51 Pa.C.S. Ch. 73

in effect

51 Pa.C.S. § 7301 Definitions.

The following words and phrases when used in this chapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section: "Active military service." Active service in any of the armed services or forces of the United States or of this Commonwealth. "Be drafted." To be drafted, to be ordered into active military service if a member of a reserve component of the armed forces, or in any way to enter involuntarily, or remain in active military service, or to enter voluntarily into active military service for such period as is necessary to satisfy one's draft obligation. "Employee." Any appointed officer or employee regularly employed by the Commonwealth, in its civil service or otherwise, or by any department, board, bureau, commission, authority, agency or office thereof, or by any political subdivision or local authority of the Commonwealth, but shall not mean any employee of any school district or vocational school district. "Enlist." To enlist, enroll, reenlist, or in any way voluntarily to enter or remain in active military service. "Reserve component of the armed forces." The United States Army Reserve, United States Navy Reserve, United States Marine Corps Reserve, United States Coast Guard Reserve, United States Air Force Reserve, Pennsylvania National Guard and Pennsylvania Air National Guard. Cross References. Section 7301 is referred to in section 1301 of Title 16 (Counties); section 8302 of Title 24 (Education); section 2707.1 of Title 30 (Fish); section 2706 of Title 34 (Game); section 5302 of Title 71 (State Government).

51 Pa.C.S. § 7302 Granting military leaves of absence.

(a) Enlistment or draft.--Whenever any employee shall, in time of war or armed conflict, or emergency proclaimed by the Governor or by the President of the United States, enlist or shall, at any time, be drafted into the active military service of the United States, he shall be automatically granted a military leave of absence. So long as an employee is on military leave of absence, he shall not be removed from his employment and his duties shall either be performed by other employees or by a temporary substitute. During such time he may receive remuneration from his civilian employer. (b) Reserve components.--Whenever any employee who is a member of a reserve component of the armed forces shall be called or ordered to active duty by the United States and whenever any employee who is a member of the Pennsylvania National Guard shall be ordered to active State duty or special State duty by the Governor or his designee, he shall automatically be granted a military leave of absence. (Dec. 17, 1990, P.L.700, No.174, eff. imd.; Nov. 22, 2000, P.L.670, No.90, eff. imd.) Cross References. Section 7302 is referred to in sections 8102, 8506 of Title 24 (Education); sections 5102, 5902, 5906 of Title 71 (State Government).

51 Pa.C.S. § 7303 Expiration of military leaves of absence.

(a) Employees who enlisted.--Every military leave of absence granted to an employee by reason of his enlistment in the active military service in time of war or armed conflict, or emergency proclaimed by the Governor or by the President of the United States, shall expire 90 days after the expiration of the first period of his enlistment to expire at a time when the United States is not engaged in a war or armed conflict or emergency proclaimed by the Governor or by the President of the United States. (b) Employees who were drafted.--Every military leave of absence granted to an employee by reason of his having been drafted shall expire 90 days after the expiration of the period for which he was drafted. (c) Employees who were members of reserve components.--Every military leave of absence granted to an employee by reason of his having been called or ordered to military duty as a member of a reserve component of the armed forces of the United States shall expire 90 days after the expiration of the period of the military duty. Every military leave of absence granted to an employee by reason of his having been ordered to active State duty or special State duty as a member of the Pennsylvania National Guard shall expire 30 days after the expiration of the period of the State duty. (Dec. 17, 1990, P.L.700, No.174, eff. imd.) 1990 Amendment. Act 174 added subsec. (c), retroactive to August 1, 1990.

51 Pa.C.S. § 7304 Reemployment rights.

Every employee shall have the right to return to his employment at any time prior to the expiration of his military leave of absence upon notifying his employer of his desire and availability so to return. Cross References. Section 7304 is referred to in section 7305 of this title.

51 Pa.C.S. § 7305 Seniority rights.

Every employee who returns to his employment at the time of or prior to the expiration of his military leave of absence shall be restored as provided in section 7304 (relating to reemployment rights) in such manner as to give him such status in his employment as he would have enjoyed if he had continued in such employment continuously from the time of his entering the armed forces until the time of his restoration to such employment.

