[ Previous Page] [ Home Page ]
The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 6451 July 17, 1987 COLLEGES AND UNIVERSITIES: Waiver of tuition for eligible children of totally disabled or deceased veterans VETERANS: Eligibility of children of totally disabled or deceased veterans for tuition waiver A person who did not reside in the state at any time between the age of 16 and 22 years is not eligible under MCL 35.111; MSA 4.1331, to receive educational benefits as the child of a totally disabled or deceased veteran. Mr. Frank A. Schmidt, Jr. Director Michigan Veterans Trust Fund Department of Management and Budget Lansing, MI 48909 You have requested my opinion as to whether MCL 35.111; MSA 4.1331, which relates to the education of children of Michigan veterans at state expense, applies to a child who did not reside in the state at any time between the age of 16 and 22 years for reasons of physical or mental disability. 1935 PA 245, MCL 35.111 et seq; MSA 4.1331 et seq, provides educational opportunities for children of certain veterans. MCL 35.111; MSA 4.1331, provides in its entirety: "(1) A person not under 16 and not over 22 years of age who has been a resident of this state for the preceding 12 months, and who is a child of a Michigan veteran who was killed in action or died from other cause during a war or war condition in which the United States has been, is, or may be a participant, or who as a result of service connected illness or injury who has since died or is totally disabled, or who as a result of service connected illness or injury was totally disabled before death from any cause, or who is officially listed by the United States government as missing in action in a foreign country, shall be admitted to and may attend a Michigan state tax supported educational or training institution of a secondary or college grade. "(2) Attendance at Michigan state tax supported institutions under this act shall not exceed 36 months full-time equated education. A person who has his or her education interrupted by military service or a physically or mentally disabling condition or illness certified by a licensed physician, which condition or illness interrupted the person's education for at least 1 month, shall have his or her eligibility extended beyond the age of 22 for a period equal to the time lost due to the disabling condition or illness or military service. A person who, on November 30, 1977, is older than 22 years of age and has previously had his or her education interrupted by a physically or mentally disabling condition or illness for at least 1 month certified by a licensed physician, shall have his or her eligibility extended beyond November 30, 1977, for a period equal to the time lost due to the disabling condition or illness. "(3) A person admitted to a Michigan tax supported institution under this act shall not be required to pay a tuition or any other fee which takes the place of tuition charges during the time in which that person is a student at the Michigan state institution. A person who would otherwise be eligible for educational or training benefits under this section shall not be eligible for the benefits if the person is receiving an educational benefit, scholarship or financial aid from another state." It is clear from a reading of the above-quoted statute that subsection (1) thereof provides the threshold eligibility requirements for those wishing to receive educational benefits established under the Act. The children of certain Michigan veterans, as specifically defined therein, who are between the ages of 16 and 22 years and have resided in Michigan for the 12 months preceding application for admission to a Michigan state tax supported educational training institution of a secondary or college grade, are entitled to admission thereto. Such children are additionally entitled to the waiver of tuition and fees for 36 months of full time education, or until they have attained the age of 22 years, as provided in subsection (3). Subsection (2) of the Act does not expand the threshold eligibility of applicants, but, rather, places limitations upon the maximum duration of the benefits conferred in subsections (1) and (3) of MCL 35.111; MSA 4.1331. Thus, admission to a Michigan state tax supported educational institution and waiver of tuition and fees are limited by subsection (2) to a period not to exceed 36 months of full-time equated education. This 36-month period may be extended, under the circumstances set forth in subsection (2), beyond the time the person has attained the age of 22 years. Such an extension, however, is only permitted when the person's education is interrupted, and only when that interruption is occasioned by a disabling condition or illness or military service. In such case, the extension of time shall be equal to the time lost (period of educational interruption) due to said disabling condition or illness or military service. There is no provision in MCL 35.111; MSA 14.1331, which would except a person who is a child of a Michigan veteran from the 12-month residency requirement because of physical or mental disability. Where language employed in a statute is plain, certain and unambiguous, as it is in this statute, a bare reading thereof suffices and no interpretation is necessary. In Owendale-Gagetown School Dist v. State Bd of Education, 413 Mich 1, 8; 317 NW2d 529 (1980), the Michigan Supreme Court observed: "[T]he Legislature must be presumed to have intended the meaning expressed by the language it has chosen. When that language is clear and unambiguous, no further interpretation is necessary. Dussia v Monroe County Employees Retirement System, 386 Mich 244; 191 NW2d 307 (1971); City of Grand Rapids v Crocker, 219 Mich 178; 189 NW 221 (1922)." It is clear, therefore, that benefits under this Act may not, consonant with the express provisions contained therein, be claimed subsequent to the expiration of the initial eligibility requirements, i.e., Michigan residency for 12 months preceding application by a child of certain veterans between 16 and 22 years of age, and are not extended by the provisions of subsection (2) of MCL 35.111; MSA 4.1331, so as to permit initial application for benefits after age 22. Such an interpretation would render that portion of subsection (2) of MCL 35.111; MSA 4.1331, relating to a person having their "education interrupted" meaningless. Such a construction is inappropriate. The general rule of statutory construction requires that every word, phrase, clause and sentence of a statute be construed to be given force and effect, and not to be rendered nugatory. Chrysler Corp v. Washington, 52 Mich App 229; 217 NW2d 66 (1974), lv den, 399 Mich 859 (1977). It is my opinion, therefore, that a person who did not reside in the state at any time between the age of 16 and 22 years is not eligible under MCL 35.111; MSA 4.1331, to receive educational benefits as the child of a totally disabled or deceased veteran. Frank J. Kelley Attorney General
[ Previous Page] [ Home Page ]