Requirements to receive benefits.

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(a) In order to qualify for the benefits of this subchapter, an applicant shall be:

(1) The child of:

a. A member of the armed forces who was killed while on active duty or who died from disease, wounds, injuries or disabilities arising or resulting from performance of duty;

b. A member of the armed forces who is being held or who was held as a prisoner of war;

c. A member of the armed forces officially declared missing in action; or

d. A state police officer who was killed in the line of duty or who died from disease, wounds or disabilities arising or resulting from pursuit of the officer's official duties;

e. An employee of the Department of Transportation routinely employed in job-related activities upon the state highway system, such as toll operators, construction inspectors, equipment operators, bridge inspectors and maintenance staff, and survey crews, who was killed in the line of duty or who died from disease, wounds, or disabilities arising or resulting from pursuit of the employee's official duties.

(2) A person who at the time of application for benefits is at least 16 years of age, but not more than 24 years of age, and who shall have been a resident of the State for at least 3 years prior to the date of application; and

(3) Attending or admitted for attendance at an educational institution beyond the high school level in a program not to exceed 4 years in duration.

(b) No child of a member of the armed forces shall receive educational benefits in accordance with this subchapter unless such child qualifies under subsection (a) of this section, and:

(1) A parent of such child is a resident of the State and is or was missing in action or held as a prisoner of war; or

(2) A parent of such child was a resident of the State at the time such parent was killed or later died from disease, wounds, injuries or disabilities arising or resulting from performance of duty.


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