2006 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    Subdivision 1.[Repealed by amendment, 1996 c 390 s 32]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 Office of Higher Education 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.
History: 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
219 s 1; 2004 c 256 art 1 s 3; 2005 c 10 art 1 s 82; 2005 c 107 art 2 s 60; 2005 c 156 art 4 s 4

NOTE: The amendment to subdivision 2 by Laws 2005, chapter 156, article 4, section 4,
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.