Existing law establishes various educational benefits for dependents of veterans who were killed during military service or are totally disabled, as specified. Existing law defines dependent of a veteran to include the spouse of a totally disabled veteran. Existing law prohibits a dependent of a veteran from receiving these educational benefits during the time the dependent is entitled to receive specified federal educational benefits or duplicate assistance from any other government source.

This bill would repeal that prohibition.

Existing law establishes various educational benefits for dependents of veterans who were killed during military service or are totally disabled, as specified. Existing law defines dependent of a veteran to include the spouse of a totally disabled veteran. Existing law prohibits a dependent of a veteran from receiving these educational benefits during the time the dependent is entitled to receive specified federal educational benefits or duplicate assistance from any other government source.

This bill would repeal that prohibition.

GOVERNOR'S VETO

GV Bill Id:AB 2736

Author:(Juan Carrillo)

As Enrolled Ver:August 31, 2024

2/3 vote

SUMMARY

This bill eliminates a prohibition against the concurrent receipt of specified federal and state education benefits.

Governor’s Veto Message

"While I support the author's goal of expanding access to higher education for dependents of veterans, this bill would result in General Fund ongoing costs in the millions of dollars annually and should be considered as part of the annual budget process."

COMMENTS

The College Fee Waiver for Veteran Dependents waives mandatory system-wide tuition and fees at any State of California Community College, California State University, or University of California campus. This program does not cover the expense of books, parking or room and board. There are four plans under which dependents of veterans may be eligible: Plans A, B C, and D. This bill applies to Plan A, which is restricted to:

1. The unmarried child of a veteran who is totally service-connected disabled or whose death was officially rated as service-connected is eligible. The child must be over 14 years old and under 27 years old to be eligible. If the child is a veteran, then the age limit is extended to age 30.
2. The spouse of a wartime veteran who is totally service-connected disabled is eligible. There are no age limit restrictions.
3. The unmarried surviving spouse of a wartime veteran whose death has been rated as service-connected is eligible. There are no age limit restrictions.
4. Any dependent of any Veteran who has been declared missing in action, captured in the line of duty by hostile forces, or forcibly detained or interned in the line of duty by a foreign government or power is eligible.

The veteran must have served at least one day of active duty during a period of war as declared by the U.S. Congress, or during any time in which the veteran was awarded a campaign or expeditionary medal. Concurrent receipt of benefits under Plan A and VA Chapter 35 benefits is prohibited.

The other plans do not prohibit concurrent receipt of federal and state benefits, though that is not relevant in the case of Plan C, and Plan D’s service population is very small.

The federal benefit to which this concurrent receipt prohibition applies is Survivors' and Dependents' Educational Assistance (DEA, also called Chapter 35), which supports education and training to qualified dependents of veterans who are permanently and totally disabled because of a service-related condition, or died while on active duty or as a result of a service-related condition. DEA recipients receive a monthly payment to help cover the cost of college or graduate degree programs, career training certificate courses, educational and career counseling, apprenticeships, and on-the-job training. The current rate of funding for DEA recipients is $1,298 per month for 36 months. The DEA does not pay tuition to schools: it is a monthly stipend intended to provide for all the costs of post-secondary education.

This bill does not expand eligibility for the tuition waiver to anyone who wasn't already eligible.

According to the Author

"Currently, the spouses and children of disabled veterans are eligible for both the California College Tuition Fee Waiver and Survivors' and Dependents' Educational Assistance (DEA). Veterans have earned these benefits through the severity of their injuries during their time of service, including the hundreds of thousands who live within my district. In 1972, a bill was passed that prohibited the acceptance of both benefits at the same time. The reasoning was that the DEA program fully covered tuition during this time, and receiving both programs was considered duplicate assistance. However, there is an exacerbated need to accept both programs simultaneously due to increasing living expenses, rising tuition rates, and the economic impact of the COVID-19 pandemic.

California has seen the positive impact that higher educational programs have had on the lives of veterans and their families, and there isn't a clear justification for denying access to both forms of aid concurrently. By repealing this prohibition, we honor our veterans and their time of service while making tangible differences in the lives of those who sacrificed greatly for our nation."

Arguments in Support

The California State Association of Counties writes: "Spouses and children of disabled veterans with a 100% service-connected disability rating meet the eligibility requirements for both programs due to the severity of the veterans' injuries during their time of service. In acknowledgment of the valuable contributions and sacrifices made by veterans and their families, it is imperative to extend support to the spouses and children of disabled veterans. AB 2736 aims to rectify an outdated restriction that prevents beneficiaries covered under Plan A of the California College Fee Waiver from concurrently receiving monthly payments from the DEA program. By removing this prohibition, this bill seeks to improve accessibility to financial and educational assistance for these deserving individuals, thereby fostering greater opportunities for personal and professional advancement."

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Senate Committee on Appropriations

1. The University of California (UC) estimates General Fund costs of $2.5 million each year to provide additional fee waivers under the California College Tuition Fee Waiver program. This estimate is based on the number of new undergraduates, continuing undergraduates, and graduate students receiving Chapter 35 benefits who do not currently qualify for the program. The increases in demand for the federally-funded DEA program would not have an impact on the state.
2. The Chancellor's Office estimates ongoing Proposition 98 General Fund costs in the low to mid hundreds of thousands of dollars each year to provide additional fee waivers to newly eligible students. While the fee waiver would only affect a small population of students, it is difficult to predict whether more students will apply. Assuming the program will grow between five and fifteen percent, the bill’s costs could range from $197,000 to $592,000 in ongoing costs each year.
3. The California State University (CSU) indicates that the cost to provide additional fee waivers as a result of this bill is difficult to determine since the number of students that will utilize the benefit is unknown.
4. The California Department of Veterans Affairs (CalVet) anticipates no additional costs as a result of this measure.

