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40.400 Definitions for KRS 40.410 to 40.560.
As used in KRS 40.410 to 40.560, the following terms have the following respective
meanings, unless another meaning is clearly required by the context:
(1) "Department of Military Affairs" means the office of the adjutant general,
Commonwealth of Kentucky;
(2) "Administrator" means the individual designated by the adjutant general to carry out
the responsibilities of KRS 40.410 to 40.560;
(3) "Armed Forces" means the United States Army, Navy, Marine Corps, Air Force,
and Coast Guard, including the reserve components thereof on active duty, other
than for training, and shall not include the merchant marine;
(4) "Qualified veteran" means any person whose period of active duty service meets the
criteria set forth in subsection (5) or (6) of this section;
(5) "Qualifying Vietnam service" means service by any person who:
(a) Served as a member of the Armed Forces of the United States in Vietnam or
its contiguous waters or airspace, as defined in United States Department of
Defense Directive 1348.15, October 1, 1965, for a period of at least thirty (30)
days, unless such period was lessened as a result of death or medical
evacuation, during the period July 1, 1958, through May 15, 1975; or served
as a member of the Armed Forces of the United States in the Dominican
Republic, Congo, Thailand, Laos, or Cambodia, or participated in aerial
missions in the airspace over same, for a period of at least thirty (30) days,
unless such period was lessened as a result of death or medical evacuation,
during the period July 3, 1965, through May 15, 1975; or served as a member
of the Armed Forces of the United States and was awarded, or was eligible for
award of, the Vietnam Service Medal established by United States Department
of Defense Directive 1348.15, October 1, 1965;
(b) Was released, separated, or discharged from the Armed Forces under other
than dishonorable conditions or who is presently serving on active duty;
(c) Was a resident of the Commonwealth at the time of entry into active service in
the Armed Forces and for at least six (6) months prior thereto; and
(d) Has not received a similar bonus for such service from any other state;
(6) "Qualifying Vietnam era service" means service by any person who:
(a) Served in the Armed Forces of the United States on active duty, including
service in a reserve component thereof other than for training, for at least
ninety (90) consecutive days, exclusive of time lost as AWOL or in penal
confinement, during the period August 5, 1964, to May 15, 1975, but whose
service was in a location not included in subsection (5)(a) of this section;
(b) Was released, separated, or discharged from the Armed Forces under other
than dishonorable conditions or is still serving on active duty;
(c) Was a resident of the Commonwealth at the time of his entry into active
service in the Armed Forces and for at least six (6) months prior thereto; and
(d) Has not received a similar bonus for such service from any other state;
(7)
"Resident of the Commonwealth at the time of entry into the active service" means
any person who gave the Commonwealth of Kentucky, or any specific place in this
Commonwealth, as his place of residence at the time of entry. Conclusive and
exclusive evidence of the giving of place of residence shall be the official records
on file in the Department of Defense of the United States, or any official record
thereof in the files of the Veterans Administration of the United States; but if it be
shown to the satisfaction of the administrator that for any reason no such record was
made, or that it has been lost, misplaced, destroyed, or was in error, or that an
authenticated copy thereof cannot be obtained within a reasonable time, other
evidence of bona fide residence may be accepted if deemed sufficient by the
administrator;
(8) "Resident," in any context other than as in subsections (5) and (6) of this section,
means a legal resident as determined by generally established principles of law, as
may be defined, and subject to proof, according to the regulations the administrator
promulgates;
(9) "Beneficiary" means the following persons who were alive at the time of
application, in this order: widow, if none to the child or children equally, if none to
the mother and father equally, but if the father is dead, the mother, if living, shall
take the whole amount; but if the mother is dead, the father, if living, shall take the
whole amount;
(10) (a) "Widow" means a woman who was the wife of a qualified veteran at the time
of his death;
(b) The term "widow" also includes "widower" in the case of a man who was the
husband of a female qualified veteran at the time of her death;
(11) "Child" means a person:
(a) Who is under the age of eighteen (18) at the time application is made or who
was under the age of eighteen (18) at the time of the veteran's death;
(b) Who, before attaining the age of eighteen (18), became permanently incapable
of self-support; or
(c) Who, after attaining the age of eighteen (18) and until completion of
education or training, but not after attaining the age of twenty-three (23), is
pursuing a course of instruction at a bona fide educational institution; and
who, in relationship to the veteran, is a legitimate child; a legally adopted
child; a stepchild who is a member of a qualified veteran's household or was a
member at the time of the veteran's death; or an illegitimate child, but, as to
the alleged father, only if acknowledged in writing signed by him or if he had,
before his death, been judicially decreed to be the father of such child;
(12) "Mother" means a mother, a mother through adoption, or a woman who for a period
of not less than one (1) year stood in the relationship of a mother to a qualified
veteran before his or her entry into active service in the Armed Forces, or if two (2)
persons stood in such relationship for one (1) year or more, the person who last
stood in such relationship before the veteran's last entry into active service in the
Armed Forces;
(13) "Father" means a father, a father through adoption, or a man who for a period of not
less than one (1) year stood in the relationship of a father to a qualified veteran
before his or her entry into active service in the Armed Forces, or if two (2) persons
stood in such relationship for one (1) year or more, the person who last stood in
such relationship before the veteran's last entry into active service in the Armed
Forces;
(14) "In the continental United States" means any place in the District of Columbia and
the states of the United States which are on the North American continent,
exclusive of Alaska;
(15) "Outside the continental United States" means any place elsewhere than as defined
in subsection (14) of this section;
(16) "Bonus" and "Vietnam veterans' bonus" mean the compensation authorized by KRS
40.410 to 40.560;
(17) "Bonus claim" means a claim or potential claim for a Vietnam veterans' bonus; and
(18) "Claimant" means one who seeks to obtain payment of a bonus claim.
Effective: March 1, 1991
History: Amended 1991 (1st Extra. Sess.) Ky. Acts ch. 16, sec. 1, effective March 1,
1991. -- Created 1988 (1st Extra. Sess.) Ky. Acts ch. 6, sec. 2.
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