Pennsylvania Act 1933-53 (session 1) — VETERANS' COMPENSATION ACT

Act text

"VETERANS' COMPENSATION ACT"
     Act of Jan. 5, (1934) 1933, Special Session 1, P.L. 223, No. 53  Cl. 51
                      Special Session No. 1 of 1933
                               No. 1933-53

                                  AN ACT

     Providing compensation to certain persons who served in the
        military or naval forces of the United States during the
        World War, the war between the United States and Spain, the
        China Relief Expedition, or in the Philippines or Guam;
        providing the method of making payment to representatives of
        persons who, because of death or incapacity, cannot
        personally receive compensation; imposing certain duties on
        the Adjutant General; making an appropriation; and repealing
        inconsistent legislation; and providing penalties.

        Section 1.  Veterans' Compensation Act
        This act shall be cited as the "Veterans' Compensation Act."
     1933, Sp. Sess; Jan. 5, 1934, P.L. 223, Sec. 1.
        Section 2.  "Veteran," and "Legal Resident of this
     Commonwealth," Defined
        As used in this act, the word "veteran" includes any
     individual, a member of the military or naval forces of the
     United States during the war between the United States and
     Spain, between the twenty-first day of April, one thousand eight
     hundred and ninety-eight, and the thirteenth day of August, one
     thousand eight hundred and ninety-eight, or who served in the
     China Relief Expedition, in the Philippines or Guam, between the
     twenty-first day of April, one thousand eight hundred and
     ninety-eight, and the fourth day of july, one thousand nine
     hundred and two, or during the World War, between the sixth day
     of April, one thousand nine hundred and seventeen, and the
     eleventh day of November, one thousand nine hundred and
     eighteen; but does not include (a) any individual, at any time
     during such periods, or thereafter, separated from such forces
     under other than honorable conditions; (b) any conscientious
     objector who performed no military duty whatever or refused to
     wear the uniform; or (c) any alien, at any time during such
     periods, or thereafter, discharged from military or naval forces
     on account of his alienage.
        The term "legal resident of this Commonwealth" means any
     individual who gave the State of Pennsylvania, or any specific
     place in this Commonwealth, as his or her place of residence at
     the time of entering the military or naval forces of the United
     States, for such period, without regard to the place of
     enlistment, commission, or induction. The proof of such
     residence shall be either the official records on file in the
     War Department of the United States, or such other evidence of
     bona fide residence as may be deemed sufficient by the Adjutant
     General of Pennsylvania. 1933, Sp. Sess; Jan. 5, 1934, P.L. 223,
     Sec. 2; 1937 May 28, P.L. 1012, Sec. 1.
        Section 3.  Compensation; How Computed
        Compensation shall be payable under this act to any veteran,
     a legal resident of this commonwealth, and shall be computed on
     the basis of ten dollars ($10.00) for every month, and major
     fraction thereof, of active service in the military or naval
     forces of the United States, as shown by the service or other
     record of the veteran; except that the compensation of a veteran
     who died in active military service during any one of the
     periods as set forth in section two of the act shall be two
     hundred dollars. No veteran who served less than sixty days
     active service shall be entitled to receive any compensation
     under this act. Any veteran who was in active service during the
     periods specified shall be allowed the per monthly compensation,
     as designated, until his separation from service, but no veteran
     shall be entitled to receive compensation under this act in a
     sum to exceed two hundred dollars ($200.00). 1933, sp. Sess;
     Jan. 5, 1934, P.L. 223, Sec. 3.
        Section 4.  Service for which no Allowance Shall be Made
        In computing time in the service for compensation, no
     allowance shall be made to:
        (a)  Any civilian officer or employe of any branch of the
     military or naval forces, contract surgeon, cadet of the United
     States Military Academy, midshipman of the United States Naval
     Academy or of the Coast Guard, member of the Reserve Officers
     Training Corps. member of the Students' Army Training Corps
     (except as enlisted man detailed to a training detachment of any
     of the foregoing), Philippine Scout, member of the Philippine
     Guard, member of the Philippine Constabulary, member of the
     Puerto Rico Regiment of Infantry, member of the National Guard
     of Hawaii, member of the insular forces of the Navy, member of
     the Samoan native guard, and band of the Navy, or Indian scout,
     in each case, for the period of service as such.
        (b)  Any member of the Public Health Service, for any period
     during which he or she was not detailed for active duty with the
     Army, Navy, or Marine Corps.
        (c)  Any individual granted a farm or industrial furlough,
     for the period of such furlough.
