Section 112.10  General Purposes

 

The intent and purpose of this Act is to make payment of a bonus to any person who was entitled to compensation under the Korean Veterans Compensation Act but who inadvertently failed to make application within the time prescribed in this Act and who has not since received such compensation through special appropriation.  Such person is entitled to receive this bonus from funds made available to the Department of Veterans' Affairs for such purpose.

 

Section 112.20  Compensation for Active Duty

 

Every person shall receive $100 compensation who served on active duty with the Armed Forces of the United States at any time on or after June 27, 1950, and prior to July 27, 1953, and at the time of entering such service:

 

a)         Had been a resident of the State of Illinois for at least 12 months immediately preceding such entry.

 

b)         Is honorably separated or discharged from such service, is still in active service, has been retired or has been furloughed to a reserve.

 

c)         Has received the Korean Service Medal.

 

Section 112.30  Compensation to Survivors of Veteran

 

The widow or widower, child or children, mother, father, person standing in loco parentis, brothers and sister, in the order named, of any deceased person shall be paid the compensation that such deceased person would be entitled, if living, or if person died as a result of serving in the armed forces of the United States on or after June 27, 1950, and prior to July 27, 1953, and his death was service-connected and such service-connected cause of death arose prior to July 27, 1953, and death occurred prior to January 1, 1955, his survivors as hereinbefore designated and in the order named shall be paid $1,000.

 

Section 112.40  Certification of Death of Serviceman While in Service

 

If death of serviceman occurred while in service, a certified copy of the letter from the Armed Forces concerned to the next of kin must be submitted.

 

Section 112.50  Certification of Death Resulting From Service-Connected Disability

 

If death resulted from a service-connected disability incurred in the area for which a Korean Service Medal was awarded and death occurred prior to January 1, 1955, a certified copy of the death certificate must be furnished. Evidence must establish that such disability was either the principle or contributory cause of death.

 

Section 112.60  Responsibilities of the Department of Veterans' Affairs

 

The Department of Veterans' Affairs shall make and adapt reasonable rules, not inconsistent with this Act, for expediting the making and processing of applications and the payment of compensation under this Act.

 

Section 112.70  Applications

 

Applications for compensation under this Act must be made to the Department of Veterans' Affairs.  Each application must be supported by a certified copy or notarized photostatic copy of separation from service in the Armed Forces.  All other evidence must be certified true copies or notarized photostatic copies.

 

Section 112.80  Determination of Eligibility for Compensation

 

Eligibility for the award of compensation shall be determined by consideration of the following requirements:

 

a)         Receipt of an application properly executed by a living veteran.

 

b)         Honorable separation as stated on the DD 214 or discharge or honorable service during specified dates if applicant remains in the service.

 

c)         The receipt of the Korean Service Medal.

 

d)         Residency in the State of Illinois at least 12 months immediately preceding entry into service.

 

Section 112.90   Eligibility of Applicant Who Has Continued in Service

 

If applicant has continued in service and has not received a discharge or has not received a document of separation from active duty, a certification signed by the Adjutant or Personnel Officer of the unit in which the applicant is presently serving must be furnished.

 

Section 112.100  Civilian Work

 

No payment shall be made to any person, who though in the service, did civilian work at civilian pay.

 

Section 112.110  Service in the Merchant Marine

 

Service in the Merchant Marine shall not be considered as service in the Armed Forces for the purpose of this Act.

 

Section 112.120  Proof of Death

 

The beneficiary making application for payment of compensation shall furnish the following proof:

 

a)         Husband or Wife making application must prove:

 

1)         Death of person rendering service. (Photostatic or certified copy of official notification of death should be attached.)

 

2)         Marriage of the parties, and that such marriage existed at the time of death of persons through whom claim is made.

 

b)         Child or Children making application must prove:

 

1)         Death of person rendering service. (See (a)(1) of this Section)

 

2)         Marriage of deceased and other parent of Child or Children.

 

3)         That surviving spouse is dead, or was divorced.  (Certified copy of death certificate or divorce decree shall be attached.)

 

c)         Mother, Father making application must prove:

 

1)         Death of person rendering service. (See (a)(1) of this Section)

 

2)         That such person was unmarried, or if married that spouse of such person is dead or was divorced. (See (b)(3) of this Section)

 

3)         That if such person is married there were no children, or if there were children, all are dead.  (Photostatic copy of death certificate must be attached.)

 

4)         If Father is the applicant that Mother is dead.  (Photostatic copy of death certificate must be attached.)

 

5)         That the deceased upon whose service claim is made was the son or daughter of the claimant. (Photostatic copy of birth certificate.)