VOTES

ASM MILITARY AND VETERANS AFFAIRS: 10-0-0

YES: Schiavo, Davies, Addis, Alanis, Alvarez, Boerner, Juan Carrillo, Ta, Valencia, Villapudua

ASM APPROPRIATIONS: 15-0-0

YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Jim Patterson, Pellerin, Ta, Villapudua

ASSEMBLY FLOOR: 72-0-8

YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Flora, Mike Fong, Vince Fong, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

ABS, ABST OR NV: Calderon, Cervantes, Megan Dahle, Essayli, Friedman, Holden, Mathis, Luz Rivas

SENATE FLOOR: 39-0-1

YES: Allen, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

ABS, ABST OR NV: Alvarado-Gil

UPDATED

VERSION: August 31, 2024

CONSULTANT: Christian Burkin / M. & V.A. / (916) 319-3550 FN: 0005151

 THIRD READING  

Bill No: AB 2736

Author: Juan Carrillo (D), et al.

Introduced: 2/15/24

Vote: 21

SENATE MILITARY & VETERANS COMMITTEE: 5-0, 6/24/24

AYES: Archuleta, Grove, Alvarado-Gil, Menjivar, Umberg

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/15/24

AYES: Caballero, Jones, Ashby, Becker, Bradford, Seyarto, Wahab

ASSEMBLY FLOOR: 72-0, 5/22/24 - See last page for vote

SUBJECT: Veterans: benefits

SOURCE: Author

DIGEST:

This bill eliminates a prohibition against the concurrent receipt and usage of certain federal and state education benefits.

ANALYSIS:

Existing law:

1. Establishes the UC as a public trust to be administered by the Regents of the University of California (UC); and, grants the Regents full powers of organization and government, subject only to such legislative control as may be necessary to insure security of its funds, compliance with the terms of its endowments, statutory requirements around competitive bidding and contracts, sales of property and the purchase of materials, goods and services (Article IX, Section (9)(a) of the California Constitution).
2. Establishes the Donahoe Higher Education Act, setting forth the mission of the UC, California State University (CSU), and California Community Colleges (CCC) (Education Code (EDC) Section 66010, et seq.).
3. Confers upon the CSU Trustees the powers, duties, and functions with respect to the management, administration, control of the CSU system and provides that the Trustees are responsible for the rule of government of their appointees and employees (EDC Sections 66606 and 89500, et seq.).
4. Establishes the CCC under the administration of the Board of Governors of the CCC, as one of the segments of public postsecondary education in this state. The CCC shall be comprised of community college districts (EDC Section 70900).
5. The Donahoe Higher Education Act prohibits campuses of those segments from charging mandatory systemwide tuition or fees to specified students who apply for a waiver, including a child of any veteran of the United States military who has a service-connected disability, has been killed in service, or has died of a service-connected disability, where the annual income of the child, including the value of any support received from a parent, does not exceed the national poverty level. (EDC Section 66025.3, et seq.)
6. Establishes various educational benefits for dependents of veterans who were killed during military service or are totally disabled, as specified; defines “dependent of a veteran” to include the spouse of a totally disabled veteran; and prohibits a dependent of a veteran from receiving these educational benefits during the time the dependent is entitled to receive specified federal educational benefits or duplicative assistance from any other government source. (Military and Veterans Code (MVC) Section 890, et seq.)
7. Prohibits a dependent of a veteran, as defined in paragraph (1), (2) or (3) of subdivision (a) of Section 890, from receiving the benefits of this article during the time that they are entitled to receive federal educational benefits under Chapter 35, Title 38, United States Code, as amended, or duplicate assistance from any other government source. (MVC 896.1)
8. Establishes educational benefits for the spouse and children of both currently serving members of the Armed Forces of the United States and veterans, in such instances where the servicemember or veteran is permanently and totally disabled due to a service-connected disability, or died while on active duty or as a result of a service-connected disability. (38 U.S. Code Section 3500, et seq.)

This bill repeals MVC Section 896.1.

Background

College Fee Waiver for Veteran Dependents The California Department of Veterans Affairs (CalVet) administers the College Fee Waiver for Veteran Dependents, which waives mandatory system-wide tuition and fees at any State of California Community College, California State University, or University of California campus. This program does not cover the expense of books, parking or room and board. There are four plans under which dependents of veterans may be eligible, Plans A, B C, and D.

Plan A is restricted to:

1. The unmarried child of a veteran who is totally service-connected disabled or whose death was officially rated as service-connected is eligible. The child must be over 14 years old and under 27 years old to be eligible. If the child is a veteran, then the age limit is extended to age 30.
2. The spouse of a wartime veteran who is totally service-connected disabled is eligible. There are no age limit restrictions.
3. The unmarried surviving spouse of a wartime veteran whose death has been rated as service-connected is eligible. There are no age limit restrictions.
4. Any dependent of any Veteran who has been declared missing in action, captured in the line of duty by hostile forces, or forcibly detained or interned in the line of duty by a foreign government or power is eligible.

The veteran must have served at least one day of active duty during a period of war as declared by the U.S. Congress, or during any time in which the veteran was awarded a campaign or expeditionary medal. Concurrent receipt of benefits under Plan A and VA Chapter 35 benefits is prohibited.