51 Pa.C.S. § 7306 Retirement rights.

(a) Options available to employees.--Any employee who is a member of a retirement system other than an active member or inactive member on leave without pay of the State Employees' Retirement System, an active participant or inactive participant on leave without pay of the State Employees' Defined Contribution Plan, an active or inactive member of the Public School Employees' Retirement System or an active or inactive participant of the School Employees' Defined Contribution Plan at the time he is granted a military leave of absence shall be entitled to exercise any one of the following options in regard thereto: (1) He may continue to make regular payments into the fund during the period of his military leave of absence. The amount of such payments shall be the same as they would have been, had he not been granted a military leave of absence, but had instead remained actively in his employment. The time of making such payments shall be mutually agreed upon by the employee and the retirement association of which he is a member, but in no event shall be less frequent than semiannually. The employer shall make its contributions on the same basis as is used to compute the employee's contributions. In this case, his retirement rights shall be determined on the basis that he was in the active, continuous and uninterrupted employ of his employer for the period during which he was on military leave of absence. (2) He may discontinue making payments into the fund during the period of his military leave of absence. In such event, the employer shall also discontinue making its contributions during this period. In this case, his retirement rights shall be determined by completely disregarding the period of his military leave of absence for all purposes. (b) Exercise of options.--Any employee, desiring to exercise option (1) in subsection (a), shall so signify, in writing, to the retirement association of which he is a member within 60 days after the commencement of his military leave of absence or within 60 days after the effective date of this chapter, whichever shall later occur. Any employee who does not exercise option (1) in this manner will be deemed to have exercised option (2). (c) Change of option.--Any employee who has exercised option (2) in subsection (a), but who, upon the expiration of his military leave of absence, returns to his employment and desires to receive the benefits of option (1), shall have the right to receive such benefits if he shall comply with the following requirements: (1) He shall, within six months after he returns to his employment, give written notice to the retirement association of which he is a member of his desire to receive the benefits of option (1). (2) He shall pay into the retirement fund an amount equal to the total payments he would have made had he exercised option (1). Payment of such amount may be spread over a period of time agreeable to the retirement association and the employee, which in no event shall exceed a period commencing with the date he returned to his employment and equal in duration to the duration of his military leave of absence. Such agreed upon payments shall be made in the same manner as his regular payments into the fund are made. In this case, his employer shall pay into the fund an amount equal to the total payments it would have made had the employee exercised option (1). Payment of such amount by the employer shall be spread over the same time as the employee's payments. (d) Members of State Employees' Retirement System.--An employee who is an active member or inactive member on leave without pay of the State Employees' Retirement System at the time he is granted a military leave of absence shall be entitled to receive credit in the State Employees' Retirement System for the leave as provided in 71 Pa.C.S. Pt. XXV (relating to retirement for State employees and officers). (e) Members of Public School Employees' Retirement System.--An employee who is an active member or inactive member of the Public School Employees' Retirement System at the time he is granted a military leave of absence shall be entitled to receive credit in the Public School Employees' Retirement System for the leave as provided under 24 Pa.C.S. Pt. IV (relating to retirement for school employees). (f) Participant of a defined contribution plan.-- (1) (Reserved). (2) An employee who is an active participant or inactive participant on leave without pay of the State Employees' Defined Contribution Plan at the time the employee is granted a military leave of absence shall be entitled to make contributions to the State Employees' Defined Contribution Trust for the leave as provided by 71 Pa.C.S. Pt. XXV. (Oct. 24, 2012, P.L.1436, No.181, eff. Dec. 31, 2012; July 1, 2013, P.L.174, No.32, eff. July 1, 2013; June 12, 2017, P.L.11, No.5, eff. imd.) 2017 Amendment. Act 5 amended subsec. (a) intro. par. and added subsec. (f). See section 401 of Act 5 in the appendix to this title for special provisions relating to applicability. 2013 Amendment. Act 32 amended subsec. (a) and added subsec. (e). See sections 13 and 20 of Act 32 in the appendix to this title for special provisions relating to applicability and qualifications under Internal Revenue Code of 1986. 2012 Amendment. Act 181 amended subsec. (a) and added subsec. (d). See sections 12(1) and 20 of Act 181 in the appendix to this title for special provisions relating to applicability and requirements for qualification as qualified pension plan. Cross References. Section 7306 is referred to in section 7308 of this title; section 8302 of Title 24 (Education); section 5302 of Title 71 (State Government).

51 Pa.C.S. § 7307 Eligibility.

Every employee otherwise eligible for a military leave of absence shall be granted a military leave of absence commencing upon the date of his eligibility therefor, regardless of whether such date occurred before or after the effective date of this chapter.

51 Pa.C.S. § 7308 Loss of benefits.

Any employee who is separated from the service by an undesirable, bad conduct or dishonorable discharge shall not be entitled to any of the benefits of this chapter, except such vested rights as he may have acquired prior thereto by virtue of payments made pursuant to his exercise of option (1) of section 7306 (relating to retirement rights).

