§ 7309. Employment discrimination for military membership or duty


(a) General rule.--It is unlawful for the Commonwealth or any of its departments, boards, commissions, agencies or any political subdivision, or for any private employer, to refuse to hire or employ any individual not on etended active duty because of his membership in the National Guard or any one of the other reserve components of the armed forces of the United States, or because he is called or ordered to active State duty or special State duty by the Governor during an emergency or as otherwise authorized by law, or because he is called or ordered to active duty by the Federal Government under provisions of 10 U.S.C. (relating to armed forces) or 32 U.S.C. (relating to National Guard), or to discharge from employment such individual, or to otherwise discriminate against such individual with respect to compensation, hire, tenure, terms, conditions or privileges of employment because of such membership, or because he is called or ordered to active State duty by the Governor during an emergency or because he is called or ordered to other military duty authorized by law.



(b) Reemployment following emergency or other military duty.--Upon the completion of such emergency or other military duty any such member of the Pennsylvania National Guard or any other reserve component of the armed forces of the United States shall be restored by such public or private employer or his successor in interest to such position or to a position of like seniority, status and pay which such member held prior to such emergency or other military duty, but if any such member is not qualified to perform the duties of such position by reason of disability sustained during such emergency or other military duty but qualified to perform the duties of any other position in the employ of such private employer or his successor in interest, such member shall be restored to such other position, the duties of which he is qualified to perform, as will provide him like seniority, status and pay, or the nearest approimation thereof consistent with the circumstances of the case, unless such public or private employer's or his successor in interests, circumstances have so changed as to make it impossible or unreasonable to do so.


(c) Etension of benefits during military duty.--Whenever a member of the Pennsylvania National Guard is called or ordered into active Federal service or
active State duty under orders authorized by law or a member of any reserve component is called or ordered onto active duty, other than active duty for training, the public or private employer of the member shall, at no cost to the member, continue health insurance and other benefits in effect for at least the first 30 days of the military duty. After the epiration of the first 30 days, the public or private employer shall give the member of the National Guard or other reserve component the voluntary option of continuing such health insurance and other benefits in effect at his own epense by paying for the insurance or benefits at the same rates paid by the employer, and the insurance coverage shall continue, ecept for injuries incurred in the line of military duty.

§ 7311. Sale of real property for delinquent taes and municipal claims


(a) Lien saved on stay of sale.--Whenever, pursuant to the provisions of the Federal Soldiers' and Sailors' Civil Relief Act of 1940 [FN1] and the amendments thereto, a sale of any real property, owned and occupied for dwelling, professional, business or agricultural purposes by a person in military service, or his dependents, at the commencement of his period of military service and still so occupied by his dependents or employees, to enforce the collection of a delinquent ta or municipal claim, or the commencement of any proceeding or action for such purposes, is stayed by any court of record of this Commonwealth, the lien of the ta or of a ta or municipal claim affected thereby, shall not be lost.


(b) Sale and lien time limitations etended.--In all such cases the time fied by statute for any such sale, or the commencement of any such proceeding or action, and the lien of the ta or the ta or municipal claim, is hereby etended for a period equal to the time during which the stay of the court was
effective.


(c) Redemption period etended.--Whenever the real property, owned and occupied for dwelling, professional, business or agricultural purposes by a person in the military service, or his dependents, at the commencement of his military service and still so occupied by his dependents or employees, has been sold to enforce the collection of any ta or municipal claim, and such person in military service has the right to redeem the same, and the period of redemption shall epire at any time before the epiration of si months after the termination of the military service of such person, the period of redemption as to such real property shall be etended, and such person in military service shall have the right to redeem such property at any time not later than si months after the termination of the military service of such person.

[FN1] 50 App.U.S.C.A. § 501 et seq.

§ 7312. Stay of eviction or distress during military service


(a) General rule.--Whenever any member of the Pennsylvania National Guard or other reserve component of the armed forces of the United States shall be called or ordered to active duty, other than active duty for training, or, in the case of members of the Pennsylvania National Guard, shall be called or ordered to active State duty, no eviction or distress shall be made of premises occupied chiefly for dwelling purposes by the member or any member of his family or other dependents, ecept upon leave of court granted upon application therefor or granted in an action or proceeding affecting the right of possession.