Plan B

Covers the child of a veteran who has a service-connected disability, or had a service-connected disability at the time of death, or died of service-related causes is eligible. The child's annual income, which includes the child's adjusted gross income, plus the value of support provided by a parent, may not exceed the annual income limit. The current academic year entitlement is based upon the previous calendar year's annual income.

Under Plan B, wartime service is not required and there are no specific age requirements. Children are the only dependents eligible under this plan. There is no prohibition against receiving concurrent VA Chapter 35 benefits.

Plan C

Covers any dependent of any member of the California National Guard, who in the line of duty while on active service to the state, was killed, died of a disability resulting from an event that occurred while in active service to the state, or is permanently disabled as a result of an event that occurred while in the service to the state is eligible. Surviving spouses who have not remarried are also eligible. "Active service to the state," for the purpose of this benefit, means a member of the California National Guard activated pursuant to Section 146 of the MVC.

Plan D

Covers Medal of Honor recipients and children of Medal of Honor recipients under the age of 27 may qualify. Benefits under Plan D are limited to undergraduate studies only, and applicants are subject to both income and age restrictions. There is no prohibition against receiving concurrent VA Chapter 35 benefits.

The Survivors’ and Dependents’ Educational Assistance (DEA, also called Chapter 35) program offers education and training to qualified dependents of veterans who are permanently and totally disabled because of a service-related condition, or died while on active duty or as a result of a service-related condition. DEA recipients receive a monthly payment to help cover the cost of college or graduate degree programs, career training certificate courses, educational and career counseling, apprenticeships, and on-the-job training. The current rate of funding for DEA recipients is $1,298 per month for 36 months.

Comments

According to the author, “Currently, the spouses and children of disabled veterans are eligible for both the California College Tuition Fee Waiver and Survivors’ and Dependents’ Educational Assistance (DEA). Veterans have earned these benefits through the severity of their injuries during their time of service, including the hundreds of thousands who live within my district. In 1972, a bill was passed that prohibited the acceptance of both benefits at the same time. The reasoning was that the DEA program fully covered tuition during this time, and receiving both programs was considered duplicate assistance. However, there is an exacerbated need to accept both programs simultaneously due to increasing living expenses, rising tuition rates, and the economic impact of the COVID-19 pandemic.

“California has seen the positive impact that higher educational programs have had on the lives of veterans and their families, and there isn’t a clear justification for denying access to both forms of aid concurrently. By repealing this prohibition, we honor our veterans and their time of service while making tangible differences in the lives of those who sacrificed greatly for our nation.”

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee:

• The University of California (UC) estimates General Fund costs of $2.5 million each year to provide additional fee waivers under the California College Tuition Fee Waiver program. This estimate is based on the number of new undergraduates, continuing undergraduates, and graduate students receiving Chapter 35 benefits who do not currently qualify for the program. The increases in demand for the federally-funded DEA program would not have an impact on the state.
• The Chancellor’s Office estimates ongoing Proposition 98 General Fund costs in the low to mid hundreds of thousands of dollars each year to provide additional fee waivers to newly eligible students. While the fee waiver would only affect a small population of students, it is difficult to predict whether more students will apply. Assuming the program will grow between five and fifteen percent, the bill’s costs could range from $197,000 to $592,000 in ongoing costs each year.
• The California State University (CSU) indicates that the cost to provide additional fee waivers as a result of this bill is difficult to determine since the number of students that will utilize the benefit is unknown.

The California Department of Veterans Affairs (CalVet) anticipates no additional costs as a result of this measure.

SUPPORT: (Verified 8/15/24)

American Legion, Department of California

AMVETs, Department of California

California Council of Chapters Military Officers Association of America

California State Association of Counties

Military Officers Association of America, California Council of Chapters

OPPOSITION: (Verified 8/15/24)

None received

ASSEMBLY FLOOR: 72-0, 5/22/24

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Flora, Mike Fong, Vince Fong, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

NO VOTE RECORDED: Calderon, Cervantes, Megan Dahle, Essayli, Friedman, Holden, Mathis, Luz Rivas

Prepared by: Jenny Callison / M.&V.A. / (916) 651-1503

8/18/24 9:19:32

**** END ****

SENATE COMMITTEE ON

Senator Anna Caballero, Chair

2023 - 2024 Regular Session

AB 2736 (Juan Carrillo) - Veterans: benefits

Bill Summary:

This bill allows a qualified child or spouse of veteran who is permanently and totally disabled, or who died in the line of duty, to concurrently receive educational benefits under the California College Tuition Fee Waiver and the federal Survivors’ and Dependents’ Educational Assistance (DEA) programs.

Fiscal Impact:

• The University of California (UC) estimates General Fund costs of $2.5 million each year to provide additional fee waivers under the California College Tuition Fee Waiver program. This estimate is based on the number of new undergraduates, continuing undergraduates, and graduate students receiving Chapter 35 benefits who do not currently qualify for the program. The increases in demand for the federally-funded DEA program would not have an impact on the state.
• The Chancellor’s Office estimates ongoing Proposition 98 General Fund costs in the low to mid hundreds of thousands of dollars each year to provide additional fee waivers to newly eligible students. While the fee waiver would only affect a small population of students, it is difficult to predict whether more students will apply. Assuming the program will grow between five and fifteen percent, the bill’s costs could range from $197,000 to $592,000 in ongoing costs each year.
• The California State University (CSU) indicates that the cost to provide additional fee waivers as a result of this bill is difficult to determine since the number of students that will utilize the benefit is unknown.
• The California Department of Veterans Affairs (CalVet) anticipates no additional costs as a result of this measure.

