State Codes and Statutes

Statutes > Kentucky > 040-00 > 400

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40.400 Definitions for KRS 40.410 to 40.560. As used in KRS 40.410 to 40.560, the following terms have the following respective <br>meanings, unless another meaning is clearly required by the context: <br>(1) &quot;Department of Military Affairs&quot; means the office of the adjutant general, Commonwealth of Kentucky; (2) &quot;Administrator&quot; means the individual designated by the adjutant general to carry out the responsibilities of KRS 40.410 to 40.560; (3) &quot;Armed Forces&quot; means the United States Army, Navy, Marine Corps, Air Force, and Coast Guard, including the reserve components thereof on active duty, other <br>than for training, and shall not include the merchant marine; (4) &quot;Qualified veteran&quot; means any person whose period of active duty service meets the criteria set forth in subsection (5) or (6) of this section; (5) &quot;Qualifying Vietnam service&quot; means service by any person who: (a) Served as a member of the Armed Forces of the United States in Vietnam or its contiguous waters or airspace, as defined in United States Department of <br>Defense Directive 1348.15, October 1, 1965, for a period of at least thirty (30) <br>days, unless such period was lessened as a result of death or medical <br>evacuation, during the period July 1, 1958, through May 15, 1975; or served <br>as a member of the Armed Forces of the United States in the Dominican <br>Republic, Congo, Thailand, Laos, or Cambodia, or participated in aerial <br>missions in the airspace over same, for a period of at least thirty (30) days, <br>unless such period was lessened as a result of death or medical evacuation, <br>during the period July 3, 1965, through May 15, 1975; or served as a member <br>of the Armed Forces of the United States and was awarded, or was eligible for <br>award of, the Vietnam Service Medal established by United States Department <br>of Defense Directive 1348.15, October 1, 1965; (b) Was released, separated, or discharged from the Armed Forces under other than dishonorable conditions or who is presently serving on active duty; (c) Was a resident of the Commonwealth at the time of entry into active service in the Armed Forces and for at least six (6) months prior thereto; and (d) Has not received a similar bonus for such service from any other state; (6) &quot;Qualifying Vietnam era service&quot; means service by any person who: (a) Served in the Armed Forces of the United States on active duty, including service in a reserve component thereof other than for training, for at least <br>ninety (90) consecutive days, exclusive of time lost as AWOL or in penal <br>confinement, during the period August 5, 1964, to May 15, 1975, but whose <br>service was in a location not included in subsection (5)(a) of this section; (b) Was released, separated, or discharged from the Armed Forces under other than dishonorable conditions or is still serving on active duty; (c) Was a resident of the Commonwealth at the time of his entry into active service in the Armed Forces and for at least six (6) months prior thereto; and (d) Has not received a similar bonus for such service from any other state; (7) &quot;Resident of the Commonwealth at the time of entry into the active service&quot; means any person who gave the Commonwealth of Kentucky, or any specific place in this <br>Commonwealth, as his place of residence at the time of entry. Conclusive and <br>exclusive evidence of the giving of place of residence shall be the official records <br>on file in the Department of Defense of the United States, or any official record <br>thereof in the files of the Veterans Administration of the United States; but if it be <br>shown to the satisfaction of the administrator that for any reason no such record