51 Pa.C.S. § 7309 Employment discrimination for military membership or duty.

(a) General rule.--It is unlawful for the Commonwealth or any of its departments, boards, commissions, agencies or any political subdivision, or for any private employer, to refuse to hire or employ any individual not on extended active duty because of his membership in the National Guard or any one of the other reserve components of the armed forces of the United States, or because he is called or ordered to active State duty or special State duty by the Governor during an emergency or as otherwise authorized by law, or because he is called or ordered to active duty by the Federal Government under provisions of 10 U.S.C. (relating to armed forces) or 32 U.S.C. (relating to National Guard), or to discharge from employment such individual, or to otherwise discriminate against such individual with respect to compensation, hire, tenure, terms, conditions or privileges of employment because of such membership, or because he is called or ordered to active State duty by the Governor during an emergency or because he is called or ordered to other military duty authorized by law. (b) Reemployment following emergency or other military duty.--Upon the completion of such emergency or other military duty any such member of the Pennsylvania National Guard or any other reserve component of the armed forces of the United States shall be restored by such public or private employer or his successor in interest to such position or to a position of like seniority, status and pay which such member held prior to such emergency or other military duty, but if any such member is not qualified to perform the duties of such position by reason of disability sustained during such emergency or other military duty but qualified to perform the duties of any other position in the employ of such private employer or his successor in interest, such member shall be restored to such other position, the duties of which he is qualified to perform, as will provide him like seniority, status and pay, or the nearest approximation thereof consistent with the circumstances of the case, unless such public or private employer's or his successor in interests, circumstances have so changed as to make it impossible or unreasonable to do so. (c) Extension of benefits during military duty.--Whenever a member of the Pennsylvania National Guard is called or ordered into active Federal service or active State duty under orders authorized by law or a member of any reserve component is called or ordered onto active duty, other than active duty for training, the public or private employer of the member shall, at no cost to the member, continue health insurance and other benefits in effect for at least the first 30 days of the military duty. After the expiration of the first 30 days, the public or private employer shall give the member of the National Guard or other reserve component the voluntary option of continuing such health insurance and other benefits in effect at his own expense by paying for the insurance or benefits at the same rates paid by the employer, and the insurance coverage shall continue, except for injuries incurred in the line of military duty. (d) Termination of certain health insurance benefits.-- (1) As used in this subsection, the term "eligible member" applies to full-time students who are eligible for health insurance coverage or ancillary service plans under their parents' health insurance policies when the students are: (i) members of the Pennsylvania National Guard or any reserve component of the armed forces of the United States who are called or ordered to active duty, other than active duty for training, for a period of 30 or more consecutive days; or (ii) members of the Pennsylvania National Guard ordered to active State duty, including duty under 35 Pa.C.S. Ch. 76 (relating to Emergency Management Assistance Compact), for a period of 30 or more consecutive days. (2) As used in this subsection, the term "full-time student" shall have the same meaning set forth in Chapter 32 (relating to Educational Assistance Program). (3) The eligibility for health insurance coverage or ancillary service plans under a parent's health insurance policy for eligible members as defined in paragraph (1) shall be extended for a period equal to the duration of the eligible member's service on active duty or active State duty or until the eligible member is no longer a full-time student. The eligibility of an eligible member who is a full-time student for health insurance coverage or ancillary service plans under a parent's policy shall not terminate because of the age of the eligible member when the member's educational program was interrupted because of military duty. (4) In order to qualify for this extension, the eligible member must: (i) Submit a form approved by the Department of Military and Veterans Affairs notifying the insurer that the eligible member has been placed on active duty. (ii) Submit a form approved by the Department of Military and Veterans Affairs notifying the insurer that the eligible member is no longer on active duty. (iii) Submit a form approved by the Department of Military and Veterans Affairs showing that the student has reenrolled as a full-time student for the first term or semester starting 60 or more days after his or her release from active duty. (5) The provisions of this subsection shall not apply to a health insurance policy or ancillary service plan that has been terminated. (d.1) Applicability to out-of-State members.--This section shall also apply to an individual who is a member of a National Guard or reserve component from another state. (e) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection: "Ancillary service plans." Any individual or group health insurance plan, subscriber contract or certificate that provides exclusive coverage for dental services or vision services. "Health insurance policy." An individual or group health, sickness or accident policy or subscriber contract or certificate issued by an entity subject to any one of the following: (1) The act of May 17, 1921 (P.L.682, No.284), known as The Insurance Company Law of 1921. (2) The act of December 29, 1972 (P.L.1701, No.364), known as the Health Maintenance Organization Act. (3) The act of May 18, 1976 (P.L.123, No.54), known as the Individual Accident and Sickness Insurance Minimum Standards Act. (4) 40 Pa.C.S. Ch. 61 (relating to hospital plan corporations) or 63 (relating to professional health services plan corporations). (Dec. 17, 1990, P.L.700, No.174, eff. imd.; Dec. 22, 2005, P.L.443, No.83, eff. 60 days; Sept. 25, 2008, P.L.1068, No.85, eff. imd.; June 30, 2021, P.L.178, No.31, eff. 60 days) 2021 Amendment. Act 31 added subsec. (d.1). 2008 Amendment. Act 85 amended subsecs. (d) and (e).