        (d)  Any individual detailed for work in the Spruce
     Production Division of the Air Service, for the period during
     which his pay was equalized to conform to the pay of civilian
     employes in the same or like employment.
        (e)  Any individual who has received a bonus, gratuity, or
     compensation, of a nature similar to that provided for by this
     act, from any other state in the Union. 1933, Sp. Sess; Jan. 5,
     1934, P.L. 223, Sec. 4; 1935, July 12, P.L. 648, Sec. 1.
        Section 5.  Effect to be given Applicable Provisions
        In computing the compensation of any veteran under this act,
     effect shall be given to all subdivisions of section four which
     are applicable. 1933, Sp. Sess; Jan. 5, 1934, P.L. 223, Sec. 5.
        Section 6.  National Guard Veterans of World War
        With respect to veterans of the World War, for the purpose of
     section three, in the case of members of the National Guard or
     the National guard Reserve called into service by proclamation
     of the President, the time of service between the date of call
     into service, as specified in such proclamation, and the fifth
     day of August, one thousand nine hundred and seventeen, both
     dates inclusive, shall be deemed to be active service in the
     military or naval forces of the United States: Provided, that in
     case of members of the National Guard or National Guard Reserve
     called into the service by proclamation of the President before
     the sixth day of April, one thousand nine hundred and seventeen,
     active service in the military or naval forces of the United
     States, for the purpose of this act, shall be deemed to commence
     on the sixth day of April, one thousand nine hundred and
     seventeen. 1933, sp. Sess; Jan. 5, 1934, P.L. 223, Sec. 6.
        Section 7.  Application for Compensation
        Application for compensation shall be made to the Adjutant
     General on such forms and in such manner as he shall prescribe.
        All applications shall be made (1) personally by the veteran
     or (2) in case of death or mental incompetency prevent the
     making of a personal application, then by such representative of
     the veteran as the Adjutant General shall by regulation
     prescribe. An application made by a representative other than
     one authorized by such regulation shall be held void.
        The Adjutant General shall not accept or consider any
     application filed with him after the first day of July, one
     thousand nine hundred forty-eight. 1933, Sp. Sess; Jan. 5, 1934,
     P.L. 223, Sec. 7; 1935, July 12, P.L. 648, Sec. 1; 1937, April
     29, P.L. 543, Sec. 1; 1939, May 11, P.L. 116, Sec. 1; 1941, June
     11, P.L. 118, Sec. 1; 1943, March 19, P.L. 20, Sec. 1; 1945,
     Feb. 19, P.L. 3, Sec. 1.
        Section 8.  Statement of Bonus Received
        Applicants shall state on their applications whether or not
     they have applied for or received a bonus, gratuity, or
     compensation, of a nature similar to that provided for by this
     act, from any other state in the Union. 1933, Sp. Sess; Jan. 5,
     1934, P.L. 223, Sec. 8.
        Section 9.  Persons to whom Payment Shall be Made in Case of
     Death or Mental Incapacity; Presumed Decedent
        Whenever, prior to the date of distribution of compensation
     under the provisions of this act, a veteran entitled thereto
     shall have died or if such veteran shall have been or shall be
     determined to have been legally dead by the Federal authorities
     under any act for the payment of Federal benefits, or becomes
     mentally incapable of receiving his or her compensation, payment
     shall be made by the Adjutant General without proceedings in
     this commonwealth---
        (a)  In case of mental incapacity, to the guardian or
     committee, if any, of the veteran, or if there be no guardian or
     committee, than to the person with whom the veteran lives, or,
     in case of a veteran who is hospitalized in a State, county or
     Federal institution for mental or nervous diseases, upon order
     of the Adjutant General, without regards to the residence of the
     veteran, to the person or persons as would be entitled thereto
     under the provisions of this act if the veteran were deceased,
     and, in the absence of any such claimant, to the superintendent,
     manager or person in charge of such State, county or Federal
     institution, to be expended for the clothing and incidental
     needs of said veteran: Provided, however, That no part of this
     compensation shall be paid to any county or State institution
     for the maintenance of the veteran. A statement from the
     manager, superintendent or person in charge of any State, county
     or Federal institution wherein the veteran is a patient, shall
     be admitted in evidence to determine the mental condition of the
     veteran. Such statement shall set forth that the veteran, due to
     his weakness of mind, is liable to dissipate such funds as may
     be due him under the provisions of this act, and is apt to
     become the victim of designing persons.
