2005 Minnesota Statutes

     192.501 Financial incentives for National Guard members. 

    Subdivision 1. Repealed by amendment, 1996 c 390 s 32 

    Subd. 1a.    Enlistment bonus program.  (a) The adjutant 
 general may establish within the limitations of this subdivision 
 a program to provide enlistment bonuses to eligible prospects 
 who become members of the Minnesota National Guard. 

    (b) Eligibility for the bonus is limited to a candidate who:

    (1) has expertise, qualifications, or potential for 
 military service deemed by the adjutant general as sufficiently 
 important to the readiness of the National Guard or a unit of 
 the National Guard to warrant the payment of a bonus in an 
 amount to generally encourage the candidate's enlistment in the 
 national guard; 

    (2) joins the National Guard as an enlisted member, as 
 defined in section 190.05, subdivision 6; and 

    (3) serves satisfactorily during the period of, and 
 completes, the person's initial entry training, if applicable. 

    The adjutant general may, within the limitations of this 
 paragraph and other applicable laws, determine additional 
 eligibility criteria for the bonus, and must specify all of the 
 criteria in regulations and publish changes as necessary. 

    (c) The enlistment bonus payments must be made on a 
 schedule that is determined and published in department 
 regulations by the adjutant general. 

    (d) If a member fails to complete a term of enlistment for 
 which a bonus was paid, the adjutant general may seek to recoup 
 a prorated amount of the bonus as determined by the adjutant 
 general. 

    Subd. 1b.    Reenlistment bonus program.  (a) The 
 adjutant general may establish a program to provide a 
 reenlistment bonus to eligible members of the Minnesota National 
 Guard who extend their enlistment in the National Guard within 
 the limitations of this subdivision. 

    (b) Eligibility for the bonus is limited to an enlisted 
 member of the National Guard, as defined in section 190.05, 
 subdivision 6, who: 

    (1) is serving satisfactorily as determined by the adjutant 
 general; 

    (2) has 12 or fewer years of service creditable for 
 retirement; and 

    (3) has military training and expertise deemed by the 
 adjutant general as sufficiently important to the readiness of 
 the National Guard or a unit of the National Guard to warrant 
 the payment of a bonus in an amount to generally encourage the 
 member's reenlistment in the National Guard. 

    The adjutant general may, within the limitations of this 
 paragraph and other applicable laws, determine additional 
 eligibility criteria for the bonus, and must specify all of the 
 criteria in regulations and publish changes as necessary. 

    (c) The reenlistment bonus payments must be made on a 
 schedule that is determined and published in department 
 regulations by the adjutant general. 

    (d) If a member fails to complete a term of reenlistment 
 for which a bonus was paid, the adjutant general may seek to 
 recoup a prorated amount of the bonus as determined by the 
 adjutant general. 

    Subd. 2.    Tuition and textbook reimbursement grant 
 program.  (a) The adjutant general shall establish a program 
 to provide tuition and textbook reimbursement grants to eligible 
 members of the Minnesota National Guard within the limitations 
 of this subdivision. 

    (b) Eligibility is limited to a member of the National 
 Guard who: 

    (1) is serving satisfactorily as defined by the adjutant 
 general; 

    (2) is attending a postsecondary educational institution, 
 as defined by section 136A.15, subdivision 6, including a 
 vocational or technical school operated or regulated by this 
 state or another state or province; and 

    (3) provides proof of satisfactory completion of 
 coursework, as defined by the adjutant general. 

    (c) Notwithstanding paragraph (b), clause (1), for a person 
 who: 

    (1) has satisfactorily completed the person's service 
 contract in the Minnesota National Guard or the portion of it 
 involving selective reserve status, for which any part of that 
 service was spent serving honorably in federal active service or 
 federally funded state active service since September 11, 2001, 
 the person's eligibility is extended for a period of two years, 
 plus an amount of time equal to the duration of that person's 
 active service, subject to the credit hours limit in paragraph 
 (g); or 

    (2) has served honorably in the Minnesota National Guard 
 and has been separated or discharged from that organization due 
 to a service-connected injury, disease, or disability, the 
 eligibility period is extended for eight years beyond the date 
 of separation, subject to the credit hours limit in paragraph 
 (g). 

    (d) If a member of the Minnesota National Guard is killed 
 in the line of state active service or federally funded state 
 active service, the member's surviving spouse, and any surviving 
 dependent who has not yet reached 24 years of age, is eligible 
 for a tuition and textbook reimbursement grant, with each 
 eligible person independently subject to the credit hours limit 
 in paragraph (g). 

    (e) The adjutant general may, within the limitations of 
 paragraphs (b) to (d) and other applicable laws, determine 
 additional eligibility criteria for the grant, and must specify 
 the criteria in department regulations and publish changes as 
 necessary. 

    (f) The amount of a tuition and textbook reimbursement 
 grant must be specified on a schedule as determined and 
 published in department regulations by the adjutant general, but 
 is limited to a maximum of an amount equal to the greater of: 

    (1) up to 100 percent of the cost of tuition for lower 
 division programs in the College of Liberal Arts at the Twin 
 Cities campus of the University of Minnesota in the most recent 
 academic year; or 

    (2) up to 100 percent of the cost of tuition for the 
 program in which the person is enrolled at that Minnesota public 
 institution, or if that public institution is outside the state 
 of Minnesota, for the cost of a comparable program at the 
 University of Minnesota, except that in the case of a survivor 
 as defined in paragraph (d), the amount of the tuition and 
 textbook reimbursement grant for coursework satisfactorily 
 completed by the person is limited to 100 percent of the cost of 
 tuition for postsecondary courses at a Minnesota public 
 educational institution. 