51 Pa.C.S. § 7310 Contract by minors for servicemen's readjustment loans.

(a) General rule.--Any minor, who is at least 17 years of age, and who is eligible for guaranty or insurance of a loan pursuant to the act of Congress known as the "Servicemen's Readjustment Act of 1944," as amended and supplemented, is hereby authorized and empowered, notwithstanding such minority, to enter into any contract in this Commonwealth, for any loan, or loans guaranteed by the United States, or any agency thereof, in accordance with the provisions of said act of Congress, as amended and supplemented, and the rules and regulations promulgated from time to time pursuant thereto; or any agency of the Commonwealth hereafter created; and such minor is also authorized and empowered to execute, and acknowledge, all documents, deeds, mortgages, and other or similar papers, necessary and incident to such contracts. (b) Joinder by minor spouse.--The minor spouse of any person who is eligible for guaranty or insurance of a loan pursuant to said act of Congress, whether or not such person is a minor and regardless of the age of the spouse, is hereby authorized and empowered, notwithstanding such minority, to join in the execution of any such contract. (c) Minority no basis for avoidance or defense.--In the event a person who is eligible for guaranty or insurance of a loan pursuant to said act of Congress, and who is a minor or whose spouse is a minor, or both, obtains such a loan, or loans, neither of them, despite any law or decision of any court to the contrary, shall be permitted to avoid the contract of such loan or loans because of the age of either of them, nor shall either of them be permitted to interpose the defense that either of them is a minor in any action or actions based upon such contract, or contracts, or arising out of any loan or loans authorized herein. (d) Liability of parent or representative.--The parent or parents, or guardian or guardians, or trustee or trustees of any minor shall not be liable in any way whatsoever because of or on account of such contract or contracts, or loan or loans, which may be entered into or joined in by such minor pursuant hereto, unless expressly a party thereto.

51 Pa.C.S. § 7311 Sale of real property for delinquent taxes and municipal claims.

(a) Lien saved on stay of sale.--Whenever, pursuant to the provisions of the Federal Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto, a sale of any real property, owned and occupied for dwelling, professional, business or agricultural purposes by a person in military service, or his dependents, at the commencement of his period of military service and still so occupied by his dependents or employees, to enforce the collection of a delinquent tax or municipal claim, or the commencement of any proceeding or action for such purposes, is stayed by any court of record of this Commonwealth, the lien of the tax or of a tax or municipal claim affected thereby, shall not be lost. (b) Sale and lien time limitations extended.--In all such cases the time fixed by statute for any such sale, or the commencement of any such proceeding or action, and the lien of the tax or the tax or municipal claim, is hereby extended for a period equal to the time during which the stay of the court was effective. (c) Redemption period extended.--Whenever the real property, owned and occupied for dwelling, professional, business or agricultural purposes by a person in the military service, or his dependents, at the commencement of his military service and still so occupied by his dependents or employees, has been sold to enforce the collection of any tax or municipal claim, and such person in military service has the right to redeem the same, and the period of redemption shall expire at any time before the expiration of six months after the termination of the military service of such person, the period of redemption as to such real property shall be extended, and such person in military service shall have the right to redeem such property at any time not later than six months after the termination of the military service of such person.

51 Pa.C.S. § 7312 Stay of eviction or distress during military service.

(a) General rule.--Whenever any member of the Pennsylvania National Guard or other reserve component of the armed forces of the United States shall be called or ordered to active duty, other than active duty for training, or, in the case of members of the Pennsylvania National Guard, shall be called or ordered to active State duty, no eviction or distress shall be made of premises occupied chiefly for dwelling purposes by the member or any member of his family or other dependents, except upon leave of court granted upon application therefor or granted in an action or proceeding affecting the right of possession. (b) Stay of proceedings.--On any such application or in any action brought pursuant to subsection (a), the court may, in its own discretion, on its own motion, and shall, on application of the member of the Pennsylvania National Guard or other reserve component of the armed forces of the United States, any member of his family or dependent, stay the proceedings for six months unless, in the opinion of the court, the ability of the tenant to pay the agreed rent is not materially affected by reason of the military service. The court may make such other order as may be just under the circumstances, including an order temporarily adjusting the rental payments. (c) Impacts on landlords.--When a stay of eviction is granted or other order is made by the court, the owner of the premises shall be entitled, upon application therefor, to such relief as the court may determine just and equitable under the circumstances, including an order for the member to pay the arrearage in rent upon release from military duty to the extent and for such period as may appear to the court to be just. (Dec. 17, 1990, P.L.700, No.174, eff. imd.) 1990 Amendment. Act 174 added section 7312, retroactive to August 1, 1990.

