Text: SF02152 Text: SF02154 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 35A.8, Code 2001, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 5. a. The executive director shall 1 4 provide for the administration of the bonus authorized in this 1 5 subsection. The commission shall adopt rules, pursuant to 1 6 chapter 17A, as necessary to administer this subsection 1 7 including, but not limited to, application procedures, 1 8 investigations, approval or disapproval, and payment of 1 9 claims. 1 10 b. (1) A person who served not less than one hundred 1 11 twenty days on active duty in the armed forces of the United 1 12 States at any time between July 1, 1973, and May 7, 1975, both 1 13 dates inclusive, and who at the time of entering into service 1 14 was a legal resident of this state, and who had maintained the 1 15 residence for a period of at least six months immediately 1 16 before entering into service, and was honorably separated or 1 17 discharged from such service, or is still in active service in 1 18 an honorable status or has retired, or has been furloughed to 1 19 a reserve, or has been placed on inactive status, who earned 1 20 either a Vietnam service medal or an armed forces 1 21 expeditionary medal-Vietnam for service between July 1, 1973, 1 22 and May 7, 1975, both dates inclusive, or can otherwise 1 23 establish service in the Vietnam service area during that 1 24 period, shall be entitled to receive from the military service 1 25 compensation fund seventeen dollars and fifty cents for each 1 26 month that the person was in the Vietnam service area and 1 27 twelve dollars and fifty cents for each month that the person 1 28 was not in the Vietnam service area, not to exceed a total sum 1 29 of five hundred dollars. 1 30 (2) A person who is otherwise qualified under this 1 31 subsection, except that the person did not earn either the 1 32 Vietnam service medal or the armed forces expeditionary medal- 1 33 Vietnam and did not serve in the Vietnam service area, shall 1 34 be entitled to receive from the military service compensation 1 35 fund twelve dollars and fifty cents for each month that the 2 1 person was in active service between July 1, 1973, and May 7, 2 2 1975, both dates inclusive, not to exceed a total of three 2 3 hundred dollars. 2 4 (3) A person is not entitled to compensation pursuant to 2 5 this subsection if the person received a bonus or compensation 2 6 similar to that provided in this subsection from another state 2 7 or similar compensation from this state for military service 2 8 prior to July 1, 1973. 2 9 (4) A person is not entitled to compensation pursuant to 2 10 this subsection if the person was on active duty in the armed 2 11 forces of the United States after July 1, 1973, and the person 2 12 refused on conscientious, political, religious, or other 2 13 grounds, to be subject to military discipline. 2 14 (5) The surviving unremarried widow or widower, child or 2 15 children, mother, father, or person standing in loco parentis, 2 16 in the order named, of a deceased person, shall be paid the 2 17 compensation that the deceased person would be entitled to 2 18 pursuant to this subsection, if living. However, if a person 2 19 dies or has died, or is disabled, from service-connected 2 20 causes incurred during the period and in the area for which 2 21 the person is entitled to receive compensation pursuant to 2 22 this subsection, the person or the first survivor as 2 23 designated by this subsection, and in the order named, shall 2 24 be paid five hundred dollars or three hundred dollars, 2 25 whichever maximum rate the person would have been entitled to 2 26 receive, regardless of the length of the service. 2 27 c. A person who knowingly makes a false statement relating 2 28 to a material fact in supporting an application under this 2 29 subsection is guilty of a serious misdemeanor. A person 2 30 convicted pursuant to this subsection shall forfeit all 2 31 benefits to which the person may have been entitled under this 2 32 subsection. 2 33 d. All payments and allowances made under this subsection 2 34 shall be exempt from taxation and from levy and sale on 2 35 execution. 3 1 e. A military service compensation fund is created in the 3 2 state treasury. The military service compensation fund shall 3 3 consist of all moneys appropriated to the fund. Moneys in the 3 4 military service compensation fund are appropriated to the 3 5 commission to pay the compensation authorized in this 3 6 subsection. Notwithstanding section 12C.7, interest or 3 7 earnings on investments or time deposits of the moneys in the 3 8 military service compensation fund shall be credited to the 3 9 military service compensation fund. Section 8.33 does not 3 10 apply to moneys in the military service compensation fund. 3 11 f. As used in this subsection, "active duty in the armed 3 12 forces of the United States" means full-time duty in the armed 3 13 forces of the United States, excluding active duty for 3 14 training purposes only and excluding any period a person was 3 15 assigned by the armed forces to a civilian institution for a 3 16 course of education or training which was substantially the 3 17 same as established courses offered to civilians, or as a 3 18 cadet or midshipman, however enrolled, at one of the service 3 19 academies. 3 20 Sec. 2. Section 422.7, Code Supplement 2001, is amended by 3 21 adding the following new subsection: 3 22 NEW SUBSECTION. 38. Subtract, to the extent included, 3 23 income received as military service compensation for active 3 24 duty served between July 1, 1973, and May 7, 1975, pursuant to 3 25 section 35A.8, subsection 5. 3 26 EXPLANATION 3 27 This bill provides for military service compensation for 3 28 veterans who served on active duty in the armed forces of the 3 29 United States during the period beginning July 1, 1973, and 3 30 ending May 7, 1975, both in the Vietnam service area and 3 31 outside the Vietnam service area. The bill provides the same 3 32 military service compensation to veterans who served on active 3 33 duty in the armed forces of the United States after the 3 34 original closing date, June 30, 1973, and who earned a Vietnam 3 35 service medal or an armed forces expeditionary medal-Vietnam 4 1 due to extension of the conflict dates by the United States 4 2 Congress to May 7, 1975, as veterans received for active duty 4 3 service between July 1, 1958, and June 30, 1973. 4 4 Veterans receive $17.50 per day for each month of service 4 5 in the Vietnam service area and $12.50 for each month of 4 6 service outside the Vietnam service area, up to a maximum of 4 7 $500. Veterans who served on active duty only outside the 4 8 Vietnam service area receive $12.50 for each month of service, 4 9 up to a maximum of $300. 4 10 The surviving unremarried widow or widower, child or 4 11 children, mother, father, or person standing in loco parentis, 4 12 in the order named, of a deceased person shall be paid the 4 13 compensation that the deceased person would be entitled to 4 14 pursuant to this bill, if living. However, if the person dies 4 15 or has died, or is disabled, from service-connected causes 4 16 incurred during the period and in the area for which the 4 17 person is entitled to receive compensation pursuant to this 4 18 bill, the person or the first survivor as designated by this 4 19 bill, and in the order named, shall be paid $500 or $300, 4 20 whichever maximum rate the person would have been entitled to 4 21 receive, regardless of the length of service. 4 22 The bill creates a military service compensation fund in 4 23 the state treasury. The military service compensation fund 4 24 shall be used to pay the military service compensation to the 4 25 eligible veterans. 4 26 An applicant or other person who knowingly makes a false 4 27 statement relating to a material fact in support of an 4 28 application for compensation is guilty of a serious 4 29 misdemeanor. A serious misdemeanor is punishable by a fine of 4 30 not less than $250 or more than $1,500. The court may also 4 31 order imprisonment not to exceed one year. 4 32 LSB 6032SS 79 4 33 tj/sh/8
Text: SF02152 Text: SF02154 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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