Background:

The CalVet administers the College Fee Wavier for Veteran Dependents, which waives mandatory system-wide tuition and fees at any UC, CSU, or community college campus. This program does not cover the expense of books, parking, or room and board expenses. There are four plans under which dependents of veterans may be eligible: Plans A, B C, and D. Plan A is restricted to a child, spouse, or unmarried surviving spouse of a veteran who is totally service-connected disabled or whose death was officially rated as service-connected are eligible. If the child is a veteran, then the age limit is extended to age 30. There are no age limit restrictions for the spouse or unmarried surviving spouse of a wartime veteran. Additionally, the veteran must have served at least one day of active duty during a period of war as declared by the U.S. Congress, or during any time in which the veteran was awarded a campaign or expeditionary medal.

The U.S. Department of Veterans Affairs administers the DEA program, which offers education and training to qualified dependents or survivors of veterans who are permanently and totally disabled because of a service-related condition, or who died while on active duty or as a result of a service-related condition. DEA recipients receive a monthly payment (approximately $1,500 per month for 36 months for a full-time student) to help cover the cost of college or graduate degree programs, career training certificate courses, apprenticeships, and on-the-job training.

Proposed Law:

By deleting the prohibition in existing law, this bill would allow a qualified child or spouse of veteran who is permanently and totally disabled, or who died in the line of duty, to concurrently receive educational benefits under the California College Tuition Fee Waiver and the federal Survivors’ and DEA programs.

Related Legislation:

AB 1606 (Ramos, 2022) was similar to this bill and proposed expand eligibility for tuition and fee waivers and other educational benefits to children and dependents of military veterans. This bill was held in the Assembly Appropriations Committee.

Staff Comments:

Concurrent receipt of benefits under the College Fee Waiver for Veteran Dependents (Plan A) and DEA programs is prohibited. According to the author, “…the spouses and children of disabled veterans are eligible for both the California College Tuition Fee Waiver and Survivors’ and Dependents’ Educational Assistance (DEA). Veterans have earned these benefits through the severity of their injuries during their time of service, including the hundreds of thousands who live within my district. In 1972, a bill was passed that prohibited the acceptance of both benefits at the same time. The reasoning was that the DEA program fully covered tuition during this time, and receiving both programs was considered duplicate assistance. However, there is an exacerbated need to accept both programs simultaneously due to increasing living expenses, rising tuition rates, and the economic impact of the COVID-19 pandemic.”

This bill would eliminate the prohibition against the concurrent receipt and usage of benefits under these programs.

-- END --

SENATE COMMITTEE ON MILITARY AND VETERANS AFFAIRS

Senator Bob Archuleta, Chair

2023 - 2024 Regular

Bill No: AB 2736 Hearing Date: 6/24/24

Subject: Veterans: benefits

DESCRIPTION

Summary:

Eliminates a prohibition against the concurrent receipt and usage of specified federal and state education benefits.

Existing law:

1. Establishes the UC as a public trust to be administered by the Regents of the University of California (UC); and, grants the Regents full powers of organization and government, subject only to such legislative control as may be necessary to insure security of its funds, compliance with the terms of its endowments, statutory requirements around competitive bidding and contracts, sales of property and the purchase of materials, goods and services (Article IX, Section (9)(a) of the California Constitution).
2. Establishes the Donahoe Higher Education Act, setting forth the mission of the UC, California State University (CSU), and California Community Colleges (CCC) (Education Code (EDC) Section 66010, et seq.).
3. Confers upon the CSU Trustees the powers, duties, and functions with respect to the management, administration, control of the CSU system and provides that the Trustees are responsible for the rule of government of their appointees and employees (EDC Sections 66606 and 89500, et seq.).
4. Establishes the CCC under the administration of the Board of Governors of the CCC, as one of the segments of public postsecondary education in this state. The CCC shall be comprised of community college districts (EDC Section 70900).
5. The Donahoe Higher Education Act prohibits campuses of those segments from charging mandatory systemwide tuition or fees to specified students who apply for a waiver, including a child of any veteran of the United States military who has a service-connected disability, has been killed in service, or has died of a service-connected disability, where the annual income of the child, including the value of any support received from a parent, does not exceed the national poverty level. (EDC Section 66025.3, et seq.)
6. Establishes various educational benefits for dependents of veterans who were killed during military service or are totally disabled, as specified; defines “dependent of a veteran” to include the spouse of a totally disabled veteran; and prohibits a dependent of a veteran from receiving these educational benefits during the time the dependent is entitled to receive specified federal educational benefits or duplicative assistance from any other government source. (Military and Veterans Code (MVC) Section 890, et seq.)
7. Prohibits a dependent of a veteran, as defined in paragraph (1), (2) or (3) of subdivision (a) of Section 890, from receiving the benefits of this article during the time that they are entitled to receive federal educational benefits under Chapter 35, Title 38, United States Code, as amended, or duplicate assistance from any other government source. (MVC 896.1)
8. Establishes educational benefits for the spouse and children of both currently serving members of the Armed Forces of the United States and veterans, in such instances where the servicemember or veteran is permanently and totally disabled due to a service-connected disability, or died while on active duty or as a result of a service-connected disability. (38 U.S. Code Section 3500, et seq.)

This bill:

Repeals MVC Section 896.1.

BACKGROUND

College Fee Waiver for Veteran Dependents.

The California Department of Veterans Affairs (CalVet) administers the College Fee Waiver for Veteran Dependents, which waives mandatory system-wide tuition and fees at any State of California Community College, California State University, or University of California campus. This program does not cover the expense of books, parking or room and board. There are four plans under which dependents of veterans may be eligible, Plans A, B C, and D.

