or individuals who are still members of a reserve component or National Guard who must provide a statement signed by, or at the direction of the adjutant, personnel office or commander of the unit or higher headquarters to which the applicant has completed their initial contractual service obligations or is transitioning from active duty of the United States Armed Forces on terminal or transitional leave. "Surviving spouse." An unmarried spouse of a deceased veteran or of a service member who died on active duty in the United States Armed Forces, including a reserve component or National Guard. "Under conditions other than dishonorable." A condition in which a recipient of a discharge from service is any of the following: (1) A recipient of an honorable discharge. (2) A recipient of a general, under honorable conditions, discharge. (3) A recipient of a discharge under other than dishonorable conditions for which the recipient has been determined to be eligible for benefits afforded by the United States Department of Veterans Affairs. "Veteran." The term includes: (1) An individual who served, as evidenced by the veteran's discharge papers, separation documents or statement of service, or hereafter serves in any of the following: (i) in the armed forces of the United States, including a reserve component or National Guard, has completed their initial contractual military service obligation and their last discharge or release was under conditions other than dishonorable; (ii) in the armed forces of the United States, including a reserve component or National Guard, has served during a period of war or armed conflict as determined by the United States Department of Defense, has completed a tour of active duty for purposes other than training, was released from that period of active duty under conditions other than dishonorable and continues to serve; (iii) in the armed forces of the United States, including a reserve component or National Guard, has completed an initial contractual military service obligation and continues to serve; or (iv) in the armed forces of the United States, including a reserve component or National Guard, whose last discharge was due to a disability and under conditions other than dishonorable. (2) An active duty member of the armed forces of the United States who is completing a tour of active duty that is three years or more and is within 90 days of an approved discharge or release, as evidenced by documentation of the projected discharge or release from active duty under conditions other than dishonorable. (Oct. 29, 2020, P.L.1045, No.102, eff. 60 days; July 7, 2022, P.L.474, No.44, eff. 60 days) 2022 Amendment. Act 44 amended the defs. of "surviving spouse" and "veteran" and added the def. of "under conditions other than dishonorable." 2020 Amendment. Act 102 added section 7101.2. Cross References. Section 7101.2 is referred to in sections 1361, 1364 of Title 75 (Vehicles).

51 Pa.C.S. § 7102 Credits in civil service examinations (Repealed).

2020 Repeal. Section 7102 was repealed October 29, 2020, P.L.1045, No.102, effective in 60 days.

51 Pa.C.S. § 7103 Additional points in grading civil service examinations.

(a) Commonwealth examinations.--Whenever a veteran successfully passes a civil service appointment examination for a public position with the Commonwealth, or any political subdivision thereof, an additional 10 points shall be added to the veteran's final examination score and such score shall determine the veteran's standing on any eligible list certified or provided to the appointing authority. A veteran may not begin or hold the public position until proof of discharge papers, separation documents or statement of service are provided to the appointing authority. (b) Municipal examinations.--Whenever a veteran successfully passes an examination for appointment in the civil service of any of the various municipal agencies within this Commonwealth, as required by any existing law or any law which may hereafter be enacted, an additional 10 points shall be added to the veteran's final examination score and such score shall determine the veteran's standing on any eligible list certified or provided to the municipal agency. A veteran may not begin or hold the public position for a municipal agency until proof of discharge papers, separation documents or statement of service are provided to the municipal agency. (Oct. 29, 2020, P.L.1045, No.102, eff. 60 days) Cross References. Section 7103 is referred to in section 14405.1 of Title 11 (Cities); sections 2202, 3006 of Title 71 (State Government).

