Bill Text: MI SB0290 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Veterans; benefits; service bonus for certain Vietnam veterans; expand eligibility. Amends secs. 2, 7 & 11 of 1974 PA 370 (MCL 35.1022 et seq.).

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2015-04-23 - Referred To Committee On Veterans, Military Affairs And Homeland Security [SB0290 Detail]

Download: Michigan-2015-SB0290-Introduced.html

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SENATE BILL No. 290

 

 

April 23, 2015, Introduced by Senators GREGORY, BRANDENBURG, BIEDA, HERTEL, NOFS, GREEN, JOHNSON, ANANICH, STAMAS, KNEZEK, SCHMIDT, ROCCA, HOPGOOD, YOUNG, HOOD, BOOHER, KOWALL and SMITH and referred to the Committee on Veterans, Military Affairs and Homeland Security.

 

 

     A bill to amend 1974 PA 370, entitled

 

"Vietnam veteran era bonus act,"

 

by amending sections 2, 7, and 11 (MCL 35.1022, 35.1027, and

 

35.1031), sections 2 and 11 as amended by 1980 PA 194.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. As used in this act:

 

     (a) "Period of service" means that includes both of the

 

following:

 

     (i) That period of time between 12:01 a.m., January 1, 1961 ,

 

and 12:01 a.m., September 1, 1973.

 

     (ii) That period of time between 12:01 a.m., September 1, 1973

 

and 12:01 a.m., May 7, 1975.

 

     (b) "Veteran" means a person who completed not less than 190

 

days of honorable service or is listed as missing in action or died

 

during the period of service from service-connected causes in the

 

army, air, naval, marine, or coast guard forces of the United

 

States including the auxiliary branches, was a resident of this

 

state for not less than 6 months before entering the service or,

 

while on active duty, was a resident of this state for not less

 

than 6 months immediately before January 1, 1961, and has not

 

applied for and received similar benefits from another state for

 

the same period of service. The 190 days required active duty does

 

not include a period when assigned full time by the armed forces to

 

a civilian institution for a course substantially the same as a

 

course offered to civilians; or a period served as a cadet or

 

midshipman at a service academy, active duty for training in an

 

enlistment in the army or air national guard, or as a reserve for

 

service in the army, navy, air force, marine corps, or coast guard

 

reserve, with the exception of those military personnel who

 

converted to active duty immediately upon completion of the initial

 

active duty for training as evidenced by noninterruption in pay

 

status from that of initial active duty for training to that of

 

active duty. The 190 days' active duty requirement shall not apply

 

to a person who died or who received a medical discharge from

 

active military service due to injuries or disease incurred in the

 

line of duty, as verified by the veterans' records or by the

 

veterans' administration.Veterans' Administration.

 

     (c) "Combat veteran" means a veteran listed as missing in

 

action, or a veteran eligible to wear the Vietnam service medal or

 

the armed forces expeditionary medal if eligibility for the award

 

occurred during the period of service.

 

     (d) "Beneficiary", subject to section 14(2), means in relation

 

to a deceased veteran or a veteran listed as missing in action, the

 

surviving spouse, child or children, or the dependent surviving

 

mother or father in the order named which determination may be made

 

by the probate court of the county of residence of the veteran at

 

the time of death. A surviving parent of a veteran shall be

 

eligible as a dependent of the veteran if that person had a

 

reasonable expectation of support in whole or in part from the

 

veteran and that expectation is stated in the application.

 

     (e) "Honorable service" means that service as evidenced by:

 

     (i) Honorable or general discharge, or separation under

 

honorable conditions.

 

     (ii) In the case of a person who has not been discharged, a

 

certificate from the appropriate service authority that a person

 

did qualify under subparagraph (i) as if the veteran was being

 

discharged or separated.

 

     Time lost while absent without leave, in desertion, in

 

confinement while undergoing the sentence of a court-martial, or

 

time lost while in a nonduty status because of disease contracted

 

through the veteran's own misconduct shall not be construed as

 

honorable service.

 

     (f) "Adjutant general" means the adjutant general of this

 

state.

 

     (g) "Resident" means a person who has acquired a status as

 

follows:

 

     (i) Was born in and lived in this state until entrance into the

 

armed forces of the United States.

 

     (ii) Was born in, but was temporarily living outside this

 

state, not having abandoned residence in this state before entrance

 

into the armed forces of the United States.

 

     (iii) Had resided within this state for at least 6 months

 

immediately before entrance into military service or, while on

 

active duty, was a resident of this state for not less than 6

 

months immediately before January 1, 1961, and had, before or

 

during this 6 months' period:

 

     (A) Registered to vote in this state.

 

     (B) Lived with a parent or person standing in loco parentis

 

who had acquired a residence as set forth in this subdivision,

 

while an unemancipated minor.