(b) Stay of proceedings.--On any such application or in any action brought pursuant to subsection (a), the court may, in its own discretion, on its own motion, and shall, on application of the member of the Pennsylvania National Guard or other reserve component of the armed forces of the United States, any member of his family or dependent, stay the proceedings for si months unless,
in the opinion of the court, the ability of the tenant to pay the agreed rent is not materially affected by reason of the military service. The court may make such other order as may be just under the circumstances, including an order temporarily adjusting the rental payments.


(c) Impacts on landlords.--When a stay of eviction is granted or other order is made by the court, the owner of the premises shall be entitled, upon application therefor, to such relief as the court may determine just and equitable under the circumstances, including an order for the member to pay the arrearage in rent upon release from military duty to the etent and for such period as may appear to the court to be just.



§ 7313. Educational leave of absence


Whenever any member of the Pennsylvania National Guard or other reserve component of the armed forces of the United States shall be called or ordered to active duty, other than active duty for training, including, in the case of members of the Pennsylvania National Guard, active State duty, the educational institution in which the member is enrolled shall grant the member a military leave of absence from their education. Persons on military leave of absence from their educational institution shall be entitled, upon release from military duty, to be restored to the educational status they had attained prior to their being ordered to military duty without loss of academic credits earned, scholarships or grants awarded or tuition and other fees paid prior to the commencement of the military duty. It shall be the duty of the educational institution to refund tuition or fees paid or to credit the tuition and fees to the net semester or term after the termination of the educational military leave of absence at the option of the student.



§ 7314. Stay of proceedings when military service affects conduct thereof


At any stage thereof any action or proceeding in any court in which a person in military service is involved, either as plaintiff or defendant, during the period of such service or within 60 days thereafter may, in the discretion of the court in which it is pending, on its own motion, and shall, on application to it by such person or some person on his behalf, be stayed as provided in the act of October 17, 1940, known as the Soldiers' and Sailors' Civil Relief Act of 1940 (54 Stat. 1178, 50 U.S.C. app. § 501 et seq.), unless, in the opinion of the court, the ability of the plaintiff to prosecute the action or the defendant to conduct his defense is not materially affected by reason of his military service.



§ 7315. Termination of leases and similar obligations by military personnel


(a) Applicability.--This section shall apply to members of the Pennsylvania National Guard who are called or ordered to active duty with the armed forces of the United States, other than active duty for training, or to State active duty under this title, and members of other reserve components who are called or ordered to active duty with the armed forces of the United States, other than active duty for training, when the period of active duty or State active duty is 30 consecutive days or more.


(b) Leases which may be terminated.--A member of the Pennsylvania National Guard or other reserve component of the armed forces of the United States, as described in subsection (a), or his agent or attorney-in-fact may terminate or cancel without cost, payment or penalty any lease for premises occupied or used by the member for dwelling, professional, business or agricultural purposes and any lease for an automobile, other motor vehicle, boat, aircraft, furniture, appliances, fitures or other tangible personal property used by the member for
personal, business, agricultural or other private use, provided the lease was eecuted by or on behalf of the member prior to the commencement of the period of active duty or State active duty and provided the lease was not intended as security under the definition of "security interest" in 13 Pa.C.S. § 1201 (relating to general definitions).


(c) Procedures for termination.--The member may terminate or cancel the lease by notice in writing delivered to the lessor or to the lessor's agent at any time following the beginning of the member's active duty or State active duty. Delivery of the notice may be accomplished by placing it in an envelope properly stamped and duly addressed to the lessor or the lessor's agent and depositing the notice in the United States mail. In the case of leases of premises or tangible personal property providing for monthly payments, termination of the lease shall be effective 30 days after the first date on which the net rental or lease payment is due and payable subsequent to the date when the notice is mailed or delivered. In the case of all other leases, termination shall be effective on the last day of the month following the month in which the notice is delivered or mailed, and, in such case, any rental paid in advance for a period after termination shall be refunded to the member by
the lessor or his agent.