        (b)  In the case of death to the following persons in the
     order named: surviving unremarried widow, if such widow was
     living with the veteran at the time of his death, or if not so
     living with the veteran at the time of his death, if she
     establish, to the satisfaction of the Adjutant General, that the
     living apart was not due to her wilful act and that she was
     actually dependent upon the veteran at the time of his death, or
     at any time thereafter and before the fourth day of January, one
     thousand nine hundred and thirty-four, or surviving minor child
     or surviving minor children share and share alike, or surviving
     mother or surviving father. The terms "mother" and "father"
     include mothers and fathers through adoption and persons who
     have, for a period of not less than one year, acted in the
     capacity of a foster parent to the veteran at any time prior to
     his or her having attained the age of eighteen (18) years. 1933,
     Sp. Sess; Jan. 5, 1934, P.L. 223, Sec. 9; 1935, July 12, P.L.
     697, Sec. 1; 1935, July 12, P.L. 655, Sec. 1; 1935, July 12,
     P.L. 648, Sec. 1; 1 935, March 20, P.L. 4, Sec. 1; 1937, May 28,
     P.L. 1012, Sec. 2.
        Section 10.  Intent
        This act is predicated upon the belief that the people, in
     adopting article nine, section sixteen of the Constitution,
     authorizing a loan for the payment of compensation to certain
     persons who served in the military or naval forces of the United
     States, intended compensation to be paid for the service of
     veterans whether or not they be living when distribution is
     made. If the courts shall hold that the constitutional amendment
     cannot be thus construed, then compensation shall be payable out
     of borrowed funds to living veterans, and the General Assembly
     hereby expresses its conviction that appropriations should be
     made during the next five years out of current revenues for the
     payment of compensation to widows, orphans, or surviving parents
     of deceased veterans until all payments shall have been made
     which are contemplated by the provisions of this act. 1933, Sp.
     Sess; Jan. 5, 1934, P.L. 223, Sec. 10.
        Section 11.  Applicant to Designate Beneficiaries
        Every person making application for compensation, as herein
     provided, shall set forth in his or her application the names
     and addresses of all persons who, under this act, would be
     entitled to receive the same in the event of the death of the
     applicant, and if such applicant shall die before the payment of
     such compensation, then such application shall be deemed to
     inure to the benefit of the person or persons next entitled
     thereto, and payment shall be made to such person or persons
     upon proof of identity satisfactory to the Adjutant General. If
     all persons designated herein as entitled to compensation shall
     die before payment thereof, the right to the compensation shall
     cease and determine. Application for compensation made in behalf
     of minor children shall be made by the duly appointed guardian
     of such children, or by any person who stands in loco parentis
     to such minor children, and payments shall be made to such
     guardians or persons. 1933, Sp. Sess; Jan. 5, 1934, P.L. 223,
     Sec. 11.
        Section 12.  Exemption from Attachment, Etc.; Assignments to
     Veterans' Organizations Veterans' Organizations
        No sum payable under this act to a veteran, or to any other
     person under this act, shall be subject to attachment, levy, or
     seizure under any legal or equitable process, and shall be
     exempt from all state taxation. No right to compensation under
     the provisions of this act shall be assignable, except as
     hereinafter provided, or serve as a security for any loan. Any
     assignment or loan made in violation of the Provisions of this
     section shall be held void: provided, however, That assignments
     to any group or organization of veterans, incorporated or
     unincorporated, or to any nonprofit corporation heretofore
     formed solely for aiding disabled or incapacitated veterans, and
     assignments to the State Veterans' Commission, shall be valid.
     The State Veterans' Commission is hereby authorized to accept
     such assignments, which shall be treated as confidential, and
     the funds realized from such assignments shall be expended by
     said commission solely for the aid of needy veterans and their
     families. Except as in this section provided, the Adjutant
     General shall not direct the payment, nor shall payment be made,
     under this act, to any person other than a veteran, or the
     representatives of a veteran, as in this act provided. 1933, Sp.
     Sess; Jan. 5, 1934, P.L. 223, Sec. 12.
        Section 13.  Fees for Assisting Veterans; Penalty
        Any person who charges or collects, or attempts to charge or
     collect, either directly or indirectly, any fee or other
     compensation for assisting in any manner a veteran in obtaining
     any of the benefits to which he or she is entitled under the
     provisions of this act shall be guilty of a misdemeanor, and,
     upon conviction thereof, shall be subject to a fine of not more
     than five hundred dollars ($500.00), or imprisonment for not
     more than one year, or both, at the discretion of the court.
     1933, Sp. Sess; Jan. 5, 1934, P.L. 223, Sec. 13.