 

     (C) If not registered to vote in this state, was not

 

registered to vote in another state, or had not voted in another

 

state within 6 months before entering service or before January 1,

 

1961.

 

     (iv) Information appearing on the discharge documents of the

 

veteran which shows a permanent address for mailing purposes, an

 

address from which employment will be sought, or a home address at

 

time of entry into service in another state, shall not necessarily

 

be construed to mean that the veteran intended to abandon his or

 

her residence in this state for purposes of this act.

 

     Sec. 7. (1) Upon Except as otherwise provided in this

 

subsection, upon submission to the adjutant general of satisfactory

 

proof that the an applicant is entitled to payment under this act,

 

the adjutant general shall compute the amount of payment due the

 

applicant, make a record thereof, of that amount, and transmit the

 

claim for payment directly to the department of treasury for

 

payment. Payment shall be made from the Vietnam veteran era bonus

 

fund. Payment to an applicant based on an application filed under

 

section 11(b) or (c) is subject to an appropriation of funds for

 

that payment. A claim for payment under this act shall is not be

 

assignable , or subject to garnishment, attachment, or levy of

 

execution.

 

     (2) If the proof as to of eligibility for payment submitted by

 

an applicant either with or as a part of the applicant's initial

 

application, or pursuant to a request of the adjutant general after

 

submission of the application, is not satisfactory to the adjutant

 

general, the adjutant general shall reject the claim.

 

     (3) Upon rejection of If a claim is rejected, the adjutant

 

general shall mail to the claimant a notice of the rejection. ; the

 

The notice shall inform the claimant of the claimant's right to

 

file with the adjutant general a request for appeal to the state

 

court of claims within 6 months after the mailing of the notice by

 

the adjutant general mails the notice.

 

     (4) The notice shall also inform the claimant that a failure

 

to file a request for appeal to the court of claims within the

 

stipulated time this 6-month period shall render the determination

 

of the adjutant general final without any further right of claimant

 

to appeal. from same.

 

     (4) (5) The claimant shall have has 6 months from the mailing

 

by after the adjutant general of a mails the notice of rejection in

 

which to appeal to the court of claims. , and upon failure by If

 

the claimant fails to file with the adjutant general a request for

 

appeal to the court of claims within this 6 months' 6-month period,

 

the determination by the adjutant general in the claim shall be is

 

final.

 

     (5) (6) Upon the filing of the If a claimant files a request

 

for appeal to the court of claims, the adjutant general shall

 

immediately certify the entire record of the claim to the court of

 

claims and shall furnish to the court of claims any additional

 

information in , or which that may thereafter come into the

 

adjutant general's possession , or which may be that is requested

 

by the court of claims.

 

     (6) (7) Upon receipt of an order by the court of claims that a

 

claimant whose claim has been so certified as in this act provided

 

is entitled to payment, and upon the order becoming final, the

 

adjutant general shall pay the claim shall be paid in the same

 

manner as provided in this act.

 

     (7) (8) In each case in which If the court of claims enters

 

its order allowing or denying a claim, and upon the order becoming

 

final, the files and records on the for that claim shall be

 

returned by the court of claims to the adjutant general. , to be

 

retained by the The adjutant general shall return the files and

 

records as permanent records.

 

     (8) (9) A person who filed a claim under this act and whose

 

claim was rejected by either the adjutant general or the court of

 

claims solely because of a discharge which that was less than

 

honorable , may file a reapplication for benefits if the discharge

 

which that caused the disqualification for benefits has

 

subsequently been upgraded to a discharge indicating honorable

 

service. The reapplication shall be submitted and processed in the

 

same manner as an initial application.

 

     Sec. 11. An application for benefits under this act shall not

 

be filed or received, except Except for applications under section

 

5(2), after June 30, 1980.an application for a service bonus under

 

this act shall be filed before the following dates:

 

     (a) For a veteran or combat veteran, July 1, 1980 if the

 

veteran or combat veteran met the requirements to receive a service

 

bonus under this act before July 1, 1980.

 

     (b) For a veteran or combat veteran, January 1, 2017 if the

 

veteran or combat veteran did not meet the requirements to receive

 

a service bonus under this act before July 1, 1980, but after the

 

effective date of the amendatory act that added section 2(a)(ii),

 

meets the requirements to receive a service bonus under this act.

 

     (c) For a veteran, January 1, 2017 if all of the following

 

conditions are met:

 

     (i) Before July 1, 1980, the veteran applied for and received a

 

service bonus under section 3(2), which service bonus was less than

 

the maximum amount of $450.00 because the number of months served

 

was originally calculated based on the period of service under

 

section 2(a)(i).

 

     (ii) The veteran had completed additional months of service

 

during the period of service described under section 2(a)(ii), for

 

which the veteran did not receive a service bonus under section

 

3(2).

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.