Plan A is restricted to:

1. The unmarried child of a veteran who is totally service-connected disabled or whose death was officially rated as service-connected is eligible. The child must be over 14 years old and under 27 years old to be eligible. If the child is a veteran, then the age limit is extended to age 30.
2. The spouse of a wartime veteran who is totally service-connected disabled is eligible. There are no age limit restrictions.
3. The unmarried surviving spouse of a wartime veteran whose death has been rated as service-connected is eligible. There are no age limit restrictions.
4. Any dependent of any Veteran who has been declared missing in action, captured in the line of duty by hostile forces, or forcibly detained or interned in the line of duty by a foreign government or power is eligible.

The veteran must have served at least one day of active duty during a period of war as declared by the U.S. Congress, or during any time in which the veteran was awarded a campaign or expeditionary medal. Concurrent receipt of benefits under Plan A and VA Chapter 35 benefits is prohibited.

Plan B covers the child of a veteran who has a service-connected disability, or had a service-connected disability at the time of death, or died of service-related causes is eligible. The child's annual income, which includes the child's adjusted gross income, plus the value of support provided by a parent, may not exceed the annual income limit. The current academic year entitlement is based upon the previous calendar year's annual income.

Under Plan B, wartime service is not required and there are no specific age requirements. Children are the only dependents eligible under this plan. There is no prohibition against receiving concurrent VA Chapter 35 benefits.

Plan C covers any dependent of any member of the California National Guard, who in the line of duty while on active service to the state, was killed, died of a disability resulting from an event that occurred while in active service to the state, or is permanently disabled as a result of an event that occurred while in the service to the state is eligible. Surviving spouses who have not remarried are also eligible. "Active service to the state," for the purpose of this benefit, means a member of the California National Guard activated pursuant to Section 146 of the MVC.

Plan D covers Medal of Honor recipients and children of Medal of Honor recipients under the age of 27 may qualify. Benefits under Plan D are limited to undergraduate studies only, and applicants are subject to both income and age restrictions. There is no prohibition against receiving concurrent VA Chapter 35 benefits.

The Survivors’ and Dependents’ Educational Assistance (DEA, also called Chapter 35) program offers education and training to qualified dependents of veterans who are permanently and totally disabled because of a service-related condition, or died while on active duty or as a result of a service-related condition. DEA recipients receive a monthly payment to help cover the cost of college or graduate degree programs, career training certificate courses, educational and career counseling, apprenticeships, and on-the-job training. The current rate of funding for DEA recipients is $1,298 per month for 36 months.

COMMENT

According to the author:

“Currently, the spouses and children of disabled veterans are eligible for both the California College Tuition Fee Waiver and Survivors’ and Dependents’ Educational Assistance (DEA). Veterans have earned these benefits through the severity of their injuries during their time of service, including the hundreds of thousands who live within my district. In 1972, a bill was passed that prohibited the acceptance of both benefits at the same time. The reasoning was that the DEA program fully covered tuition during this time, and receiving both programs was considered duplicate assistance. However, there is an exacerbated need to accept both programs simultaneously due to increasing living expenses, rising tuition rates, and the economic impact of the COVID-19 pandemic.

California has seen the positive impact that higher educational programs have had on the lives of veterans and their families, and there isn’t a clear justification for denying access to both forms of aid concurrently. By repealing this prohibition, we honor our veterans and their time of service while making tangible differences in the lives of those who sacrificed greatly for our nation.”

POSITIONS

Sponsor: Author.

Support: American Legion, Department of California
AMVETs, Department of California
California Council of Chapters Military Officers Association of America
California State Association of Counties
Military Officers Association of America, California Council of Chapters

Oppose: None on File.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 2736

Author:(Juan Carrillo)

As Introduced Ver:February 15, 2024

Majority vote

SUMMARY

This bill eliminates a prohibition against the concurrent receipt of specified federal and state education benefits.

Major Provisions

Repeals Military and Veterans Code Section 896.1.

COMMENTS

According to the author:

"Currently, the spouses and children of disabled veterans are eligible for both the California College Tuition Fee Waiver and Survivors' and Dependents' Educational Assistance (DEA). Veterans have earned these benefits through the severity of their injuries during their time of service, including the hundreds of thousands who live within my district. In 1972, a bill was passed that prohibited the acceptance of both benefits at the same time. The reasoning was that the DEA program fully covered tuition during this time, and receiving both programs was considered duplicate assistance. However, there is an exacerbated need to accept both programs simultaneously due to increasing living expenses, rising tuition rates, and the economic impact of the COVID-19 pandemic.

California has seen the positive impact that higher educational programs have had on the lives of veterans and their families, and there isn't a clear justification for denying access to both forms of aid concurrently. By repealing this prohibition, we honor our veterans and their time of service while making tangible differences in the lives of those who sacrificed greatly for our nation."

College Fee Waiver for Veteran Dependents.

The California Department of Veterans Affairs (CalVet) administers the College Fee Waiver for Veteran Dependents, which waives mandatory system-wide tuition and fees at any State of California Community College, California State University, or University of California campus. This program does not cover the expense of books, parking or room and board. There are four plans under which dependents of veterans may be eligible, Plans A, B C, and D.

Plan A is restricted to:

1. The unmarried child of a veteran who is totally service-connected disabled or whose death was officially rated as service-connected is eligible. The child must be over 14 years old and under 27 years old to be eligible. If the child is a veteran, then the age limit is extended to age 30.
2. The spouse of a wartime veteran who is totally service-connected disabled is eligible. There are no age limit restrictions.
3. The unmarried surviving spouse of a wartime veteran whose death has been rated as service-connected is eligible. There are no age limit restrictions.
4. Any dependent of any Veteran who has been declared missing in action, captured in the line of duty by hostile forces, or forcibly detained or interned in the line of duty by a foreign government or power is eligible.

