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36-10
36.10 VETERANS' LITIGATION AWARDS.
1. For purposes of this section, "Vietnam herbicide" means a
herbicide, defoliant, or other causative agent containing dioxin,
including, but not limited to, Agent Orange, used in the Vietnam
Conflict at any time between December 22, 1961, and May 7, 1975,
inclusive.
2. a. Notwithstanding any other law of this state, proceeds
received pursuant to a judgment in, or settlement of, a lawsuit
against the manufacturer or distributor of a Vietnam herbicide for
damages resulting from exposure to the herbicide shall not be
considered as income or an asset for determining the eligibility for
state or local government benefit or entitlement programs. The
proceeds are not subject to recoupment for the receipt of
governmental benefits or entitlements and liens, except liens for
child support, are not enforceable against these sums for any reason.
b. This exclusion of litigation proceeds from benefit or
entitlement program calculations are available only to disabled
veterans or their beneficiaries, whether payment is received in a
lump sum or payable in installments over a period of years. Section History: Recent Form
89 Acts, ch 249, § 1
CS89, § 139A.11
C93, § 36.10
