Wagner Bill Protects National Guardsmen

HARRISBURG, April 1, 2003 - Today, State Senator Jack Wagner (D- Beechview) introduced legislation designed to protect the loss of life insurance policies for those serving in the Pennsylvania National Guard while called to active duty by the Governor.  Currently, only those military personnel who are called to active duty, either directly by the President of United States or when a request is made to the Governor, are given such protection.

            In 2002, legislation was introduced to Congress that was passed into law which amended the Soldiers and Sailors Civil Relief Act of 1940 that included a provision to prevent an employer from terminating an employees life insurance policy when that employee is called to active duty under order by the President. 

            A loophole in this law exists in that if the Governor orders a state’s National Guard to active duty for more than thirty days, the federal legislation would not cover the protection of their policy.

            “In light of the world in which we live, Governor’s are now realizing that a decision to protect state’s interests may need to made immediately and without waiting for an order or request by the President,” said Wagner, who serves as the Democratic Chair of the Banking and Insurance Committee in the state Senate.  “After the events of September 11^th, 2001, the rules of engaging our National Guardsmen have changed and Governor’s are playing a more active role in Homeland Security.  This legislation will give the men and women called to active duty and their families some much needed peace of mind,” Wagner continued.

            Senator Wagner, a Marine combat Veteran who served in Vietnam, recognized that a loophole existed in the federal law and found that other states such as Virginia, North Dakota, Arkansas and Indiana have proposed and passed similar legislation.

Senator Wagner cited instances where the legislation would be put to use in Pennsylvania including the protection of our airports, highways, Three Mile Island or the Delaware River Port in Philadelphia.

“The job of serving our Country and our Commonwealth through the military comes with it a heroic level of responsibility and risk.  We as a legislative and governing body should be seeking out more ways -- in these difficult times -- to now be more responsible to those who serve and defend us,” Wagner concluded.

Senator Wagner indicated that the legislation was already receiving bi-partisan support and is confident the bill will continue to gain overwhelming and expedient support from the General Assembly as well as the Governor.

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