SECTIONS 12400 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 12400

12400. (a) Notwithstanding any other provision of law, any person
receiving benefits under Section 12200 on December 14, 1999, and who
meets the requirements of subdivision (b) shall be eligible to
receive benefits under this chapter although he or she does not
retain a residence in the state and returns to the Republic of the
Philippines, if he or she maintains a permanent residence in the
Republic of the Philippines without any lapse of his or her presence
in the Republic of the Philippines for a period of more than 30
consecutive days in any period of 12 months and without a lapse of
his or her presence in the Republic of the Philippines for two
periods of 30 consecutive days during a period of three years.
(b) A person subject to subdivision (a) shall be eligible to
receive benefits pursuant to this chapter if he or she was receiving
benefits pursuant to subdivision (a), (b), (c), or (d) of Section
12200 on December 14, 1999, and meets both the following
requirements:
(1) He or she is a veteran of World War II.
(2) He or she was a member of the Government of the Commonwealth
of the Philippines military forces who was in the service of the
United States on July 31, 1941, or thereafter.
(c) Benefits under this chapter shall be calculated the same as
those benefits paid under subdivision (a), (b), (c), or (d) of
Section 12200, as appropriate.
(d) Benefits paid under this chapter shall be in lieu of benefits
paid under Section 12200 or any other provision of Article 1
(commencing with Section 12000) of Chapter 3 for the period for which
the benefits are paid.
(e) Benefits shall be paid under this chapter for any period
during which the recipient is eligible to receive benefits under
Title 8 of the federal Social Security Act as a result of the
application of federal Public Law 106-169, subject to any limitations
imposed by this section.
(f) This section shall apply only to any individual who returns to
the Republic of the Philippines for the period during which the
individual establishes and maintains a residence in the Republic of
the Philippines and shall cease to apply to any individual who, after
receiving benefits pursuant to this section, leaves the Republic of
the Philippines and establishes a residence outside the Republic of
the Philippines.
(g) To assist the state in administering this chapter, the
Secretary of the California Health and Human Services Agency shall
seek an agreement with the federal government to administer this
chapter in conjunction with benefits under Title 8 of the federal
Social Security Act.