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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