2009 North Dakota Code
37 Military
37-27 War and Armed Conflict Veterans' Compensation
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CHAPTER 37-27
WAR AND ARMED CONFLICT VETERANS' COMPENSATION
37-27-01. Definitions. As used in this chapter:
1.
"Adjutant general" means the adjutant general of North Dakota.
2.
"Beneficiary" in relation to a deceased veteran, means, in the order named:
a.
The surviving unremarried spouse as of the date of signing the application;
b.
The surviving child or children and the lawful issue of a deceased child or<br>children by representation;
c.
The surviving person standing in loco parentis; or
d.
The surviving parent or parents.
3.
"Honorable and faithful" means service evidenced by:
a.
An honorable discharge, or its equivalent;
b.
In the case of an officer, a certificate of service; and
c.
In the case of a veteran who has not been discharged, a certificate from the<br>appropriate service authority that the veteran's service was honorable and<br>faithful.
4.
"Period of service" means:
a.
For the Persian Gulf War, the period of time beginning August 2, 1990, and<br>ending June 30, 1993;
b.
For the Grenada armed conflict, the period of time beginning October 23, 1983,<br>and ending November 21, 1983;
c.
For the Lebanon armed conflict, the period of time beginning June 1, 1983, and<br>ending August 1, 1984; or
d.
For the Panama armed conflict, the period of time beginning December 20,<br>1989, and ending January 30, 1990.
5.
"Qualifying service" means service by a veteran during a period of service anywhere<br>in a theatre or area of armed conflict as evidenced by award of an armed forces<br>expeditionary medal or other campaign service medal.
6.
"Resident" means a person who has filed a resident North Dakota income tax return<br>for the year prior to May 3, 1993, and who:
a.
Was born in and lived in North Dakota until entrance into the armed forces of<br>the United States;
b.
Was born in, but was temporarily living outside North Dakota, not having<br>abandoned North Dakota residence at the time of entrance into the armed<br>forces of the United States;
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c.
Was born elsewhere but had resided in North Dakota for the last twelve months<br>before entrance into military service and had prior to or during that<br>twelve-month period:
(1)
Voted in North Dakota;
(2)
Was an emancipated minor during the period of residence or had lived<br>with a parent or person standing in loco parentis who was a resident; or
(3)
Was not registered for voting in another state after being a resident; or
d.
Was a bona fide resident of North Dakota at the time of entering the armed<br>forces, as determined under the rules of the adjutant general and the laws of<br>this state.
A person is not a resident of North Dakota for the purpose of
receiving any benefits under this chapter if the person was on continuous active<br>duty in the armed forces for a period of seven years or more, immediately prior<br>to the qualifying period of service, and has not established actual abode in<br>North Dakota prior to May 3, 1993.
7.
"Theatre or area of armed conflict" means any area the president designated a<br>combat zone by executive order for the Persian Gulf War or the Grenada, Lebanon,<br>or Panama armed conflicts.
8.
"Veteran" means a member of the regular active duty armed forces of the United<br>States who performed honorable and faithful service at any time during a period of<br>service in the theatre or area of armed conflict, who was a resident of North Dakota,<br>and who has not received a bonus or adjusted compensation from another state for<br>the same period of service.
37-27-02. Payment of adjusted compensation for service. Each veteran is entitled to
one hundred dollars for each month or any part of a month for qualifying service. The total<br>compensation paid to any veteran for qualifying service under this chapter may not exceed one<br>thousand dollars, except as provided in this section and section 37-27-03. If the veteran received<br>a purple heart for qualifying service, the veteran is entitled to a payment of two thousand five<br>hundred dollars in lieu of monthly payments for adjusted compensation.
If the veteran is
deceased, the veteran's beneficiary is entitled to any payments under this chapter to which the<br>veteran would have been entitled.
Applications may be filed with the adjutant general after
July 1, 1993, but not later than December 31, 1994.
37-27-03. Payment to beneficiary of veteran who died in active service. In the case
of a veteran who died as a result of qualifying service during a period of service or who died while<br>on orders to or from the Persian Gulf theatre or the Grenada, Lebanon, or Panama areas of<br>armed conflict during a period of service, the beneficiary of the veteran is entitled to a payment of<br>two thousand five hundred dollars in lieu of any other compensation under this chapter.
37-27-04. Application. Each veteran or veteran's beneficiary entitled to payment under
this chapter shall make application to the adjutant general upon a form prescribed by the adjutant<br>general. If the veteran is incompetent or the veteran's beneficiary is incompetent or a minor,<br>application may be made by the guardian of the veteran or beneficiary, and if there is no<br>guardian, the person determined by the adjutant general to have assumed the major<br>responsibility for the care of the veteran or beneficiary and to be a proper person to receive<br>payment for the veteran or beneficiary may make the application. If a veteran is hospitalized in a<br>state, county, or federal institution and no application has been approved by the adjutant general,<br>the person in charge of the institution may make the application with the approval of the adjutant<br>general. For the purposes of this section, the word "minor" does not include the unremarried<br>spouse of a veteran. Each application must be accompanied by a certified copy of honorable<br>discharge or other evidence of honorable and faithful qualifying service. Each application must<br>be subscribed and sworn to by the applicant in the manner prescribed by the adjutant general.
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37-27-05. Method of payment - Deduction of sums due veterans' aid fund. Upon
submission of satisfactory proof that the applicant is entitled to payment under this chapter, the<br>adjutant general shall compute the amount of payment due the applicant, make a record thereof,<br>and forward a voucher for the payment to the office of management and budget, which shall<br>cause the warrant-check to be issued for the amount of the claim. Payment must be made from<br>funds appropriated by the legislative assembly. If the veteran or the applicant for payment under<br>this chapter is indebted to the veterans' aid fund of the state of North Dakota, the adjutant<br>general shall determine the amount of the indebtedness and certify the determination to the<br>office of management and budget together with the record of payment due. Within the limits of<br>the payment due, the amount of the indebtedness must be paid to the veterans' aid fund and the<br>applicant must be paid any remainder to which the veteran is entitled.
37-27-06. Payments exempt from taxation and from execution - Assignments void -
Debts to state and political subdivisions not deducted. Payments under this chapter are<br>exempt from all state and local taxes, including an income tax liability determined under section<br>57-38-30.3, and from levy, garnishment, attachment, and sale on execution.
Any pledge,
mortgage, sale, assignment, or transfer of any right, claim, or interest in any claim or payment<br>under this chapter is void and payment to the veteran may not be denied because of any sums<br>owed to the state or any political subdivisions, except as provided in section 37-27-05.
37-27-07. Duty of adjutant general - Finality of decisions - Questions of residence
subject to court review.
The adjutant general shall administer this chapter.
The adjutant
general shall prepare and distribute application blanks and investigate all claims and applications<br>filed. If the adjutant general is satisfied of the proof of a claim and application, the adjutant<br>general shall approve and direct payment of the claim. The adjutant general may adopt any<br>rules necessary to the efficient administration of this chapter. The necessary documents used in<br>the administration of this chapter shall become a part of the permanent records of the office of<br>the adjutant general. The adjutant general may determine any claim in any case if doubt arises<br>as to the eligibility of an applicant to receive payment and the decision of the adjutant general in<br>such case is final, except on questions of residence which are subject to review by a court of<br>competent jurisdiction. The adjutant general shall authorize payment for prisoners of war upon<br>their release and return.
37-27-08.
Penalty for false statement.
Any person who willfully makes a false
statement in the application for benefits under this chapter is guilty of a class A misdemeanor.
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Document Outline
chapter 37-27 war and armed conflict veterans' compensation
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