    (g) Paragraphs (b) to (e) notwithstanding, a person is no 
 longer eligible for a grant under this subdivision once the 
 person has received grants under this subdivision for the 
 equivalent of 208 quarter credits or 144 semester credits of 
 coursework. 

    (h) Tuition and textbook reimbursement grants received 
 under this subdivision may not be considered by the Minnesota 
 Higher Education Services Office or by any other state board, 
 commission, or entity in determining a person's eligibility for 
 a scholarship or grant-in-aid under sections 136A.095 to 
 136A.1311. 

    (i) If a member fails to complete a term of enlistment 
 during which a tuition and textbook reimbursement grant was 
 paid, the adjutant general may seek to recoup a prorated amount 
 as determined by the adjutant general.  However, this authority 
 does not apply to a person whose separation from the Minnesota 
 National Guard is due to a medical condition or financial 
 hardship. 

    (j) For purposes of this section, the terms "active 
 service," "state active service," "federally funded state active 
 service," and "federal active service" have the meanings given 
 in section 190.05, subdivisions 5 to 5c, respectively, except 
 that for purposes of paragraph (c), clause (1), these terms 
 exclude service performed exclusively for purposes of: 

    (1) basic combat training, advanced individual training, 
 annual training, and periodic inactive duty training; 

    (2) special training periodically made available to reserve 
 members; 

    (3) service performed in accordance with section 190.08, 
 subdivision 3; and 

    (4) service performed as part of the active guard/reserve 
 program pursuant to United States Code, title 32, section 
 502(f), or other applicable authority. 

    Subd. 3.    Record keeping and reporting.  The adjutant 
 general must keep an accurate record of the recipients and 
 benefits paid under this section, and must report this 
 information in the agency performance report, including 
 information regarding the rank, unit location, race, and gender. 

    By January 16 of each year, the adjutant general must 
 provide copies of the regulations developed under this section 
 to the chairs of the house and senate policy committees 
 responsible for the National Guard. 

    The Department of Military Affairs shall make a specific 
 effort to recruit and reenlist women and members of minority 
 groups into the National Guard through the use of the financial 
 incentives authorized by the programs in this section. 

    HIST: 1989 c 335 art 1 s 182; 1991 c 199 art 2 s 1; 1993 c 192 
 s 76; 1995 c 186 s 48; 1995 c 212 art 3 s 59; 1996 c 390 s 32; 
 1997 c 160 s 1; 1Sp2001 c 10 art 2 s 64; 2003 c 34 s 1; 2004 c 
 256 art 1 s 3; 2005 c 156 art 4 s 4 

*   NOTE:  Subdivision 2 was also amended by Laws 2004, chapter 
*219, section 1, to read as follows: 

*   "Subd. 2.    Tuition and textbook reimbursement grant 
*program.  (a) The adjutant general shall establish a program 
*to provide tuition and textbook reimbursement grants to eligible 
*members of the Minnesota National Guard within the limitations 
*of this subdivision. 

*   (b) Eligibility is limited to a member of the National 
*Guard who: 

*   (1) is serving satisfactorily as defined by the adjutant 
*general; 

*   (2) is attending a postsecondary educational institution, 
*as defined by section 136A.15, subdivision 6, including a 
*vocational or technical school operated or regulated by this 
*state or another state or province; and 

*   (3) provides proof of satisfactory completion of 
*coursework, as defined by the adjutant general. 

*   In addition, if a member of the Minnesota National Guard is 
*killed in the line of state active service or federally funded 
*state active service, as defined in section 190.05, subdivisions 
*5a and 5b, the member's surviving spouse, and any surviving 
*dependent who has not yet reached 24 years of age, is eligible 
*for a tuition and textbook reimbursement grant. 

*   The adjutant general may, within the limitations of this 
*paragraph and other applicable laws, determine additional 
*eligibility criteria for the grant, and must specify the 
*criteria in department regulations and publish changes as 
*necessary. 

*   (c) The amount of a tuition and textbook reimbursement 
*grant must be specified on a schedule as determined and 
*published in department regulations by the adjutant general, but 
*is limited to a maximum of an amount equal to the greater of: 

*   (1) the cost of tuition for lower division programs in the 
*College of Liberal Arts at the Twin Cities campus of the 
*University of Minnesota in the most recent academic year; or 

*   (2) the cost of tuition for the program in which the person 
*is enrolled at that Minnesota public institution, or if that 
*public institution is outside the state of Minnesota, for the 
*cost of a comparable program at the University of Minnesota, 
*except that in the case of a survivor as defined in paragraph 
*(b), the amount of the tuition and textbook reimbursement grant 
*for coursework satisfactorily completed by the person is limited 
*to 100 percent of the cost of tuition for postsecondary courses 
*at a Minnesota public educational institution. 

*   Paragraph (b) notwithstanding, a person is no longer 
*eligible for a grant under this subdivision once the person has 
*received grants under this subdivision for the equivalent of 208 
*quarter credits or 144 semester credits of coursework. 

*   (d) Tuition and textbook reimbursement grants received 
*under this subdivision may not be considered by the Minnesota 
*Higher Education Services Office or by any other state board, 
*commission, or entity in determining a person's eligibility for 
*a scholarship or grant-in-aid under sections 136A.095 to 
*136A.1311. 

*   (e) If a member fails to complete a term of enlistment 
*during which a tuition and textbook reimbursement grant was 
*paid, the adjutant general may seek to recoup a prorated amount 
*as determined by the adjutant general." 

*   NOTE:  The amendment to subdivision 2 by Laws 2005, chapter 
*156, article 4, section 4, is effective June 4, 2005, and 
*applies to persons who have served in the Minnesota National 
*Guard at any time since September 11, 2001, and if the person 
*has died in the line of service, to the person's surviving 
*spouse and dependents.  Laws 2005, chapter 156, article 4, 
*section 4, the effective date.