        Section 14.  Digest and Explanation of Act
        The Adjutant General shall, as soon as practicable after the
     approval of this act, prepare and publish a pamphlet or
     pamphlets containing a digest and explanation of the provisions
     of this act, accompanied by such statements as he believes may
     be of assistance to the veterans in filing their applications,
     and shall, from time to time, prepare and publish such
     additional or supplementary information as may be found
     necessary.
        The said pamphlet or pamphlets shall be distributed in such
     manner as the Adjutant General may determine to be most
     effective to inform veterans of their rights under this act, and
     the adjutant general shall enlist, as far as possible, the
     services of veteran organizations in this Commonwealth in the
     dissemination of such information. 1933, Sp. Sess; Jan. 5, 1934,
     P.L. 223, Sec. 14.
        Section 15.  Ascertainment of service; decision of Adjutant
     General final
        Immediately upon the passage of this act, the Adjutant
     General shall ascertain the individuals who are veterans, as
     defined in section two, and, as to each veteran, the number of
     months of service as defined in section three, for which he or
     she is entitled to receive compensation, and his decisions shall
     be final and not subject to review by any court or by any other
     officer. In all cases not within the express purview of this
     act, the decision of the Adjutant General as to payment or
     nonpayment of compensation or eligibility therefor shall be in
     all things final. 1933, Sp.Sess; Jan. 5, 1934, P.L. 223, Sec.
     15.
        Section 16.  False or fraudulent statements; penalty
        Whoever knowingly makes any false or fraudulent statement of
     a material fact in any application, certificate, or document,
     made under the provisions of this act, or of any regulation made
     by the Adjutant General in administering this act, shall be
     guilty of a misdemeanor, and, upon conviction thereof, be fined
     not more than one thousand dollars ($1,000.00), or undergo
     imprisonment of not more than five years, or both, at the
     discretion of the court. 1933, Sp.Sess; Jan 5, 1934, P.L. 223,
     Sec. 16.
        Section 17.  Adjutant General to administer act; records
        For the purpose of carrying into effect the provisions of
     this act, the Adjutant General of the Commonwealth is charged
     with the administration thereof, and, for that purpose, he shall
     prepare and distribute application blanks, investigate all
     claims and applications filed with him and, if satisfied of the
     proof of such claim or application, approve the same and direct
     payment thereof, and shall make any regulations necessary to the
     efficient administration of the provisions of this act.
        The books, papers, and records, together with the filing
     cases and equipment, procured and used in the administration of
     this act shall become a part of the permanent records of the
     office of the Adjutant General. 1933, Sp.Sess; Jan. 5, 1934,
     P.L. 223, Sec. 17.
        Section 18.  Printing
        All printing necessary to carry out the provisions of this
     act shall be done by the Bureau of Publications, on the
     requisition of the Adjutant General to the Department of
     Property and Supplies.  1933, Sp.Sess; Jan. 5, 1934, P.L. 223,
     Sec. 18.
        Section 19.  Clerical help
        The Adjutant General may employ the necessary clerical help
     and fix their salaries, and pay for postage and other expenses
     incurred in the administration of this act. In all appointments
     under this act, preference shall, so far as practicable, be
     given to veterans, as defined in this act. 1933, Sp.Sess; Jan.
     5, 1934, P.L. 223, Sec. 19.
        Section 20.  Constitutional construction
        The provisions of this act are severable, and if any of its
     provisions shall be held unconstitutional, the decision of the
     court shall not affect or impair any of the remaining provisions
     of the act. It is hereby declared as a legislative intent that
     this act would have been adopted had such unconstitutional
     provisions not been included therein. 1933, Sp.Sess; Jan. 5,
     1934, P.L. 223, Sec. 20.
        Section 21.  Appropriation
        For the purpose of paying for the clerical services, postage,
     and other necessary expenses incurred by the Adjutant General in
     the administration of this act, the sum of four hundred and
     sixty-two thousand six hundred and twenty-five dollars
     ($462,625.00), or as much thereof as may be necessary, is
     specifically appropriated from funds realized from the sale of
     bonds issued in conformity with the constitutional amendment
     authorizing the creation of indebtedness for the purposes set
     forth in this act and other statutes passed in conformity with
     said constitutional amendment. 1933, Sp.Sess; Jan. 5, 1934, P.L.
     223, Sec. 21.
        Section 22.  Payment from Veterans' Compensation Fund
        The compensation payable under this act shall be paid by the
     State Treasurer from the Veterans' Compensation Fund, created or
     about to be created by accompanying legislation, upon
     requisition by the Adjutant General. 1933, Sp.Sess; Jan. 5,
     1934, P.L. 223, Sec. 22.