The veteran must have served at least one day of active duty during a period of war as declared by the U.S. Congress, or during any time in which the veteran was awarded a campaign or expeditionary medal. Concurrent receipt of benefits under Plan A and VA Chapter 35 benefits is prohibited.

Plan B covers the child of a veteran who has a service-connected disability, or had a service-connected disability at the time of death, or died of service-related causes is eligible. The child's annual income, which includes the child's adjusted gross income, plus the value of support provided by a parent, may not exceed the annual income limit. The current academic year entitlement is based upon the previous calendar year's annual income.

Under Plan B, wartime service is not required and there are no specific age requirements. Children are the only dependents eligible under this plan. There is no prohibition against receiving concurrent VA Chapter 35 benefits.

Plan C covers any dependent of any member of the California National Guard, who in the line of duty while on active service to the state, was killed, died of a disability resulting from an event that occurred while in active service to the state, or is permanently disabled as a result of an event that occurred while in the service to the state is eligible. Surviving spouses who have not remarried are also eligible. "Active service to the state," for the purpose of this benefit, means a member of the California National Guard activated pursuant to Section 146 of the MVC.

Plan D covers Medal of Honor recipients and children of Medal of Honor recipients under the age of 27 may qualify. Benefits under Plan D are limited to undergraduate studies only, and applicants are subject to both income and age restrictions. There is no prohibition against receiving concurrent VA Chapter 35 benefits.

Federal benefits.

The U.S. Department of Veterans Affairs administers education benefits for dependents and survivors. There are two main programs offering educational assistance to survivors and dependents of Veterans. The Marine Gunnery Sergeant John David Fry Scholarship (Fry Scholarship) is for children and spouses of active duty servicemembers who died in the line of duty on or after September 11, 2001, or members of the Selected Reserve who died from a service-connected disability on or after September 11, 2001.

The Fry Scholarship can provide up to 36 months of benefits, including: money for tuition (full in-state tuition costs at public schools and up to $26,381.37 per year for training at private or out-of-state schools), funding for housing, and funding for books and supplies.

The Survivors' and Dependents' Educational Assistance (DEA, also called Chapter 35) program offers education and training to qualified dependents of veterans who are permanently and totally disabled because of a service-related condition, or died while on active duty or as a result of a service-related condition. DEA recipients receive a monthly payment to help cover the cost of college or graduate degree programs, career training certificate courses, educational and career counseling, apprenticeships, and on-the-job training. The current rate of funding for DEA recipients is $1,298 per month for 36 months.

The Fry Scholarship is not subject to the concurrent benefit prohibition, while the DEA is.

According to the Author

"Currently, the spouses and children of disabled veterans are eligible for both the California College Tuition Fee Waiver and Survivors' and Dependents' Educational Assistance (DEA). Veterans have earned these benefits through the severity of their injuries during their time of service, including the hundreds of thousands who live within my district. In 1972, a bill was passed that prohibited the acceptance of both benefits at the same time. The reasoning was that the DEA program fully covered tuition during this time, and receiving both programs was considered duplicate assistance. However, there is an exacerbated need to accept both programs simultaneously due to increasing living expenses, rising tuition rates, and the economic impact of the COVID-19 pandemic.

California has seen the positive impact that higher educational programs have had on the lives of veterans and their families, and there isn't a clear justification for denying access to both forms of aid concurrently. By repealing this prohibition, we honor our veterans and their time of service while making tangible differences in the lives of those who sacrificed greatly for our nation."

Arguments in Support

The Military Officers Association of America, California Council of Chapters write,

"The California College Fee Waiver, established in 1935, and the DEA, established in 1956, are vital resources that support the educational goals of spouses and children of disabled veterans. Unfortunately, current stipulations under College Fee Waiver Plan A prevent these dependents from utilizing both benefits simultaneously despite the escalating costs of education and living. This restriction is not only outdated but also limits the financial support available to those who have already significantly sacrificed for our nation.

AB 2736 proposes to remove these barriers, enhancing the educational opportunities available to these families. By supporting this bill, the committee will help honor the sacrifices of our disabled veterans by ensuring their families can access the comprehensive educational support they deserve."

Arguments in Opposition

None on file.

FISCAL COMMENTS

1. The California Department of Veterans Affairs (CalVet) anticipates no costs to the department.
2. Costs of an unknown amount, potentially in the hundreds of thousands of dollars annually to the University of California (UC), California State University (CSU), or a California Community College (CCC) in the form of foregone tuition revenue to provide additional fee waivers under the California College Tuition Fee Waiver program provided to dependents of military veterans attending these institutions. In the case of UC and CSU, these costs would be General Fund. In the case of CCC, these costs would be Proposition 98 General Fund. Increases in demand for the federal-funded DEA program would not impact the state. The population affected by this bill is unknown, but likely small.

VOTES

ASM MILITARY AND VETERANS AFFAIRS: 10-0-0

YES: Schiavo, Davies, Addis, Alanis, Alvarez, Boerner, Juan Carrillo, Ta, Valencia, Villapudua

ASM APPROPRIATIONS: 15-0-0

YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Jim Patterson, Pellerin, Ta, Villapudua

UPDATED

VERSION: February 15, 2024

CONSULTANT: Christian Burkin / M. & V.A. / (916) 319-3550 FN: 0003147

Date of Hearing: May 8, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 2736

Author:(Juan Carrillo) – As Introduced Ver:February 15, 2024

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill allows a qualified child or spouse of veteran who is permanently and totally disabled, or who died in the line of duty, to concurrently receive educational benefits under the California College Tuition Fee Waiver and the federal Survivors’ and Dependents’ Educational Assistance (DEA) programs. The bill accomplishes this by deleting the prohibition in existing law.