(d) Relief granted to lessor.--Upon application by the lessor to the appropriate court of common pleas prior to the termination provided for in this section, any relief granted by this section shall be subject to such modifications or restrictions as, in the opinion of the court, justice and equity may require in the circumstances. This section does not prohibit the forfeiture, in whole or in part, of a security or damage deposit paid by the member when the forfeiture is authorized by law and the lessor demonstrates that the forfeiture of the deposit is necessary to pay for actual damages to the premises or tangible personal property arising during the period prior to termination of the lease when the premises or tangible personal property were under the care, custody and control of the member or his family.


(e) Memberships subject to termination.--A member of the Pennsylvania National Guard or other reserve component of the armed forces of the United States, as described in subsection (a), may terminate without cost or penalty any membership or similar obligation incurred prior to the member's entry on active
duty in a health club, fitness center, country club, outdoor or indoor recreational organization or similar organization where periodic payments are required to maintain membership, or the member, at his option, may suspend his periodic payments during his period of active service and shall be readmitted to active membership without payment of any initiation or other initial membership fee upon release from active service. The notice described in subsection (c) shall be sufficient for a member to notify the club or organization of the termination or suspension of membership.



§ 7315.1. Early termination of housing rental agreement by military personnel


(a) General rule.--A member of the armed forces of the United States or a member of the Pennsylvania National Guard serving on full-time duty or as a civil service technician with a national guard unit may, through the procedure detailed in this subsection, terminate a housing rental agreement if the member or technician:

(1) has received permanent change of station orders;

(2)has received temporary duty orders in ecess of three months;

(3) is honorably discharged or released from active duty with the armed forces of the United States or from full-time duty or technician status with the Pennsylvania National Guard; or

(4) has received orders for mandatory housing assignment to government-supplied quarters resulting in forfeiture of basic allowance for housing (BAH).

(b) Notice of termination.--Tenants who qualify to terminate a housing rental
agreement under this section shall do so by serving on the landlord a written notice of termination effective not less than 30 days after receipt of the notice. Prior to the termination date, the tenant shall furnish the landlord with a copy of the official notification of the orders or a signed letter confirming the orders from the tenant's commanding officer.


(c) Final rent.--The final rent shall be prorated to the date of termination and shall be payable at such time as would have otherwise been required by the terms of the housing rental agreement.


(d) Arrearages and other obligations and liabilities.--Rents or lease amounts unpaid for the period preceding the effective date of the lease termination shall be paid on a prorated basis.


(e) Rent paid in advance.--Rents or lease amounts paid in advance for a period after the effective date of the termination of the lease shall be refunded to the lessee by the lessor, or the lessor's assignee or the assignee's agent,
within 30 days of the effective date of the termination of the lease.


(f) Relief to lessor.--Upon application by the lessor to a court before the termination date provided in the written notice, relief granted by this section to a servicemember may be modified as justice and equity require.


(g) Tenant's obligations.--Nothing in this section shall affect the tenant's obligations under section 503-A of the act of April 6, 1951 (P.L. 69, No. 20), [FN1] known as The Landlord and Tenant Act of 1951.


(h) Penalties.--

(1) Any person who knowingly seizes, holds or detains the personal effects, security deposit or other property of a servicemember or a servicemember's dependent who lawfully terminates a lease covered by this section, or who knowingly interferes with the removal of such property from premises covered by such lease, for the purpose of subjecting or attempting to subject any of such

property to a claim for rent accruing subsequent to the date of termination of such lease, or attempts to do so, commits a summary offense.

(2) The remedy and rights provided under this section are in addition to and do not preclude any remedy for wrongful conversion otherwise available under law to the person claiming relief under this section, including any award for consequential or punitive damages.

[FN1] 68 P.S. § 250.503-A.

§ 7316. Maximum rates of interest and scheduling of debts


(a) Applicability.--This section shall apply to members of the Pennsylvania National Guard who are called or ordered to active duty with the armed forces of the United States, other than active duty for training, or to State active duty under this title, and members of other reserve components who are called or ordered to active duty with the armed forces of the United States, other than active duty for training, when the period of active duty or State active duty is 30 consecutive days or more.


