New Jersey-2014-S1963-Amended

An Act providing for an increase to the allowance paid to veterans with certain wartime service-connected disabilities, and amending R.S.38:18-2, R.S.38:18-3, and P.L.1947, c.263.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

¹1. R.S.38:18-1 is amended to read as follows:

38:18-1. As used in this chapter the word ["soldier"] "veteran" means and includes any officer, soldier, sailor, marine, airman, nurse or any other person, male or female, regularly enlisted or inducted, who was or shall have been a part of the military or naval forces of the United States, and who took part in any war in which the United States was engaged, or who took part or shall have taken part in the present wars with the governments of Japan, Germany and Italy, or any of them, including any member of the American Merchant Marine who is declared by the United States Department of Defense to be eligible for federal veterans' benefits, or who served or shall have served in the active military or naval service of the United States in time of emergency as herein defined, and who was a resident of this State at the time he was or shall be commissioned, enlisted, inducted, appointed or mustered into the military or naval service of the United States, and who has been or shall have been given an honorable or ordinary discharge or release therefrom, and continues to be a resident of this State.

As used herein the term "in time of emergency" shall mean and include any time after June 23, 1950, and on or prior to January 31, 1955.¹

(cf: P.L.1991, c.389, s.13)

¹[1.] 2.¹ R.S.38:18-2 is amended to read as follows:

38:18-2. A [soldier] veteran, who has sustained a total loss of sight as a result of his service during any of the wars mentioned in section 1 of this chapter, shall be paid for the term of his life, and upon his death his surviving spouse shall be paid, provided that the soldier or surviving spouse shall continue as a resident of this State, the sum of [$750.00] $1,200 annually, in monthly payments. Such payments shall be due and payable from the date of discharge or release of the [soldier] veteran if application therefor shall be made within one year from the date of such discharge or release. If the application shall be made one year from the date of discharge or release of the [soldier] veteran such payments shall be due and payable from the date of such application. Accrued payments to the
date of certification shall be paid in one lump sum.

(cf: P.L.1985, c.116, s.1)

¹[2.] 3.¹ R.S.38:18-3 is amended to read as follows:

38:18-3. Evidence of the service and disability mentioned in this chapter shall be furnished to the Division of Veterans ¹[Programs] Services¹ in the Department of [Economic Development] Military and Veterans Affairs, which shall examine the same and upon being satisfied that the service was performed and the soldier has been rendered totally blind as a result thereof, shall so certify to the [State Comptroller] Director of the Division of Budget and Accounting in the Department of the Treasury who shall, upon receipt thereof, draw [his] a warrant on the State Treasurer in favor of the applicant in a bulk sum for any accrued payments and in the sum of [$750.00] $1,200 annually as provided in R.S.38:18-2, which the State Treasurer shall pay out of the money appropriated therefor by the Legislature.

(cf: P.L.1971, c.329, s.2)

¹4. R.S.38:18-4 is amended to read as follows:

38:18-4. Any [soldier] veteran or surviving spouse receiving compensation pursuant to the provisions of R.S. 38:18-1 et seq. and who is required to, and who does, move without the State for reasons of health or employment shall notwithstanding such nonresidence be entitled to continue to receive such compensation. In the event such [soldier] veteran or surviving spouse becomes entitled to compensation from the state to which he moves pursuant to an act of such state substantially similar to this act and the act to which this act is a supplement, such compensation shall immediately cease, unless such [soldier] veteran or surviving spouse shall elect to receive such compensation to the exclusion of the compensation of the state to which he moves.¹

(cf: P.L.1985, c. 116, s. 2)

¹[3.] 5.¹ Section 2 of P.L.1947, c.263 (C.38:18A-2) is amended to read as follows:

2. A veteran who served in the active military or naval forces of the United States and who is suffering from paraplegia and has permanent paralysis of both legs and lower parts of the body, or who is suffering from osteochondritis and has permanent loss of the use of both legs, or who is suffering from hemiplegia and has permanent paralysis of one leg and one arm or either side of the body, resulting from injury to the spinal cord, skeletal structure, or brain or who has suffered amputation of both hands, both feet or one hand and one foot, or who has lost the use of both feet or both legs, due to multiple sclerosis, sustained through enemy action, or accident, or resulting from disease contracted while in such active military or naval service, shall be paid for the term of his life, and upon his death his surviving spouse shall be paid, the sum of [$750.00]] $1,200 annually in monthly payments. Such payments shall be due and payable from the date of discharge or release of the [soldier] veteran if application therefor shall be made within one year from the date of such discharge or release. If the application shall be made after one year from the date of discharge or release of the [soldier] veteran, such payment shall be due and payable from the date of such application. Accrued payments to the date of certification shall be paid in one lump sum.

Nothing in this act shall be intended to include paraplegia or hemiplegia resulting from locomotor ataxia or other forms of syphilis of the central nervous system or from chronic alcoholism, or to include other forms of disease resulting from the veteran's own misconduct which may produce signs and symptoms similar to those resulting from paraplegia, osteochondritis, hemiplegia or multiple sclerosis.

(cf: P.L.1985, c.116, s.3)

¹[4.] 6.¹ Section 3 of P.L.1947, c.263 (C.38:18A-3) is amended to read as follows:

3. Evidence of the service and disability mentioned in this act shall be furnished to the Division of [Veterans' Services] Veterans ¹[Programs] Services¹ of the Department of [Human Services] Military and Veterans Affairs, which shall examine the same and upon being satisfied that the service was performed and the veteran has been rendered permanently paralyzed or has permanently lost the use of both legs, or has suffered amputation, as defined in section 2 of this act, shall so certify to the Director of the Division of Budget and Accounting in the Department of the Treasury, who shall, upon receipt thereof, draw [his] a warrant on the State Treasurer in favor of the applicant in the sum of [$750.00] $1,200 annually as provided in section 2 of P.L.1947, c.263 (C.38:18A-2), which the State Treasurer shall pay out of the money appropriated therefor by the Legislature.

(cf: P.L.1981, c.424, s.3)

¹[5.] 7.¹ This act shall take effect immediately, and shall be applicable to payments payable on or after the first day of the second month following enactment.