FISCAL EFFECT:

1. The California Department of Veterans Affairs (CalVet) anticipates no costs to the department.
2. Costs of an unknown amount, potentially in the hundreds of thousands of dollars annually to the University of California (UC), California State University (CSU), or a California Community College (CCC) in the form of foregone tuition revenue to provide additional fee waivers under the California College Tuition Fee Waiver program provided to dependents of military veterans attending these institutions. In the case of UC and CSU, these costs would be General Fund. In the case of CCC, these costs would be Proposition 98 General Fund. Increases in demand for the federal-funded DEA program would not impact the state. The population affected by this bill is unknown, but likely small.

COMMENTS:

1. Purpose. According to the author:

Currently, the spouses and children of disabled veterans are eligible for both the California College Tuition Fee Waiver and Survivors’ and Dependents’ Educational Assistance (DEA). Veterans have earned these benefits through the severity of their injuries during their time of service, including the hundreds of thousands who live within my district. In 1972, a bill was passed that prohibited the acceptance of both benefits at the same time. The reasoning was that the DEA program fully covered tuition during this time, and receiving both programs was considered duplicate assistance. However, there is an exacerbated need to accept both programs simultaneously due to increasing living expenses, rising tuition rates, and the economic impact of the COVID-19 pandemic.

1. Background. CalVet administers the College Fee Wavier for Veteran Dependents, which waives mandatory system-wide tuition and fees at any CCC, CSU, or UC campus. This program does not cover the expense of books, parking, or room and board expenses. There are four plans under which dependents of veterans may be eligible: Plans A, B C, and D. Plan A, the only plan impacted by this bill, is restricted to a child, spouse, or unmarried surviving spouse of a veteran who is totally service-connected disabled or whose death was officially rated as service-connected are eligible.

The U.S. Department of Veterans Affairs administers the DEA program, which offers education and training to qualified dependents or survivors of veterans who are permanently and totally disabled because of a service-related condition, or who died while on active duty or as a result of a service-related condition. DEA recipients receive a monthly payment (approximately $1,500 per month for 36 months for a full-time student) to help cover the cost of college or graduate degree programs, career training certificate courses, apprenticeships, and on-the-job training.

Concurrent receipt of benefits under Plan A and DEA is prohibited.

In 1972, when the prohibition was passed, the DEA program fully covered tuition and receiving both benefits was considered duplicate assistance. Today, the DEA monthly benefit is more likely to cover expenses not covered under Plan A, which provides only tuition benefits. This bill eliminates the prohibition against receiving benefits under both programs simultaneously. The bill does not expand eligibility for either program.

1. Related Legislation. AB 1606 (Ramos), of the 2021-22 Legislative Session, included the contents of this bill along with other, more costly provisions. AB 1606 was held on this committee’s suspense file.

Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081

Date of Hearing: April 9, 2024

ASSEMBLY COMMITTEE ON MILITARY AND VETERANS AFFAIRS

Pilar Schiavo, Chair

ABPCA Bill Id:AB 2736 (

Author:Juan Carrillo) – As Introduced Ver:February 15, 2024

SUBJECT: Veterans: benefits

SUMMARY: This bill eliminates a prohibition against the concurrent receipt of specified federal and state education benefits. Specifically, this bill:

Repeals Military and Veterans Code Section 896.1.

EXISTING LAW:

1. Establishes the UC as a public trust to be administered by the Regents of the University of California (UC); and, grants the Regents full powers of organization and government, subject only to such legislative control as may be necessary to insure security of its funds, compliance with the terms of its endowments, statutory requirements around competitive bidding and contracts, sales of property and the purchase of materials, goods and services (Article IX, Section (9)(a) of the California Constitution).
2. Establishes the Donahoe Higher Education Act, setting forth the mission of the UC, California State University (CSU), and California Community Colleges (CCC) (Education Code (EDC) Section 66010, et seq.).
3. Confers upon the CSU Trustees the powers, duties, and functions with respect to the management, administration, control of the CSU system and provides that the Trustees are responsible for the rule of government of their appointees and employees (EDC Sections 66606 and 89500, et seq.).
4. Establishes the CCC under the administration of the Board of Governors of the CCC, as one of the segments of public postsecondary education in this state. The CCC shall be comprised of community college districts (EDC Section 70900).
5. The Donahoe Higher Education Act prohibits campuses of those segments from charging mandatory systemwide tuition or fees to specified students who apply for a waiver, including a child of any veteran of the United States military who has a service-connected disability, has been killed in service, or has died of a service-connected disability, where the annual income of the child, including the value of any support received from a parent, does not exceed the national poverty level. (EDC Section 66025.3, et seq.)
6. Establishes various educational benefits for dependents of veterans who were killed during military service or are totally disabled, as specified; defines “dependent of a veteran” to include the spouse of a totally disabled veteran; and prohibits a dependent of a veteran from receiving these educational benefits during the time the dependent is entitled to receive specified federal educational benefits or duplicative duplicate assistance from any other government source. (Military and Veterans Code (MVC) Section 890, et seq.)
7. Federal law establishes educational benefits for the spouse and children of both currently serving members of the Armed Forces of the United States and veterans, in such instances where the servicemember or veteran is permanently and totally disabled due to a service-connected disability, or died while on active duty or as a result of a service-connected disability. (38 U.S. Code Section 3500, et seq.)