was <br>made, or that it has been lost, misplaced, destroyed, or was in error, or that an <br>authenticated copy thereof cannot be obtained within a reasonable time, other <br>evidence of bona fide residence may be accepted if deemed sufficient by the <br>administrator; (8) &quot;Resident,&quot; in any context other than as in subsections (5) and (6) of this section, means a legal resident as determined by generally established principles of law, as <br>may be defined, and subject to proof, according to the regulations the administrator <br>promulgates; (9) &quot;Beneficiary&quot; means the following persons who were alive at the time of application, in this order: widow, if none to the child or children equally, if none to <br>the mother and father equally, but if the father is dead, the mother, if living, shall <br>take the whole amount; but if the mother is dead, the father, if living, shall take the <br>whole amount; (10) (a) &quot;Widow&quot; means a woman who was the wife of a qualified veteran at the time of his death; (b) The term &quot;widow&quot; also includes &quot;widower&quot; in the case of a man who was the husband of a female qualified veteran at the time of her death; (11) &quot;Child&quot; means a person: (a) Who is under the age of eighteen (18) at the time application is made or who was under the age of eighteen (18) at the time of the veteran's death; (b) Who, before attaining the age of eighteen (18), became permanently incapable of self-support; or (c) Who, after attaining the age of eighteen (18) and until completion of education or training, but not after attaining the age of twenty-three (23), is <br>pursuing a course of instruction at a bona fide educational institution; and <br>who, in relationship to the veteran, is a legitimate child; a legally adopted <br>child; a stepchild who is a member of a qualified veteran's household or was a <br>member at the time of the veteran's death; or an illegitimate child, but, as to <br>the alleged father, only if acknowledged in writing signed by him or if he had, <br>before his death, been judicially decreed to be the father of such child; (12) &quot;Mother&quot; means a mother, a mother through adoption, or a woman who for a period of not less than one (1) year stood in the relationship of a mother to a qualified <br>veteran before his or her entry into active service in the Armed Forces, or if two (2) <br>persons stood in such relationship for one (1) year or more, the person who last <br>stood in such relationship before the veteran's last entry into active service in the <br>Armed Forces; (13) &quot;Father&quot; means a father, a father through adoption, or a man who for a period of not less than one (1) year stood in the relationship of a father to a qualified veteran <br>before his or her entry into active service in the Armed Forces, or if two (2) persons <br>stood in such relationship for one (1) year or more, the person who last stood in <br>such relationship before the veteran's last entry into active service in the Armed <br>Forces; (14) &quot;In the continental United States&quot; means any place in the District of Columbia and the states of the United States which are on the North American continent, <br>exclusive of Alaska; (15) &quot;Outside the continental United States&quot; means any place elsewhere than as defined in subsection (14) of this section; (16) &quot;Bonus&quot; and &quot;Vietnam veterans' bonus&quot; mean the compensation authorized by KRS 40.410 to 40.560; (17) &quot;Bonus claim&quot; means a claim or potential claim for a Vietnam veterans' bonus; and <br>(18) &quot;Claimant&quot; means one who seeks to obtain payment of a bonus claim. Effective: March 1, 1991 <br>History: Amended 1991 (1st Extra. Sess.) Ky. Acts ch. 16, sec. 1, effective March 1, 1991. -- Created 1988 (1st Extra. Sess.) Ky. Acts ch. 6, sec. 2.

