Section 137A: National guard family education program
Section 137A. (a) For the purposes of this section the following words shall, unless the context clearly requires otherwise, have the following meanings:
''Availability of seats'', vacancies that exist in a course after the enrollment of all tuition-paying students and all students who are enrolled under any scholarship or tuition waiver provisions.
''Dependents'', immediate family members of a member who are enrolled in the Defense Enrollment Eligibility Reporting System in connection with the member.
''Member'', a Massachusetts army or air national guard member eligible pursuant to subsection (d).
(b) There shall be a Massachusetts national guard family education program. The program shall be administered by the military division and shall allow qualified members pursuant to subsection (d) to transfer tuition benefits pursuant to section 137 to their dependents.
(c)(1) The Massachusetts national guard family education program may issue a certificate of exemption from the matriculation fee and tuition to specified dependents of members enrolled in a program at any public institution of higher education listed under section 5 of chapter 15A who are qualified as provided in this section, the cost of which shall be borne by the commonwealth. The credit total of tuition benefits shall not exceed 130 semester hours per member, including hours transferred to a member's dependents.
(2) The military division shall maintain a record of tuition and fee credit totals of each member, including semester hours per member.
(3) Dependents shall use their specified credit allotment within 10 years of member separation from service or by the age of 26, whichever date is later.
(d) Unless a member has more than 20 years of military service, to be eligible for the program the member shall: (i) extend their current service obligation or reenlist for national guard education assistance program benefits pursuant to section 137 after completing their initial 6–year military service obligation to the Massachusetts army or air national guard; (ii) be eligible to serve an additional 6–year enlistment from the date of extension or reenlistment; (iii) be in good standing and a satisfactory participant in the Massachusetts army or air national guard; and (iv) have not previously used the maximum tuition benefits pursuant to section 137.
(e) Members may split their national guard education assistance program tuition benefits, pursuant to section 137, between dependents. The combined total of semester hours for members and their dependents shall not exceed 130 semester hours total.
(f) Enrollment of a dependent in a course at any public institution of higher education shall be subject to the availability of seats.