SF 1930

Introduction - 94th Legislature (2025 - 2026)

Posted on 06/06/2025 10:55 a.m.

A bill for an act
relating to veterans; providing continued education benefits to surviving spouses
who remarry; amending Minnesota Statutes 2024, sections 197.75, subdivision 1;
197.791, subdivision 4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 197.75, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) The definitions in this subdivision apply to this section.

(b) "Commissioner" means the commissioner of veterans affairs.

(c) "Deceased veteran" means a veteran who has died as a result of the person's military
service, as determined by the United States Veterans Administration, and who was a resident
of this state: (1) within six months of entering the United States armed forces, or (2) for the
six months preceding the veteran's date of death.

(d) "Eligible child" means a person who:

(1) is the natural or adopted child or stepchild of a deceased veteran; and

(2) is a student making satisfactory academic progress at an eligible institution of higher
education.

(e) "Eligible institution" means a postsecondary educational institution located in this
state that either is operated by this state or the Board of Regents of the University of
Minnesota, or is licensed or registered with the Office of Higher Education.

(f) "Eligible spouse" means the surviving spouse of a deceased veteran new text begin , regardless of
whether the surviving spouse remarries new text end .

(g) "Eligible veteran" means a veteran who:

(1) is a student making satisfactory academic progress at an eligible institution of higher
education;

(2) had Minnesota as the person's state of residence at the time of the person's enlistment
or any reenlistment into the United States armed forces, as shown by the person's federal
form DD-214 or other official documentation to the satisfaction of the commissioner;

(3) except for benefits under this section, has no remaining military or veteran-related
educational assistance benefits for which the person may have been entitled; and

(4) while using the educational assistance authorized in this section, remains a resident
student as defined in section 136A.101, subdivision 8.

(h) "Satisfactory academic progress" has the meaning given in section 136A.101,
subdivision 10.

(i) "Student" has the meaning given in section 136A.101, subdivision 7.

(j) "Veteran" has the meaning given in section 197.447.

Sec. 2.

Minnesota Statutes 2024, section 197.791, subdivision 4, is amended to read:

Subd. 4.

Eligibility.

(a) A person is eligible for educational assistance under subdivision
5 if:

(1) the person is:

(i) a veteran who is serving or has served honorably in any branch or unit of the United
States armed forces at any time;

(ii) a nonveteran who has served honorably for a total of five years or more cumulatively
as a member of the Minnesota National Guard or any other active or reserve component of
the United States armed forces, and any part of that service occurred on or after September
11, 2001;

(iii) the surviving spouse new text begin , whether unmarried or remarried, new text end or child of a person who has
served in the military and who has died as a direct result of that military service, only if the
surviving spouse or child is eligible to receive federal education benefits under United States
Code, title 38, chapter 33, as amended, or United States Code, title 38, chapter 35, as
amended; or

(iv) the spouse or child of a person who has served in the military at any time and who
has a total and permanent service-connected disability as rated by the United States Veterans
Administration, only if the spouse or child is eligible to receive federal education benefits
under United States Code, title 38, chapter 33, as amended, or United States Code, title 38,
chapter 35, as amended; and

(2) the person receiving the educational assistance is a Minnesota resident, as defined
in section 136A.101, subdivision 8; and

(3) the person receiving the educational assistance:

(i) is an undergraduate or graduate student at an eligible institution;

(ii) is maintaining satisfactory academic progress as defined by the institution for students
participating in federal Title IV programs;

(iii) is enrolled in an education program leading to a certificate, diploma, or degree at
an eligible institution;

(iv) has applied for educational assistance under this section prior to the end of the
academic term for which the assistance is being requested;

(v) is in compliance with child support payment requirements under section 136A.121,
subdivision 2, clause (5); and

(vi) has completed the Free Application for Federal Student Aid (FAFSA).

(b) A person's eligibility terminates when the person becomes eligible for benefits under
section 135A.52.

(c) To determine eligibility, the commissioner may require official documentation,
including the person's federal form DD-214 or other official military discharge papers;
correspondence from the United States Veterans Administration; birth certificate; marriage
certificate; proof of enrollment at an eligible institution; signed affidavits; proof of residency;
proof of identity; or any other official documentation the commissioner considers necessary
to determine eligibility.

(d) The commissioner may deny eligibility or terminate benefits under this section to
any person who has not provided sufficient documentation to determine eligibility for the
program. An applicant may appeal the commissioner's eligibility determination or termination
of benefits in writing to the commissioner at any time. The commissioner must rule on any
application or appeal within 30 days of receipt of all documentation that the commissioner
requires. The decision of the commissioner regarding an appeal is final. However, an
applicant whose appeal of an eligibility determination has been rejected by the commissioner
may submit an additional appeal of that determination in writing to the commissioner at
any time that the applicant is able to provide substantively significant additional information
regarding the applicant's eligibility for the program. An approval of an applicant's eligibility
by the commissioner following an appeal by the applicant is not retroactively effective for
more than one year or the semester of the person's original application, whichever is later.

(e) Upon receiving an application with insufficient documentation to determine eligibility,
the commissioner must notify the applicant within 30 days of receipt of the application that
the application is being suspended pending receipt by the commissioner of sufficient
documentation from the applicant to determine eligibility.