State Codes and Statutes

Statutes > Kentucky > 040-00 > 400

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40.400 Definitions for KRS 40.410 to 40.560. As used in KRS 40.410 to 40.560, the following terms have the following respective <br>meanings, unless another meaning is clearly required by the context: <br>(1) &quot;Department of Military Affairs&quot; means the office of the adjutant general, Commonwealth of Kentucky; (2) &quot;Administrator&quot; means the individual designated by the adjutant general to carry out the responsibilities of KRS 40.410 to 40.560; (3) &quot;Armed Forces&quot; means the United States Army, Navy, Marine Corps, Air Force, and Coast Guard, including the reserve components thereof on active duty, other <br>than for training, and shall not include the merchant marine; (4) &quot;Qualified veteran&quot; means any person whose period of active duty service meets the criteria set forth in subsection (5) or (6) of this section; (5) &quot;Qualifying Vietnam service&quot; means service by any person who: (a) Served as a member of the Armed Forces of the United States in Vietnam or its contiguous waters or airspace, as defined in United States Department of <br>Defense Directive 1348.15, October 1, 1965, for a period of at least thirty (30) <br>days, unless such period was lessened as a result of death or medical <br>evacuation, during the period July 1, 1958, through May 15, 1975; or served <br>as a member of the Armed Forces of the United States in the Dominican <br>Republic, Congo, Thailand, Laos, or Cambodia, or participated in aerial <br>missions in the airspace over same, for a period of at least thirty (30) days, <br>unless such period was lessened as a result of death or medical evacuation, <br>during the period July 3, 1965, through May 15, 1975; or served as a member <br>of the Armed Forces of the United States and was awarded, or was eligible for <br>award of, the Vietnam Service Medal established by United States Department <br>of Defense Directive 1348.15, October 1, 1965; (b) Was released, separated, or discharged from the Armed Forces under other than dishonorable conditions or who is presently serving on active duty; (c) Was a resident of the Commonwealth at the time of entry into active service in the Armed Forces and for at least six (6) months prior thereto; and (d) Has not received a similar bonus for such service from any other state; (6) &quot;Qualifying Vietnam era service&quot; means service by any person who: (a) Served in the Armed Forces of the United States on active duty, including service in a reserve component thereof other than for training, for at least <br>ninety (90) consecutive days, exclusive of time lost as AWOL or in penal <br>confinement, during the period August 5, 1964, to May 15, 1975, but whose <br>service was in a location not included in subsection (5)(a) of this section; (b) Was released, separated, or discharged from the Armed Forces under other than dishonorable conditions or is still serving on active duty; (c) Was a resident of the Commonwealth at the time of his entry into active service in the Armed Forces and for at least six (6) months prior thereto; and (d) Has not received a similar bonus for such service from any other state; (7) &quot;Resident of the Commonwealth at the time of entry into the active service&quot; means any person who gave the Commonwealth of Kentucky, or any specific place in this <br>Commonwealth, as his place of residence at the time of entry. Conclusive and <br>exclusive evidence of the giving of place of residence shall be the official records <br>on file in the Department of Defense of the United States, or any official record <br>thereof in the files of the Veterans Administration of the United States; but if it be <br>shown to the satisfaction of the administrator that for any reason no such record was <br>made, or that it has been lost, misplaced, destroyed, or was in error, or that an <br>authenticated copy thereof cannot be obtained within a reasonable time, other <br>evidence of bona fide residence may be accepted if deemed sufficient by the <br>administrator; (8) &quot;Resident,&quot; in any context other than as in subsections (5) and (6) of this section, means a legal resident as determined by generally established principles of law, as <br>may be defined, and subject to proof, according to the regulations the administrator <br>promulgates; (9) &quot;Beneficiary&quot; means the following persons who were alive at the time of application, in this order: widow, if none to the child or children equally, if none to <br>the mother and father equally, but if the father is dead, the mother, if living, shall <br>take the whole amount; but if the mother is dead, the father, if living, shall take the <br>whole amount; (10) (a) &quot;Widow&quot; means a woman who was the wife of a qualified veteran at the time of his death; (b) The term &quot;widow&quot; also includes &quot;widower&quot; in the case of a man who was the husband of a female qualified veteran at the time of her death; (11) &quot;Child&quot; means a person: (a) Who is under the age of eighteen (18) at the time application is made or who was under the age of eighteen (18) at the time of the veteran's death; (b) Who, before attaining the age of eighteen (18), became permanently incapable of self-support; or (c) Who, after attaining the age of eighteen (18) and until completion of education or training, but not after attaining the age of twenty-three (23), is <br>pursuing a course of instruction at a bona fide educational institution; and <br>who, in relationship to the veteran, is a legitimate child; a legally adopted <br>child; a stepchild who is a member of a qualified veteran's household or was a <br>member at the time of the veteran's death; or an illegitimate child, but, as to <br>the alleged father, only if acknowledged in writing signed by him or if he had, <br>before his death, been judicially decreed to be the father of such child; (12) &quot;Mother&quot; means a mother, a mother through adoption, or a woman who for a period of not less than one (1) year stood in the relationship of a mother to a qualified <br>veteran before his or her entry into active service in the Armed Forces, or if two (2) <br>persons stood in such relationship for one (1) year or more, the person who last <br>stood in such relationship before the veteran's last entry into active service in the <br>Armed Forces; (13) &quot;Father&quot; means a father, a father through adoption, or a man who for a period of not less than one (1) year stood in the relationship of a father to a qualified veteran <br>before his or her entry into active service in the Armed Forces, or if two (2) persons <br>stood in such relationship for one (1) year or more, the person who last stood in <br>such relationship before the veteran's last entry into active service in the Armed <br>Forces; (14) &quot;In the continental United States&quot; means any place in the District of Columbia and the states of the United States which are on the North American continent, <br>exclusive of Alaska; (15) &quot;Outside the continental United States&quot; means any place elsewhere than as defined in subsection (14) of this section; (16) &quot;Bonus&quot; and &quot;Vietnam veterans' bonus&quot; mean the compensation authorized by KRS 40.410 to 40.560; (17) &quot;Bonus claim&quot; means a claim or potential claim for a Vietnam veterans' bonus; and <br>(18) &quot;Claimant&quot; means one who seeks to obtain payment of a bonus claim. Effective: March 1, 1991 <br>History: Amended 1991 (1st Extra. Sess.) Ky. Acts ch. 16, sec. 1, effective March 1, 1991. -- Created 1988 (1st Extra. Sess.) Ky. Acts ch. 6, sec. 2.