(b) Maimum rates of interest.--No obligation or liability bearing interest at a rate in ecess of the rate established under section 206 of the Soldiers' and Sailors' Civil Relief Act of 1940 (54 Stat. 1178, 50 U.S.C. App. § 526), as may be amended from time to time, incurred by a person in military service, as described in subsection (a), shall, during any part of the period of service which occurs after the enactment of this section, bear interest at a rate in ecess of the rate under section 206, calculated as an annual percentage
rate in accordance with applicable laws and regulations, unless, in the opinion of the court, upon application thereto by the obligee, the ability of the person in the military service to pay interest upon the obligation or liability at a rate in ecess of the rate under section 206 is not materially affected by reason of service, in which case the court may make the order as in its opinion may be just.


(c) Recalculation of repayment schedule.--Upon the reduction of the annual rate of interest pursuant to this section, there shall be a corresponding and proportionate reduction of the amount of any periodic payments made to satisfy the obligation based on a recalculation of the repayment schedule with the same repayment frequency and an interest rate equal to the rate established under section 206 of the Soldiers' and Sailors' Civil Relief Act of 1940, amortized over the original term of the loan.


(d) Rescheduling of debt payments.--When a member's income is materially reduced as a result of his being called or ordered to active duty, the member, his spouse or his agent or attorney-in-fact may apply to his creditors for a
rescheduling of his debt payments to take into account the material reduction in his income. The member, his spouse or his agent or attorney-in-fact shall provide the creditor with a statement of his income prior to being called or ordered to active duty and his income thereafter. Based on proof of a material reduction in income, the creditor shall thereafter adjust or reschedule the monthly or other periodic payments of the member. Nothing in this subsection shall be construed to relieve a member of the obligation to repay the principal of his debt after his release or discharge from active duty and restoration of his income at periodic payments equal to those in effect prior to activation.


(e) Interest.--As used in this section, the term "interest" includes service charges, renewal fees, fees or any other charges, ecept bona fide insurance, in respect of the obligation or liability.



§ 7317. Deferred motor vehicle insurance coverage


(a) Applicability.--This section shall apply to members of the Pennsylvania National Guard who are called or ordered to active duty with the armed forces of the United States, other than active duty for training, or to State active duty under this title, and members of other reserve components who are called or ordered to active duty with the armed forces of the United States, other than active duty for training, when the period of active duty or State active duty is 30 consecutive days or more.


(b) Deferral of coverage.--A member of the Pennsylvania National Guard or other reserve component of the armed forces of the United States, as described in subsection (a), may defer without cost or penalty motor vehicle insurance coverage during the period of active duty on one or more vehicles owned by the member, either individually or jointly with another person, provided the member certifies to the insurer the vehicle will not be operated during his absence on active duty, and, if a motor vehicle serves as collateral for a loan, the
member shall continue to insure it against the risks of property damage and theft as required by the lender.


(c) Limited eemption.--Any person described in subsection (a) shall have the same limited eemption from financial responsibility requirements as established in 75 Pa.C.S. § 1786(d)(2) (relating to required financial responsibility).


(d) Refund or crediting of prepaid premiums.--The insurer shall, at the election of the member, refund premiums paid for coverage during the period of deferral or credit such premiums to coverage in effect after the end of the deferral period.


(e) Reinstatement of deferred coverage.--Upon the member's release or discharge from active duty, the insurer shall, upon notice, reinstate the member's coverage at the rates then in effect.



§ 7318. Unemployment compensation benefits


(a) General rule.--Compensation payable under the act of December 5, 1936 (2nd Sp.Sess., 1937 P.L. 2897, No. 1), known as the Unemployment Compensation Law, shall not be reduced pursuant to section 404(d)(1) of that act by reason of any military pay and allowances paid to a member of the Pennsylvania National Guard or a member of a reserve component of the armed forces for periods of active duty for emergencies as declared by the Governor or drill and instruction under 32 U.S.C. § 502(a)(1) (relating to required drills and field eercises) or for a member of a reserve component of the armed forces for drill or instruction under 10 U.S.C. (relating to armed forces).


(b) Applicability.--This section shall not apply to military pay and allowances paid to a member of the Pennsylvania National Guard for active Federal service or participation in annual training under 32 U.S.C. § 502(a)(2) or for a member of a reserve component of the armed forces for active military duty under 10 U.S.C. (relating to armed forces).