FISCAL EFFECT: This bill has not been analyzed by a fiscal committee.

COMMENTS: According to the author:

“Currently, the spouses and children of disabled veterans are eligible for both the California College Tuition Fee Waiver and Survivors’ and Dependents’ Educational Assistance (DEA). Veterans have earned these benefits through the severity of their injuries during their time of service, including the hundreds of thousands who live within my district. In 1972, a bill was passed that prohibited the acceptance of both benefits at the same time. The reasoning was that the DEA program fully covered tuition during this time, and receiving both programs was considered duplicate assistance. However, there is an exacerbated need to accept both programs simultaneously due to increasing living expenses, rising tuition rates, and the economic impact of the COVID-19 pandemic.

California has seen the positive impact that higher educational programs have had on the lives of veterans and their families, and there isn’t a clear justification for denying access to both forms of aid concurrently. By repealing this prohibition, we honor our veterans and their time of service while making tangible differences in the lives of those who sacrificed greatly for our nation.”

College Fee Waiver for Veteran Dependents.

The California Department of Veterans Affairs (CalVet) administers the College Fee Waiver for Veteran Dependents, which waives mandatory system-wide tuition and fees at any State of California Community College, California State University, or University of California campus. This program does not cover the expense of books, parking or room and board. There are four plans under which dependents of veterans may be eligible, Plans A, B C, and D.

Plan A is restricted to:

1. The unmarried child of a veteran who is totally service-connected disabled or whose death was officially rated as service-connected is eligible. The child must be over 14 years old and under 27 years old to be eligible. If the child is a veteran, then the age limit is extended to age 30.
2. The spouse of a wartime veteran who is totally service-connected disabled is eligible. There are no age limit restrictions.
3. The unmarried surviving spouse of a wartime veteran whose death has been rated as service-connected is eligible. There are no age limit restrictions.
4. Any dependent of any Veteran who has been declared missing in action, captured in the line of duty by hostile forces, or forcibly detained or interned in the line of duty by a foreign government or power is eligible.

The veteran must have served at least one day of active duty during a period of war as declared by the U.S. Congress, or during any time in which the veteran was awarded a campaign or expeditionary medal. Concurrent receipt of benefits under Plan A and VA Chapter 35 benefits is prohibited.

Plan B covers the child of a veteran who has a service-connected disability, or had a service-connected disability at the time of death, or died of service-related causes is eligible. The child's annual income, which includes the child's adjusted gross income, plus the value of support provided by a parent, may not exceed the annual income limit. The current academic year entitlement is based upon the previous calendar year's annual income.

Under Plan B, wartime service is not required and there are no specific age requirements. Children are the only dependents eligible under this plan. There is no prohibition against receiving concurrent VA Chapter 35 benefits.

Plan C covers any dependent of any member of the California National Guard, who in the line of duty while on active service to the state, was killed, died of a disability resulting from an event that occurred while in active service to the state, or is permanently disabled as a result of an event that occurred while in the service to the state is eligible. Surviving spouses who have not remarried are also eligible. "Active service to the state," for the purpose of this benefit, means a member of the California National Guard activated pursuant to Section 146 of the MVC.

Plan D covers Medal of Honor recipients and children of Medal of Honor recipients under the age of 27 may qualify. Benefits under Plan D are limited to undergraduate studies only, and applicants are subject to both income and age restrictions. There is no prohibition against receiving concurrent VA Chapter 35 benefits.

Federal benefits.

The U.S. Department of Veterans Affairs administers education benefits for dependents and survivors. There are two main programs offering educational assistance to survivors and dependents of Veterans. The Marine Gunnery Sergeant John David Fry Scholarship (Fry Scholarship) is for children and spouses of active duty servicemembers who died in the line of duty on or after September 11, 2001, or members of the Selected Reserve who died from a service-connected disability on or after September 11, 2001.

The Fry Scholarship can provide up to 36 months of benefits, including: money for tuition (full in-state tuition costs at public schools and up to $26,381.37 per year for training at private or out-of-state schools), funding for housing, and funding for books and supplies.

The Survivors’ and Dependents’ Educational Assistance (DEA, also called Chapter 35) program offers education and training to qualified dependents of veterans who are permanently and totally disabled because of a service-related condition, or died while on active duty or as a result of a service-related condition. DEA recipients receive a monthly payment to help cover the cost of college or graduate degree programs, career training certificate courses, educational and career counseling, apprenticeships, and on-the-job training. The current rate of funding for DEA recipients is $1,298 per month for 36 months.

The Fry Scholarship is not subject to the concurrent benefit prohibition, while the DEA is.

Related legislation

AB 1606 (Ramos) of 2022 would have eliminated the Plan A prohibition against concurrent receipt of Chapter 35 education benefits, made spouses eligible under Plan B and raised the income eligibility threshold under Plan B. It was held in the Assembly Committee on Appropriations.

AB 1745 (Soria) Chapter 695, Statutes of 2023 modified the annual income metric used to determine eligibility for the tuition waiver program for children of service-injured veterans attending a California Community College (CCC), California State University (CSU) or University of California (UC) campus.

REGISTERED SUPPORT / OPPOSITION:

Support

Amvets, Department of California

California Council of Chapters Military Officers Association of America

California State Association of Counties

Military Officers Association of America, California Council of Chapters

Opposition

None on file.

Analysis Prepared by: Christian Burkin / M. & V.A. / (916) 319-3550