51 Pa.C.S. § 7313 Educational leave of absence.

Whenever any member of the Pennsylvania National Guard or other reserve component of the armed forces of the United States shall be called or ordered to active duty, other than active duty for training, including, in the case of members of the Pennsylvania National Guard, active State duty, the educational institution in which the member is enrolled shall grant the member or the member's spouse a military leave of absence from their education. The member or the member's spouse shall receive an "M" or "military" on their grade transcript for all classes they are unable to complete due to a military leave of absence. Members and spouses on military leave of absence from their educational institution shall be entitled, upon the member's release from military duty, to be restored to the educational status they had attained prior to the member's being ordered to military duty without loss of academic credits earned, scholarships or grants awarded or tuition and other fees paid prior to the commencement of the military duty. It shall be the duty of the educational institution to refund tuition or fees paid or to credit the tuition and fees to the next semester or term after the termination of the educational military leave of absence at the option of the student. (Dec. 17, 1990, P.L.700, No.174, eff. imd.; July 5, 2012, P.L.1090, No.128, eff. 60 days; June 18, 2014, P.L.745, No.59, eff. 60 days) Cross References. Section 7313 is referred to in sections 3206, 3210.2 of this title.

51 Pa.C.S. § 7314 Stay of proceedings when military service affects conduct thereof.

At any stage thereof any action or proceeding in any court in which a person in military service is involved, either as plaintiff or defendant, during the period of such service or within 60 days thereafter may, in the discretion of the court in which it is pending, on its own motion, and shall, on application to it by such person or some person on his behalf, be stayed as provided in the act of October 17, 1940, known as the Soldiers' and Sailors' Civil Relief Act of 1940 (54 Stat. 1178, 50 U.S.C. app. § 501 et seq.), unless, in the opinion of the court, the ability of the plaintiff to prosecute the action or the defendant to conduct his defense is not materially affected by reason of his military service. (Dec. 17, 1990, P.L.700, No.174, eff. imd.) 1990 Amendment. Act 174 added section 7314, retroactive to August 1, 1990.

51 Pa.C.S. § 7315 Termination of leases and similar obligations by military personnel.

(a) Applicability.--This section shall apply to members of the Pennsylvania National Guard who are called or ordered to active duty with the armed forces of the United States, other than active duty for training, or to State active duty under this title, and members of other reserve components who are called or ordered to active duty with the armed forces of the United States, other than active duty for training, when the period of active duty or State active duty is 30 consecutive days or more. (b) Leases which may be terminated.--A member of the Pennsylvania National Guard or other reserve component of the armed forces of the United States, as described in subsection (a), or his agent or attorney-in-fact may terminate or cancel without cost, payment or penalty any lease for premises occupied or used by the member for dwelling, professional, business or agricultural purposes and any lease for an automobile, other motor vehicle, boat, aircraft, furniture, appliances, fixtures or other tangible personal property used by the member for personal, business, agricultural or other private use, provided the lease was executed by or on behalf of the member prior to the commencement of the period of active duty or State active duty and provided the lease was not intended as security under the definition of "security interest" in 13 Pa.C.S. § 1201 (relating to general definitions). (c) Procedures for termination.--The member may terminate or cancel the lease by notice in writing delivered to the lessor or to the lessor's agent at any time following the beginning of the member's active duty or State active duty. Delivery of the notice may be accomplished by placing it in an envelope properly stamped and duly addressed to the lessor or the lessor's agent and depositing the notice in the United States mail. In the case of leases of premises or tangible personal property providing for monthly payments, termination of the lease shall be effective 30 days after the first date on which the next rental or lease payment is due and payable subsequent to the date when the notice is mailed or delivered. In the case of all other leases, termination shall be effective on the last day of the month following the month in which the notice is delivered or mailed, and, in such case, any rental paid in advance for a period after termination shall be refunded to the member by the lessor or his agent. (d) Relief granted to lessor.--Upon application by the lessor to the appropriate court of common pleas prior to the termination provided for in this section, any relief granted by this section shall be subject to such modifications or restrictions as, in the opinion of the court, justice and equity may require in the circumstances. This section does not prohibit the forfeiture, in whole or in part, of a security or damage deposit paid by the member when the forfeiture is authorized by law and the lessor demonstrates that the forfeiture of the deposit is necessary to pay for actual damages to the premises or tangible personal property arising during the period prior to termination of the lease when the premises or tangible personal property were under the care, custody and control of the member or his family. (e) Memberships subject to termination.--A member of the Pennsylvania National Guard or other reserve component of the armed forces of the United States, as described in subsection (a), may terminate without cost or penalty any membership or similar obligation incurred prior to the member's entry on active duty in a health club, fitness center, country club, outdoor or indoor recreational organization or similar organization where periodic payments are required to maintain membership, or the member, at his option, may suspend his periodic payments during his period of active service and shall be readmitted to active membership without payment of any initiation or other initial membership fee upon release from active service. The notice described in subsection (c) shall be sufficient for a member to notify the club or organization of the termination or suspension of membership. (Apr. 16, 1992, P.L.161, No.29, eff. imd.) 1992 Amendment. Act 29 added section 7315.

