58-1-705 - Use of trust fund moneys. - Tennessee Statutes

58-1-705. Use of trust fund moneys.

(a)  During active duty of a regular member of the United States armed forces deployed outside the United States who names Tennessee as home of record for military purposes, or any federal active duty member of a state national guard or a reserve component who names Tennessee as home of record for military purposes, and for ninety (90) days following the end of deployment outside the United States or deactivation, as appropriate, trust fund moneys shall be used to support:

     (1)  The person who names Tennessee home of record for military purposes;

     (2)  The person's Tennessee resident spouse; and

     (3)  The person's dependent or dependents.

(b)  An application for a trust fund grant may be filed by the member who names Tennessee as home of record for military purposes, the member's Tennessee resident spouse, or the member's children's parent or guardian. The application shall be accompanied by an appropriate authorization to access personnel information contained in the military database defense enrollment reporting system for verification purposes.

(c)  Subject to the availability of trust fund moneys, the adjutant general shall award a grant to an applicant, if that person's application is need-based, and the amount of the grant does not exceed the dollar cap established by the board through the promulgation of rules and regulations. An application shall be need-based, if:

     (1)  Funds are requested for necessary expenses incurred, or to be incurred. Necessary expenses shall include, but not be limited to:

          (A)  Housing;

          (B)  Utilities;

          (C)  Groceries;

          (D)  Health insurance copays; and

          (E)  Child care;

     (2)  The necessary expenses created, or will create, an undue hardship on a person referred to in subsection (a);

     (3)  The undue hardship is directly related to the member's deployment outside the United States or federal active duty, as appropriate;

     (4)  The applicant does not have reasonable access to any other funding source, whether public or private; and

     (5)  The military family assistance trust fund is the last resort for the applicant.

(d)  (1)  The adjutant general shall award or decline to award a grant within sixty (60) days of receiving an application.

     (2)  If the adjutant general awards or declines to award a grant, the adjutant general shall state in writing the reason for the decision and keep the writing on file.

     (3)  If the adjutant general declines to award a grant, the adjutant general shall provide the applicant with a copy of the writing required by subdivision (d)(2). In addition, if the adjutant general declines to award a grant due to the lack of availability of public or private funds, the adjutant general shall identify sources of available funds for the applicant and provide assistance with regard to seeking funds from that source.

     (4)  If the adjutant general declines to award a grant, an applicant may file a written request to the military family assistance trust fund board asking that the entire board review the application.

[Acts 2006, ch. 914, § 1.]