SECTIONS 890-899 - California Statutes

MILITARY AND VETERANS CODE

SECTION 890-899

890. As used in this article:
(a) "Veterans" means (1) any person who served in the Army, Navy,
or Marine Corps of the United States and was killed in action or died
as a result of war service in the World War since April 6, 1917; (2)
any member of the Army, Navy, Coast Guard or Marine Corps of the
United States, or any of their auxiliaries, including, but not
limited to, the Philippine Commonwealth Army, the Regular Scouts ("
Old Scouts"), and the Special Philippine Scouts ("New Scouts"), who
was killed in action in World War II on or after December 7, 1941,
and prior to January 1, 1947, or who died at any time as a result of
war service during such period; (3) any member of the armed forces of
the United States who was killed in action during any period of
hostilities in which the United States is engaged, or who died or was
totally disabled at any time as a result of active service during
any such period or during the induction period; or (4) any person
who, at the time of entry into the armed forces of the United States
was a resident of this state and was subsequently declared by the
United States government to be missing in action, captured in the
line of duty by hostile forces, or forcibly detained or interned in
the line of duty by a foreign government or power.
(b) "Dependent of a veteran" means the natural or adopted child of
a veteran, or stepchild of a veteran as defined by the United States
Department of Veterans Affairs for compensation purposes, the
unmarried surviving spouse of a veteran, or the spouse of a totally
disabled veteran.
(c) "Induction period" means (1) the period beginning September
16, 1940, and ending December 6, 1941, and the period beginning
January 1, 1947, and ending June 26, 1950, and (2) the period
beginning on February 1, 1955, and ending on the day before the first
day thereafter on which individuals (other than individuals liable
for induction by reason of a prior deferment) are no longer liable
for induction for training and service into the armed forces under
the Universal Military Training and Service Act.

890.3. (a) (1) Notwithstanding any other provision of law, on or
after January 1, 2001, a claimant is not ineligible for a disabled
veterans' benefit for lack of certification of disability of the
veteran with respect to whom the benefit is sought, if there is a
currently pending application to the United States Department of
Veterans Affairs (USDVA) for certification of disability for that
veteran and the subsequently received certification qualifies the
veteran for the benefit. An entity of state government, or any
political subdivision thereof, to which a claim for a disabled
veterans' benefit is made, shall require the claimant to provide
written verification that an application had been pending with the
USDVA at the time the claim for the disabled veterans' benefit is
submitted.
(2) For purposes of this subdivision, "disabled veterans benefit"
means an exemption, privilege, service, or other legal benefit that
is provided pursuant to law by the state, or a political subdivision
thereof, exclusively to a disabled veteran, or his or her surviving
spouse, parent, or child.
(b) (1) For purposes of applying the disabled veterans' property
tax exemption set forth in Section 205.5 of the Revenue and Taxation
Code, any amount of tax, including any interest or penalty thereon,
levied upon that portion of the assessed value of real property that
would have been exempt if the veteran's pending application for
certification of disability had been finalized, shall be canceled or
refunded if both of the following conditions are met:
(A) The certification is received and is forwarded to the county
assessor.
(B) A return is made as required by Section 277 of the Revenue and
Taxation Code.
(2) Any refund issued pursuant to this subdivision is subject to
the limitations periods for refunds set forth in Section 5096 of the
Revenue and Taxation Code.

891. (a) A dependent of a veteran applying for aid under this
article shall be over 14 years of age or shall have entered the ninth
grade, and shall be a native of or shall have lived in this state
for five of the nine years immediately preceding the date that the
application is filed.
(b) Any dependent of a veteran who has attained eligibility
pursuant to this article while under 21 years of age may continue to
receive the benefits of this article until the needed training is
completed or until he or she attains the age of 27 years, whatever
first occurs.
(c) The eligibility limitations of subdivision (b) shall not apply
to the spouse or dependent widow of a veteran. However, the spouse
or dependent widow of a veteran shall be limited to not more than 48
months, of full-time training, or the equivalent thereof in part-time
training.
(d) Notwithstanding the eligibility limitations of subdivision
(b), a dependent who has honorably served in the Armed Forces of the
United States may be granted an extension of training through the age
of 30 years.
(e) The eligibility limitations of subdivisions (a) and (b) shall
not apply to the dependent of a veteran as defined in paragraph (4)
of subdivision (a) of Section 890.

892. A dependent of a veteran who desires to continue his education
may apply to the department. If in the opinion of the department the
educational needs of the applicant can be satisfactorily met in
educational institutions in this State or elsewhere, the department
shall assume state wardship over the education of the applicant. The
department may provide educational counsel for applicants and assist
them in securing admission to suitable institutions of learning.
Tuition may be paid at private schools only when suitable opportunity
is not available in public or semipublic institutions.

893. The department, insofar as funds permit, may provide:
(a) For the payment of tuition and other fees.
(b) For the monthly payment of an allowance for books, supplies
and living expenses of the student. Qualified applicants may claim
their first monthly allowance upon completion of school registration
and the department is authorized to establish a revolving fund if
necessary to expedite payment.

894. For students of collegiate, community college, business and
trade school rank, the amount expended by the department as an
allowance for living expenses shall not exceed one hundred dollars
($100) per month. Dependents enrolled in the fifth year of any course
requiring five years may be considered to be at the undergraduate
level. For students of high school rank, the amount shall not exceed
fifty dollars ($50) per month during the time the student is in
actual attendance at a day school. Absence during the month on
account of illness shall be included as attendance.

895. For tuition and fees:
(a) The amount expended on account of any one applicant of
undergraduate, collegiate, community college, business, or trade
school rank under this article shall not exceed the maximum rate
authorized for the regular school year under Section 69566 of the
Education Code and not to exceed one-third more for students pursuing
a summer session or full year course.
(b) For students of high school rank, the sum shall not exceed
four hundred fifty dollars ($450) a year for students pursuing a
regular course and five hundred fifty dollars ($550) a year for
students pursuing a summer session or full year course.

896. The department shall consider applications in the order in
which they are received. If the funds available are insufficient to
meet the obligations which would arise from the guardianship of all
worthy applicants, the department shall assume wardship over the
applicants who are most urgently in need of further education, taking
into consideration both scholastic achievement and financial need.

896.1. No dependent of a veteran, as defined in paragraph (1), (2)
or (3) of subdivision (a) of Section 890, shall be eligible to
receive the benefits of this article during the time that he is
entitled to receive federal educational benefits under Chapter 35,
Title 38, United States Code, as amended, or duplicate assistance
from any other government source.

896.3. Upon application to the department by a dependent of a
veteran as defined in paragraph (4) of subdivision (a) of Section
890, the department shall reimburse such person for the costs of
tuition and fees incurred by such person at a public or private
educational institution in the amount provided for in Section 895.

896.4. Any person who is reimbursed by the department for tuition
and fees or on whose account the department has paid tuition and
fees, shall not at the same time be eligible for any other allowances
provided for in this article if, at such time, such person is also
therefor entitled to receive educational assistance under Chapter 35,
Title 38, United States Code, as amended, or duplicate assistance
from any other government source.

898. The sum of three hundred thousand dollars ($300,000) is hereby
annually appropriated from the receipts heretofore or hereafter
collected under the provisions of Chapter 5, Statutes of 1938, or any
other act under which oil royalties are or may be collected, other
than those receipts received from rents, bonuses, and royalties
accruing from the use of state school land, to carry out the purposes
of this article. Such amount shall annually be paid into the General
Fund.

899. The department may, for the purposes of this article, draw
upon its appropriation for educational assistance to veterans under
Section 981 to 981.8 of the Military and Veterans Code.