US Laws, Codes, Statutes & Cases

If an eligible person is legally incompetent, payment shall be made to his or her legally appointed representative. If an eligible person dies before payment has been made to him or her, payment shall be made to such person's surviving spouse or, if none, to his or her child or children in equal shares; and if he or she has no surviving spouse or children, then in equal shares to his or her surviving parents. Payment shall not be made to more than 2 parents. Preference shall be given to the parent or parents who actually exercised parental control at the time of or most nearly prior to the date of the qualified person's entry into service. Proof of relationship in loco parentis shall be established by sworn statement of the applicant, together with supporting affidavits of 2 disinterested persons.

Source. 2004, 207:1, eff. June 11, 2004.