51 Pa.C.S. § 7104 Preference in appointment.

(a) Non-civil service.--Whenever a veteran possesses the requisite qualifications for appointment to a public position that is not subject to civil service appointment examination and the veteran is otherwise eligible for appointment, the appointing authority in making the appointment shall give preference to the veteran. A veteran may not begin or hold the public position until proof of discharge papers, separation documents or statement of service are provided to the appointing authority. (b) Name on civil service list.--Whenever a veteran's name appears on an eligible list certified or provided as the result of a civil service examination, the appointing authority in making an appointment to a public position shall give preference to the veteran, notwithstanding the veteran's standing on the eligible list if the appointment is otherwise made in accordance with 71 Pa.C.S. § 2402 (relating to selection and appointment of eligibles). A veteran may not begin or hold the public position until proof of discharge papers, separation documents or statement of service are provided to the appointing authority. (c) Name not on civil service list.--In making an appointment to a public position where a civil service examination is required, an appointing authority may give preference to a veteran who has passed the required examination for appointment to such position and otherwise possesses the requisite qualifications of the public position, notwithstanding that the veteran's name does not appear on the eligible list certified or provided to the appointing authority. A veteran may not begin or hold the public position until proof of discharge papers, separation documents or statement of service are provided to the appointing authority. (Oct. 29, 2020, P.L.1045, No.102, eff. 60 days)

51 Pa.C.S. § 7105 Lack of formal training and education, age or physical impairment.

(a) Training and education.--In determining whether a veteran possesses the requisite qualifications for an appointment, appointing authorities shall consider relevant training or education received by a veteran during the veteran's service in the armed forces of the United States, including a reserve component or National Guard, in lieu of formal training and education. (b) Age or physical impairment.--The age or loss of limb or other physical impairment that does not incapacitate a veteran shall not be used to disqualify the veteran, provided the veteran possesses the requisite qualifications to satisfactorily perform in a public position. (Oct. 29, 2020, P.L.1045, No.102, eff. 60 days)

51 Pa.C.S. § 7106 Preferential rating provision in public works specifications.

Whenever the Commonwealth issues specifications for the construction, alteration or repair of any public works, such specifications shall include a provision under which the contractors and subcontractors shall agree to give a hiring preference similar to that given by the Commonwealth to any veteran making application for employment upon such public works. (Oct. 29, 2020, P.L.1045, No.102, eff. 60 days)

51 Pa.C.S. § 7107 Computation of seniority for reduction in force.

Whenever a reduction in force is necessary in any public position, or on public works of the Commonwealth and its political subdivisions, and personnel are discharged according to seniority, the number of years of service of any veteran shall be determined by adding the veteran's total years of service in the civil service or on public works to the veteran's total years of service as a member of the armed forces of the United States, including a reserve component or National Guard, during any period of war or armed conflict in which the United States engaged other than for periods of active duty training. (Oct. 29, 2020, P.L.1045, No.102, eff. 60 days)

51 Pa.C.S. § 7108 Preference of spouses.

The same preference given to veterans under the provisions of this chapter shall be extended to the surviving spouse or spouse of a disabled veteran. (Oct. 4, 1978, P.L.909, No.173, eff. 60 days; Oct. 29, 2020, P.L.1045, No.102, eff. 60 days) Cross References. Section 7108 is referred to in sections 2202, 3006 of Title 71 (State Government).

51 Pa.C.S. § 7109 Law exclusive.

This chapter shall be construed as being the exclusive law applying to the Commonwealth, and its political subdivisions and municipal agencies, in giving preference to veterans in appointment to, or retention in, public position or on public works. (Oct. 29, 2020, P.L.1045, No.102, eff. 60 days)

51 Pa.C.S. § 7110 Reporting requirement.

(a) Office of Administration report.--The Office of Administration shall provide a consolidated report to the Adjutant General depicting the previous fiscal year's statistics for veterans appointed by the Commonwealth into non-civil service and civil service positions, including aggregate totals by agency. (b) Department report.--The department shall provide an annual report on this chapter to the chair and minority chair of the State Government Committee of the Senate, the chair and minority chair of the State Government Committee of the House of Representatives, the chair and minority chair of the Veterans Affairs and Emergency Preparedness Committee of the Senate and the chair and minority chair of the Veterans Affairs and Emergency Preparedness Committee of the House of Representatives. (Oct. 29, 2020, P.L.1045, No.102, eff. 60 days) 2020 Amendment. Act 102 added section 7110.

51 Pa.C.S. § 7111 Guidelines.

The department shall annually establish veterans' preference guidelines and verify the Federal qualifying periods of service during a war or armed conflict to ensure understanding of the required documents and compliance with this chapter and Chapter 72 (relating to voluntary veterans' preference in private employment). (Oct. 29, 2020, P.L.1045, No.102, eff. 60 days) 2020 Amendment. Act 102 added section 7111.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=51Fetched: 10/16/2026