37-28 Military Operations Adjusted Compensation - North Dakota Statutes

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CHAPTER 37-28MILITARY OPERATIONS ADJUSTED COMPENSATION37-28-01. Statement of public purpose. In order to ease the financial hardships andpersonal and family sacrifice sustained by members of the North Dakota national guard, and
North Dakota residents of the reserve, and active duty component who were mobilized after
December 5, 1992, in support of military operations around the world it is the intent of the
legislative assembly that additional compensation be provided to those resident veterans of North
Dakota and payment of that compensation is declared to be a public purpose. It is the further
intent of the legislative assembly to encourage those North Dakota resident veterans to continue
their voluntary membership in the national guard, reserve component, and active military force.37-28-02. Definitions. As used in this chapter:1."Adjutant general" means the adjutant general of North Dakota.2."Beneficiary" in relation to a deceased veteran, means, in the order named:a.The surviving unremarried husband or wife as of the date of signing the
application;b.The surviving child or children and the lawful issue of a deceased child or
children by right of representation;c.The surviving person standing in loco parentis; ord.The surviving parent or parents.3."Domestic service" means service by a veteran during the period of service which is
not foreign service.4."Foreign service" means service by a veteran after December 5, 1992, for which the
veteran received an armed forces expeditionary medal or campaign badge or
performed service overseas in direct support to the global war on terror.5."Honorable and faithful" means service evidenced by:a.An honorable discharge, or its equivalent;b.In the case of an officer, a certificate of service; andc.In the case of a veteran who has not been discharged, a certificate from the
appropriate service authority that the veteran's service was honorable and
faithful.6."Period of service" means the period of time beginning December 5, 1992, and
ending June 30, 2011.7.a."Resident" means a veteran who was a bona fide resident of the state of North
Dakota at the time of mobilization or, in the case of an active component
member, at the time of deployment for which the member received an
expeditionary medal or campaign badge, as determined under the rules of the
adjutant general and the laws of this state. "Resident" includes all mobilized
members of the North Dakota national guard.b."Veteran" means a member of the national guard or reserve component who
was activated under 10 U.S.C. 12302 and who completed honorable and
faithful service of more than thirty days on active duty in the armed forces of thePage No. 1United States at any time during the period of service, or active component
member awarded the expeditionary medal or campaign badge for service after
December 5, 1992, who was a resident of the state of North Dakota, and who
has not received bonus or adjusted compensation from another state for the
period of service.37-28-03. Payment of adjusted compensation for domestic and foreign service.Each national guard or reserve component resident veteran mobilized stateside is entitled to fifty
dollars for each month or major fraction thereof for domestic service.Each national guard,reserve, or active component resident veteran of foreign service who received the expeditionary
medal or campaign badge is entitled to one hundred dollars for each month or major fraction
thereof. If the veteran received a purple heart for foreign service, the veteran is entitled to a
payment of two thousand five hundred dollars in lieu of monthly payments for adjusted
compensation related to the mobilization during which the purple heart was earned.If theveteran is deceased, the veteran's beneficiary is entitled to any payments under this chapter to
which the veteran would have been entitled. Applications for adjusted compensation may be
filed with the adjutant general through June 30, 2011, or in the case of a soldier mobilized on
June 30, 2011, not later than six months after the end of the mobilization period of service.37-28-04. Payment to beneficiary of veteran who died in active service. In the caseof a veteran who died as a result of active service during the period of service, the beneficiary of
the veteran is entitled to a payment of five thousand dollars in lieu of any other compensation
under this chapter.37-28-05. Application. Each veteran or veteran's beneficiary entitled to payment underthis chapter shall make application to the adjutant general of the state of North Dakota upon a
form prescribed by the adjutant general.If the veteran is incompetent or the veteran'sbeneficiary is incompetent or a minor, application may be made by the guardian of the veteran or
beneficiary, and if there is no guardian, the person determined by the adjutant general to have
assumed the major responsibility for the care of the veteran or beneficiary and to be a proper
person to receive payment for the veteran or beneficiary may make the application. If a veteran
is hospitalized in a state, county, or federal institution and no application has otherwise been
approved by the adjutant general, the person in charge of such institution may make the
application with the approval of the adjutant general. For purposes of this section, the word
"minor" does not include the unremarried spouse of a veteran.Each application must beaccompanied by a certified copy of honorable discharge or other evidence of honorable and
faithful service. Each application must be subscribed and sworn to by the applicant in such
manner as may be prescribed by the adjutant general. The adjutant general shall provide by rule
for an endorsement of the evidence of honorable and faithful service if application for payment
has been made.37-28-06. Method of payment - Deduction of sums due veterans' aid fund. Uponsubmission of satisfactory proof that the applicant is entitled to payment under this chapter, the
adjutant general shall compute the amount of payment due the applicant, make a record thereof,
and forward a voucher for the payment to the office of management and budget, which shall
cause the warrant-check to be issued for the amount of the claim. Payment must be made from
funds appropriated by the legislative assembly. If the veteran or the applicant for payment under
this chapter is indebted to the veterans' aid fund of the state of North Dakota, the adjutant
general shall determine the amount of such indebtedness and certify such determination to the
office of management and budget together with the record of payment due. Within the limits of
the payment due, the amount of such indebtedness must be paid to the veterans' aid fund and
the applicant must be paid any remainder to which the veteran is entitled.37-28-07. Payments exempt from taxation and from execution - Assignments void -Debts to state and political subdivisions not deducted. Payments under this chapter are
exempt from all state and local taxes, including taxes determined under section 57-38-30.3, and
from levy, garnishment, attachment, and sale on execution.Any pledge, mortgage, sale,assignment, or transfer of any right, claim, or interest in any claim or payment under this chapterPage No. 2is void and payment to the veteran may not be denied because of any sums owed to the state or
any political subdivisions, except as provided in section 37-26-05.37-28-08. Duty of adjutant general - Finality of decisions - Questions of residencesubject to court review. The adjutant general shall administer this chapter.The adjutantgeneral shall prepare and distribute application blanks and investigate all claims and applications
filed. If the adjutant general is satisfied of the proof of a claim and application, the adjutant
general shall approve and direct payment of the claim. The adjutant general may adopt any
rules necessary to the efficient administration of this chapter. The necessary books, papers,
records, cases, and equipment used in the administration of this chapter become a part of the
permanent records of the office of the adjutant general. The adjutant general may determine any
claim in any case if doubt arises as to the eligibility of an applicant to receive payment and the
decision of the adjutant general in such case is final, except on questions of residence which are
subject to review by a court of competent jurisdiction.The adjutant general shall authorizepayment for prisoners of war upon their release and return.37-28-09.Penalty for false statement.Any person who willfully makes a falsestatement in the application for benefits under section 37-28-05 is guilty of a class A
misdemeanor.Page No. 3Document Outlinechapter 37-28 military operations adjusted compensation