51 Pa.C.S. § 7315.1 Early termination of housing rental agreement by military personnel.

(a) General rule.--A member of the armed forces of the United States or a member of the Pennsylvania National Guard serving on full-time duty or as a civil service technician with a national guard unit may, through the procedure detailed in this subsection, terminate a housing rental agreement if the member or technician: (1) has received permanent change of station orders; (2) has received temporary duty orders in excess of three months; (3) is honorably discharged or released from active duty with the armed forces of the United States or from full-time duty or technician status with the Pennsylvania National Guard; or (4) has received orders for mandatory housing assignment to government-supplied quarters resulting in forfeiture of basic allowance for housing (BAH). (b) Notice of termination.--Tenants who qualify to terminate a housing rental agreement under this section shall do so by serving on the landlord a written notice of termination effective not less than 30 days after receipt of the notice. Prior to the termination date, the tenant shall furnish the landlord with a copy of the official notification of the orders or a signed letter confirming the orders from the tenant's commanding officer. (c) Final rent.--The final rent shall be prorated to the date of termination and shall be payable at such time as would have otherwise been required by the terms of the housing rental agreement. (d) Arrearages and other obligations and liabilities.--Rents or lease amounts unpaid for the period preceding the effective date of the lease termination shall be paid on a prorated basis. (e) Rent paid in advance.--Rents or lease amounts paid in advance for a period after the effective date of the termination of the lease shall be refunded to the lessee by the lessor, or the lessor's assignee or the assignee's agent, within 30 days of the effective date of the termination of the lease. (f) Relief to lessor.--Upon application by the lessor to a court before the termination date provided in the written notice, relief granted by this section to a servicemember may be modified as justice and equity require. (g) Tenant's obligations.--Nothing in this section shall affect the tenant's obligations under section 503-A of the act of April 6, 1951 (P.L.69, No.20), known as The Landlord and Tenant Act of 1951. (h) Penalties.-- (1) Any person who knowingly seizes, holds or detains the personal effects, security deposit or other property of a servicemember or a servicemember's dependent who lawfully terminates a lease covered by this section, or who knowingly interferes with the removal of such property from premises covered by such lease, for the purpose of subjecting or attempting to subject any of such property to a claim for rent accruing subsequent to the date of termination of such lease, or attempts to do so, commits a summary offense. (2) The remedy and rights provided under this section are in addition to and do not preclude any remedy for wrongful conversion otherwise available under law to the person claiming relief under this section, including any award for consequential or punitive damages. (July 4, 2004, P.L.507, No.65, eff. 60 days) 2004 Amendment. Act 65 added section 7315.1.

51 Pa.C.S. § 7316 Maximum rates of interest and scheduling of debts.

(a) Applicability.--This section shall apply to members of the Pennsylvania National Guard who are called or ordered to active duty with the armed forces of the United States, other than active duty for training, or to State active duty under this title, and members of other reserve components who are called or ordered to active duty with the armed forces of the United States, other than active duty for training, when the period of active duty or State active duty is 30 consecutive days or more. (b) Maximum rates of interest.--No obligation or liability bearing interest at a rate in excess of the rate established under section 206 of the Soldiers' and Sailors' Civil Relief Act of 1940 (54 Stat. 1178, 50 U.S.C. App. § 526), as may be amended from time to time, incurred by a person in military service, as described in subsection (a), shall, during any part of the period of service which occurs after the enactment of this section, bear interest at a rate in excess of the rate under section 206, calculated as an annual percentage rate in accordance with applicable laws and regulations, unless, in the opinion of the court, upon application thereto by the obligee, the ability of the person in the military service to pay interest upon the obligation or liability at a rate in excess of the rate under section 206 is not materially affected by reason of service, in which case the court may make the order as in its opinion may be just. (c) Recalculation of repayment schedule.--Upon the reduction of the annual rate of interest pursuant to this section, there shall be a corresponding and proportionate reduction of the amount of any periodic payments made to satisfy the obligation based on a recalculation of the repayment schedule with the same repayment frequency and an interest rate equal to the rate established under section 206 of the Soldiers' and Sailors' Civil Relief Act of 1940, amortized over the original term of the loan. (d) Rescheduling of debt payments.--When a member's income is materially reduced as a result of his being called or ordered to active duty, the member, his spouse or his agent or attorney-in-fact may apply to his creditors for a rescheduling of his debt payments to take into account the material reduction in his income. The member, his spouse or his agent or attorney-in-fact shall provide the creditor with a statement of his income prior to being called or ordered to active duty and his income thereafter. Based on proof of a material reduction in income, the creditor shall thereafter adjust or reschedule the monthly or other periodic payments of the member. Nothing in this subsection shall be construed to relieve a member of the obligation to repay the principal of his debt after his release or discharge from active duty and restoration of his income at periodic payments equal to those in effect prior to activation. (e) Interest.--As used in this section, the term "interest" includes service charges, renewal fees, fees or any other charges, except bona fide insurance, in respect of the obligation or liability. (Apr. 16, 1992, P.L.161, No.29, eff. imd.) 1992 Amendment. Act 29 added section 7316.

