2020 Pennsylvania Consolidated & Unconsolidated Statutes
Act 102 - MILITARY AND VETERANS CODE (51 PA.C.S.) - OMNIBUS AMENDMENTS
Session of 2020
No. 2020-102
SB 952
AN ACT
Amending Title 51 (Military Affairs) of the Pennsylvania Consolidated Statutes, in veterans' preference, repealing provisions relating to soldier defined, providing for purpose and for definitions, repealing provisions relating to credits in civil service examinations, further providing for additional points in grading civil service examinations, for preference in appointment or promotion, for lack of training, age or physical impairment, for preferential rating provision in public works specifications, for computation of seniority for reduction in force, for preference of spouses and for law exclusive and providing for reporting requirement and for guidelines; and, in voluntary veterans' preference in private employment, further providing for definitions and for eligibility for preference.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1. Section 7101 of Title 51 of the Pennsylvania Consolidated Statutes is repealed:
[§ 7101. Soldier defined.
As used in this chapter, "soldier" means a person who served or hereafter serves in the armed forces of the United States, or in any women's organization officially connected therewith, during any war or armed conflict in which the United States engaged and who was released from active duty under honorable conditions, other than from periods of active duty for training, or with an honorable discharge from such service, or a person who so served or hereafter serves in the armed forces of the United States, or in any women's organization officially connected therewith, since July 27, 1953, including service in Vietnam, and who has an honorable discharge from such service. Qualifying periods of service during a war or armed conflict, for purposes of this provision, will be designated by the Department of Military and Veterans Affairs.]
Section 2. Title 51 is amended by adding sections to read:
§ 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.
§ 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 service member.
"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; or
(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.
(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.
Section 3. Section 7102 of Title 51 is repealed:
[§ 7102. Credits in civil service examinations.
(a) General rule.--When any soldier shall take any civil service appointment or promotional examination for a public position under the Commonwealth, or under any political subdivision thereof, he shall be given credit in the manner hereinafter provided; for the discipline and experience represented by his military training and for the loyalty and public spirit demonstrated by his service for the preservation of his country, as provided in this chapter.
(b) Disclosure of rank or serial number.--No soldier taking any civil service appointment or promotional examination shall be required to furnish, nor shall he furnish in connection therewith, his former rank or service serial number.]
Section 4. Sections 7103, 7104, 7105, 7106, 7107, 7108 and 7109 of Title 51 are amended to read:
§ 7103. Additional points in grading civil service examinations.
(a) Commonwealth examinations.--Whenever [any soldier shall] a veteran successfully [pass] passes a civil service appointment [or promotional] examination for a public position [under this] with the Commonwealth, or any political subdivision thereof, [and shall thus establish that he possesses the qualifications required by law for appointment to or promotion in such public position, such soldier's examination shall be marked or graded an additional ten points above the mark or grade credited for the examination, and the total mark or grade thus obtained shall represent the final mark or grade of such soldier, and shall determine his standing on any eligible or promotional list, certified or furnished to the appointing or promoting power.] 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.--[When any such person shall take any examination for appointment or promotion 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, such person's examination shall be marked or graded 15% perfect before the quality or contents of the examination shall be considered. When the examination of any such person is completed and graded, such grading or percentage as the examination merits shall be added to the aforesaid 15%, and such total mark or grade shall represent the final grade or classification of such person and shall determine his or her order of standing on the eligible list.] 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.
§ 7104. Preference in appointment [or promotion].
(a) Non-civil service.--Whenever [any soldier] a veteran possesses the requisite qualifications [and is eligible to] for appointment to [or promotion in] a public position[, where no such] that is not subject to civil service appointment examination [is required,] and the veteran is otherwise eligible for appointment, the appointing [power] authority in making [an] the appointment [or promotion to a public position] shall give preference to [such soldier] 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 [any soldier possesses the requisite qualifications, and his] a veteran's name appears on [any] an eligible [or promotional list, certified or furnished] list certified or provided as the result of [any such] a civil service examination, the appointing [or promoting power] authority in making an appointment [or promotion] to a public position shall give preference to [such soldier] the veteran, notwithstanding [that his name does not stand highest] the veteran's standing on the eligible [or promotional list.] 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 [or promotion to public office] to a public position where a civil service examination is required, [the] an appointing [or promotional power] authority may give preference to [any soldier, who has passed the required examination for appointment or promotion to such position, and possesses the requisite qualifications, although his] 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 [or promotional list certified or furnished to the appointing or promoting power.] 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.
§ 7105. Lack of formal training and education, age or physical impairment.
[The lack of academic or scholastic training or experience, age, loss of limb or other physical impairment which does not in fact incapacitate any such soldier shall not be deemed to disqualify him, provided he possesses the other requisite qualifications to satisfactorily perform all of the duties which the position requires.]
(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.
§ 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 [preferential rating] hiring preference similar to that given by the Commonwealth to any [soldier] veteran making application for employment upon such public works.
§ 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 [soldier] veteran shall be determined by adding [his] the veteran's total years of service in the civil service or on public works to [his] the veteran's total years of service as a member of the armed forces of the United States, [or in any women's organization officially connected therewith] 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.
§ 7108. Preference of spouses.
The same [preferential rating] preference given to [soldiers] veterans under the provisions of this chapter shall be [extended to include the spouses of deceased or disabled soldiers.] extended to the surviving spouse or spouse of a disabled veteran.
§ 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 [soldiers] veterans in appointment [or promotion] to, or retention in, public position or on public works.
Section 5. Title 51 is amended by adding sections to read:
§ 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.
§ 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).
Section 6. Sections 7202 and 7204 of Title 51 are amended to read:
§ 7202. 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:
["DD-214."] "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 a 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.
"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.
"Private employer." A sole proprietor, corporation, partnership, limited liability company or any other legal entity, including nonprofits, with more than one employee.
["Soldier." A person who served or hereafter serves in the armed forces of the United States, or in any women's organization officially connected therewith, during any war or armed conflict in which the United States engaged and who was released from active duty under honorable conditions, other than from periods of active duty for training, or with an honorable discharge from such service, or a person who so served or hereafter serves in the armed forces of the United States, or in any women's organization officially connected therewith, since July 27, 1953, including service in Vietnam, and who has an honorable discharge from such service. Qualifying periods of service during a war or armed conflict, for purposes of this definition, will be designated by the Department of Military and Veterans Affairs.]
"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 and is a United States citizen.
"Surviving spouse." [A] An unmarried spouse of a deceased [soldier] service member.
"Veteran." [An individual who has served in the armed forces of the United States, including a reserve component and National Guard, and who has been discharged or released from the service under conditions other than dishonorable.]
The term includes:
(1) An individual who served, as evidenced by the veteran's discharge papers or separation documents, 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; or
(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.
(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.
"Veterans' preference employment policy." A voluntary policy adopted by a private employer for hiring, promoting or retaining a veteran, a spouse of a disabled veteran or a surviving spouse over another qualified applicant or employee.
§ 7204. Eligibility for preference.
A veteran, spouse of a disabled veteran or surviving spouse shall submit [the DD-214] the discharge papers or separation documents of the veteran to a private employer with a veterans' preference employment policy for consideration by the employer.
Section 7. This act shall take effect in 60 days.
APPROVED--The 29th day of October, A.D. 2020.
TOM WOLF
