§ 5.41. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context already indicates otherwise:
Act—Title 51 of the Pennsylvania Consolidated Statutes § 7702 (relating to paralyzed veterans’ pension).
Bureau—The Bureau for Veterans’ Affairs of the Commonwealth.
Department—The Department of Military Affairs of the Commonwealth.
Extremities—The limbs of a human body, such as the arms and hands or legs and feet. The term does not include fingers and toes.
Loss of use—A person is deemed to have lost the use of limbs when the person’s balance, propulsion or manipulation is affected so as to permanently preclude locomotion or use of the arms and hands without the aid of braces, crutches, canes, wheelchairs or other devices.
Military or naval forces of the United States—The United States Army, Navy, Air Force, Marine Corps and Coast Guard, and members of the reserve components and forces thereof including the Army and Air National Guard, when they are in a military duty status.
Paralyzed veteran—A person who served in the military or naval forces of the United States, or a women’s organization officially connected therewith, during established war or armed conflict service dates, who gave the Commonwealth as the person’s place of residence at the time of entry into military service and who is currently a resident of Pennsylvania and who, while performing duties connected with military or naval service, suffered an injury or incurred a disease which resulted in the loss of, or loss of use of, two or more extremities. The term does not include persons separated from the military or naval forces or women’s organizations officially connected therewith under other than honorable conditions. The term includes persons who are paralyzed as a result of peacetime combat-related actions as defined in this section.
Peacetime combat-related action—A military action resulting in casualties to members of the military or naval forces or officially connected women’s organizations of the United States during periods other than established war or armed conflict service dates when one of the following events take place:(i) American armed forces are engaged in hostilities or exchange fire with the armed forces of a foreign state or terrorists.
(ii) American armed forces are engaged in operational activities incident to engagements with the armed forces of a foreign state or terrorists.
(iii) American armed forces are the targets or victims of hostile fire or terrorist attack.
Terrorist attack—An act of violence, including bombings, kidnappings, shootings and assaults, perpetrated by individuals or groups against members of the military or naval forces of the United States for political, anarchist or other motives.
War or armed conflict service dates—Periods of war or armed conflict, including the Spanish-American War, the Mexican border period, World War I, World War II, the Korean Conflict, the Vietnam Era and periods beginning on the date of a future declaration of war by Congress and ending on the date prescribed by Presidential proclamation or concurrent resolution, as well as dates established by Federal statute or 38 CFR (relating to pensions, bonuses and veterans’ relief) as being periods of war or armed conflict.
Women’s organization officially-connected with the military or naval forces—An organization for females that is affiliated with the Armed Forces and whose members are recognized as veterans by the United States Veterans Administration.
Cross References This section cited in 43 Pa. Code § 5.44 (relating to criteria and procedure for determination of peacetime combat-related actions).
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