51 Pa.C.S. § 7317 Deferred motor vehicle insurance coverage.

51 Pa.C.S. § 7318 Unemployment compensation benefits.

(a) General rule.--Compensation payable under the act of December 5, 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment Compensation Law, shall not be reduced pursuant to section 404(d)(1) of that act by reason of any military pay and allowances paid to a member of the Pennsylvania National Guard or a member of a reserve component of the armed forces for periods of active duty for emergencies as declared by the Governor or drill and instruction under 32 U.S.C. § 502(a)(1) (relating to required drills and field exercises) or for a member of a reserve component of the armed forces for drill or instruction under 10 U.S.C. (relating to armed forces). (b) Applicability.--This section shall not apply to military pay and allowances paid to a member of the Pennsylvania National Guard for active Federal service or participation in annual training under 32 U.S.C. § 502(a)(2) or for a member of a reserve component of the armed forces for active military duty under 10 U.S.C. (relating to armed forces). (Oct. 18, 2000, P.L.540, No.72, eff. 60 days; Dec. 9, 2002, P.L.1382, No.169, eff. 60 days) 2000 Amendment. Section 2 of Act 72 provided that Act 72 shall apply to unemployment compensation for weeks commencing on or after the effective date of Act 72.

51 Pa.C.S. § 7319 Military family relief assistance.

(a) Establishment of fund.--In order to carry out the purposes of section 315.8 of the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, there is hereby established in the State Treasury a restricted revenue account within the General Fund which shall be known as the Military Family Relief Assistance Fund. (b) Administration of program.-- (1) The department shall administer and staff the program established in paragraph (2) and shall accept voluntary contributions from persons for the fund. The department may consult with any governmental or nongovernmental organization as is necessary to complete the requirements under this section but shall not enter into an agreement or contract with any such organization for the staffing functions of the program. (2) The Military Family Relief Assistance Program is established. Contributions received for the fund shall be distributed by the department under the program to eligible service members and eligible relatives of eligible service members. Applicants must demonstrate to the department that they have a direct and immediate financial need as a result of circumstances beyond the control of and not as a result of misconduct by the service member. The applicant shall demonstrate that the financial need is caused by one or more of the following: (i) A sudden or unexpected loss of income, real or personal property, assets or support directly related to the military service of, or exigent circumstances affecting, the service member. (ii) The death or critical illness of a parent, spouse, sibling or child resulting in an immediate need for travel, lodging or subsistence for which the applicant lacks financial resources. (iii) The wounding of the service member in the line of duty sustained as a result of combat or attack resulting in an immediate need for funds for travel, lodging, subsistence or other activities directly related to the casualty for which the applicant lacks financial resources. No more than two eligible relatives of an eligible service member may receive assistance under this subparagraph. (iv) A natural or manmade disaster or other exigent circumstances resulting in deprivation of food, shelter or other necessities of life for which the applicant lacks financial resources. (v) Emergency need for child care of dependent children for which the applicant lacks financial resources. (vi) Other immediate and necessitous cause determined in the guidelines established for the program that exceeds the financial resources of the applicant where failure to provide emergency assistance will substantially operate to the detriment of the service member or his or her dependents. (3) In order to qualify for assistance under this program, applicants may be required under the guidelines of this program to seek relief from other available sources prior to applying for this program. (4) An applicant may appeal a decision of the department to the Adjutant General. The Adjutant General shall have the authority to make a final determination concerning any appeal. (c) Guidelines.--The department shall, in consultation with the chairman and minority chairman of the Appropriations Committee of the Senate, the chairman and minority chairman of the Appropriations Committee of the House of Representatives, the chairman and minority chairman of the Veterans Affairs and Emergency Preparedness Committee of the Senate and the chairman and minority chairman of the Veterans Affairs and Emergency Preparedness Committee of the House of Representatives, develop guidelines necessary to administer the provisions of this section. The guidelines established under this subsection shall do all of the following: (1) Set forth eligibility for relief under this program and determine the amount of relief to be paid based on the need demonstrated by the applicant and the amount of money in the fund at the time of application. (2) Set forth the maximum amount of relief and the maximum number of applicants per event or episode. (3) Set forth any other information necessary for the administration and enforcement of the program. (4) The guidelines established pursuant to this section shall be published in the Pennsylvania Bulletin but shall not be subject to review pursuant to section 205 of the act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law, sections 204(b) and 301(10) of the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, or the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act. (d) Moneys received.