 

d)         Person Standing in Loco Parentis must prove:

 

            That he or she stood in relation of parent toward the person rendering service and comply with (c)(1) through (5), of this Section, Mother, Father.

 

e)         Brothers or Sisters must prove:

 

1)         See (a)(1), of this Section, Husband or Wife.

 

2)         See (c)(1) through (5), of this Section Mother, Father.

 

3)         That both the Mother and Father of the person rendering service are dead, and that no one stood in relation of parent to the person through whom the claim is made.  (Photostatic copies of death certificates will suffice to prove death; affidavits of responsible persons having knowledge of the facts should be sufficient to show that no one stood in loco parentis toward the deceased veteran.)

 

4)         That relationship of Brother or Sister existed between, the applicant or applicants and person rendering service.  (Affidavits of responsible persons shall accompany the application.)

 

Section 112.130  Establishment of Evidence of Entitlement

 

a)         Evidence of entitlement to payment of the compensation as a survivor of a person killed in the Korean Conflict must be established as listed in Section 112.20.

 

b)         Where a preceding beneficiary fails to file a proper claim for compensation before the final date set by law for accepting applications, succeeding beneficiaries who have properly filed claims before that time may proceed to qualify upon submission of satisfactory proof of eligibility.

 

Section 112.140  Contributory Causes of Death

 

a)         Evidence of contributory causes must be supported by:

 

1)         Statements from the Veterans Administration that such contributory causes have been so established to the satisfaction of the Veterans Administration and dependency compensation awarded.

 

2)         Statements from physicians who have been aware of the nature and degree of the veteran's service-connected disabilities, and

 

3)         Statements from other persons who possess knowledge of this nature.

 

b)         Other service-connected disabilities will not be for consideration.

 

Section 112.150  Remarried Widow

 

A remarried widow or widower of a deceased spouse, who would have been entitled to compensation, if living, is not eligible to receive compensation under this Act if such widow or widower remarried prior to July 1, 1959.

 

Section 112.160  Assignment of Right to Compensation

 

No assignment of any right or claim to compensation under this Act shall be valid and no payment shall be made to any person other than the approved applicant.

 

Section 112.170  Payment to Eligible But Mentally Incompetent Person

 

In the event compensation is payable to a person, eligible but mentally incompetent, the compensation shall be paid to the person who is constituted his or her guardian, committee, curator or conservator by the laws of the state of residence of the incompetent, or otherwise legally vested with the care of the incompetent.

 

Section 112.180  Payment to Chief Officer of Hospital or Institution

 

If there is no such committee, guardian, curator or conservator, payment shall be made to the Chief Officer of any hospital or institution under the supervision or control of the Veterans Administration or under control of any state of the United States in which such incompetent is placed, if such officer is authorized to accept money for the benefit of the incompetent.

 

Section 112.190  Payment

 

Application having been found to meet the requirements of eligibility will be paid amounts indicated in Korean Bonus Act.  No payment will be made to persons who have received from another state a bonus or compensation of a like nature as is provided in the Act.

 

Section 112.200  Disallowed Claims

 

All claims disallowed by the Department of Veterans' Affairs shall not hereafter be reviewed except upon application to the Appeals Board of the Department of Veterans Affairs.  Any claimant whose claim has been denied may request a review by such Board and submit additional evidence if he/she desires.

 

Section 112.210  Definitions of Terms Used

 

The following are definitions of the terms used in this Rule:

 

a)         "Domestic Service" means service within the Continental limits of the United State (excluding Alaska).

 

b)         "Foreign Service" means all other service.

 

c)         "Child or Children". The term child or children shall include all legitimate children and legally adopted children.

 

d)         "Brothers and Sisters". The term brothers and sisters, in addition to its ordinary meaning shall include brothers and sisters of the "whole" blood as well as the "half" blood, having a common parent with the deceased veteran.

 

e)         "Loco Parentis". The term loco parentis shall be limited to a person who stood in the position of a parent and shall not be a corporation or a trust.

 

f)         "Active Service". The term active service shall exclude time lost for Absent Without Leave or Absent on Leave.

 

g)         "Service-connected Deaths". The term service-connected, shall mean incurred in the line of duty as determined by the arm of service.

 

h)         "Mentally Incompetent".  A person found to be incompetent by a court of competent jurisdiction of any state or the District of Columbia or by an adjudication officer of the Veterans Administration.

 

i)          "Korean Service Medal". The DD 214 or discharge will show under item "Decorations, Medals, etc." the award of the "Korean Service Medal" or "Korean Service Ribbon".  If applicant entered active duty before July 27, 1953, and was awarded the Korean Service Medal for service in the Korean Theater after July 27, 1953, he may be paid the Korean Compensation.