--All moneys received from the voluntary contribution system established in section 315.8 of the Tax Reform Code of 1971 shall be deposited in the fund. (e) Other voluntary contributions.--In addition to the voluntary contribution system established in section 315.8 of the Tax Reform Code of 1971, the Commonwealth is also authorized to accept other voluntary contributions and electronic donations to the fund. All other voluntary contributions and electronic donations shall be deposited into the fund. In addition, the department shall ensure that applications to receive assistance from this fund can be obtained electronically. All agencies of State, county and municipal government within this Commonwealth may include a brief description of the Military Family Relief Assistance Program, the electronic and mailing address to make donations to this fund and the electronic and mailing address to request assistance from this program in their publications, mailings and communications. (f) Future appropriations.--The General Assembly may appropriate funds for transfer to the fund for the purposes of this section. (g) Use of fund money.--The moneys contained in the fund are hereby appropriated on a continuing basis to the Department of Military and Veterans Affairs for the exclusive use of carrying out the purposes of this section. (h) Expiration.--(Deleted by amendment). (i) Reporting.--Beginning on or before July 30, 2006, and every year thereafter for the length of the program, the department shall submit a report to the chairman and minority chairman of the Appropriations Committee of the Senate, the chairman and minority chairman of the Appropriations Committee of the House of Representatives, the chairman and minority chairman of the Veterans Affairs and Emergency Preparedness Committee of the Senate and the chairman and minority chairman of the Veterans Affairs and Emergency Preparedness Committee of the House of Representatives detailing the program's guidelines, the number of applicants, the total amount of money raised and distributed and the type of applicant need. The report shall also set forth any participation by a governmental or nongovernmental organization utilized in the furtherance of the program. (j) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection: "Eligible relative of an eligible service member." The dependent spouse or dependent child of the eligible service member or, in the case of applicants for financial assistance to visit a hospitalized service member, the service member's spouse, parent, sibling or child. An eligible relative must be a resident of Pennsylvania at the time of application for assistance. "Eligible service member." (1) Any of the following: (i) A member of the armed forces of the United States or its reserve components, including the Pennsylvania National Guard, who is serving on active duty other than active duty for training for a period of 30 or more consecutive days. (ii) A member of the Pennsylvania National Guard serving on State active duty for a period of 30 or more consecutive days. (iii) A member in good standing of any reserve component of the armed forces of the United States, including the Pennsylvania National Guard, for a period of three years after release from a tour of active duty, other than active duty for training, or release from a tour of State active duty of 30 or more consecutive days' duration when the need for assistance is directly related to the circumstances under subsection (b)(2). (iv) A former member of the armed forces of the United States or its reserve components, including the Pennsylvania National Guard, for a period of four years after discharge if: (A) The member was discharged for medical reasons arising out of the member's military service. (B) The medical disability that resulted in the member's discharge was incurred in the line of duty and was not the result of misconduct. (C) The medical condition giving rise to the discharge did not exist prior to the member entering military service. (D) The medical disability was incurred while the member was serving on active duty, other than active duty for training, or State active duty for a period of 30 or more consecutive days. (E) The former member received an honorable discharge for medical reasons. (F) The need for assistance is directly related to the former member's military service, to exigent circumstances beyond the eligible member's control or the disability incurred in the line of duty of the military service. (2) An eligible service member must be a resident of Pennsylvania at the time of the application for assistance. "Exigent circumstances." Emergency or extraordinary situations or conditions resulting in an eligible service member being unable to provide the necessities of living for the member or the member's dependents due to factors beyond the member's control. The term includes, but is not limited to, natural or manmade disasters, loss of home, loss of employment, disability or serious illness or injury. "Resident of Pennsylvania." Either of the following: (1) An individual who is domiciled in this Commonwealth. The individual must either physically reside in Pennsylvania or be absent from the State pursuant to military orders. An individual's spouse or dependent who is domiciled in this Commonwealth but who is stationed in another state or country shall qualify under the program as a resident of Pennsylvania so long as the person does not become domiciled in another state. (2) An individual who qualifies under the definition of "resident individual" in section 301(p) of the Tax Reform Code of 1971. (Nov. 10, 2005, P.L.331, No.65, eff. imd.; Mar. 16, 2010, P.L.140, No.9, eff. 60 days; Oct. 29, 2020, P.L.1053, No.104, eff. imd.) 2020 Amendment. Act 104 reenacted and amended section 7319. 2020 Expiration. Section 7319 expired June 30, 2020. See Act 66 of 2014.

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