State Codes and Statutes

State Codes and Statutes

Statutes > Kentucky > 040-00 > 400

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40.400 Definitions for KRS 40.410 to 40.560. As used in KRS 40.410 to 40.560, the following terms have the following respective <br>meanings, unless another meaning is clearly required by the context: <br>(1) &quot;Department of Military Affairs&quot; means the office of the adjutant general, Commonwealth of Kentucky; (2) &quot;Administrator&quot; means the individual designated by the adjutant general to carry out the responsibilities of KRS 40.410 to 40.560; (3) &quot;Armed Forces&quot; means the United States Army, Navy, Marine Corps, Air Force, and Coast Guard, including the reserve components thereof on active duty, other <br>than for training, and shall not include the merchant marine; (4) &quot;Qualified veteran&quot; means any person whose period of active duty service meets the criteria set forth in subsection (5) or (6) of this section; (5) &quot;Qualifying Vietnam service&quot; means service by any person who: (a) Served as a member of the Armed Forces of the United States in Vietnam or its contiguous waters or airspace, as defined in United States Department of <br>Defense Directive 1348.15, October 1, 1965, for a period of at least thirty (30) <br>days, unless such period was lessened as a result of death or medical <br>evacuation, during the period July 1, 1958, through May 15, 1975; or served <br>as a member of the Armed Forces of the United States in the Dominican <br>Republic, Congo, Thailand, Laos, or Cambodia, or participated in aerial <br>missions in the airspace over same, for a period of at least thirty (30) days, <br>unless such period was lessened as a result of death or medical evacuation, <br>during the period July 3, 1965, through May 15, 1975; or served as a member <br>of the Armed Forces of the United States and was awarded, or was eligible for <br>award of, the Vietnam Service Medal established by United States Department <br>of Defense Directive 1348.15, October 1, 1965; (b) Was released, separated, or discharged from the Armed Forces under other than dishonorable conditions or who is presently serving on active duty; (c) Was a resident of the Commonwealth at the time of entry into active service in the Armed Forces and for at least six (6) months prior thereto; and (d) Has not received a similar bonus for such service from any other state; (6) &quot;Qualifying Vietnam era service&quot; means service by any person who: (a) Served in the Armed Forces of the United States on active duty, including service in a reserve component thereof other than for training, for at least <br>ninety (90) consecutive days, exclusive of time lost as AWOL or in penal <br>confinement, during the period August 5, 1964, to May 15, 1975, but whose <br>service was in a location not included in subsection (5)(a) of this section; (b) Was released, separated, or discharged from the Armed Forces under other than dishonorable conditions or is still serving on active duty; (c) Was a resident of the Commonwealth at the time of his entry into active service in the Armed Forces and for at least six (6) months prior thereto; and (d) Has not received a similar bonus for such service from any other state; (7) &quot;Resident of the Commonwealth at the time of entry into the active service&quot; means any person who gave the Commonwealth of Kentucky, or any specific place in this <br>Commonwealth, as his place of residence at the time of entry. Conclusive and <br>exclusive evidence of the giving of place of residence shall be the official records <br>on file in the Department of Defense of the United States, or any official record <br>thereof in the files of the Veterans Administration of the United States; but if it be <br>shown to the satisfaction of the administrator that for any reason no such record was <br>made, or that it has been lost, misplaced, destroyed, or was in error, or that an <br>authenticated copy thereof cannot be obtained within a reasonable time, other <br>evidence of bona fide residence may be accepted if deemed sufficient by the <br>administrator; (8) &quot;Resident,&quot; in any context other than as in subsections (5) and (6) of this section, means a legal resident as determined by generally established principles of law, as <br>may be defined, and subject to proof, according to the regulations the administrator <br>promulgates; (9) &quot;Beneficiary&quot; means the following persons who were alive at the time of application, in this order: widow, if none to the child or children equally, if none to <br>the mother and father equally, but if the father is dead, the mother, if living, shall <br>take the whole amount; but if the mother is dead, the father, if living, shall take the <br>whole amount; (10) (a) &quot;Widow&quot; means a woman who was the wife of a qualified veteran at the time of his death; (b) The term &quot;widow&quot; also includes &quot;widower&quot; in the case of a man who was the husband of a female qualified veteran at the time of her death; (11) &quot;Child&quot; means a person: (a) Who is under the age of eighteen (18) at the time application is made or who was under the age of eighteen (18) at the time of the veteran's death; (b) Who, before attaining the age of eighteen (18), became permanently incapable of self-support; or (c) Who, after attaining the age of eighteen (18) and until completion of education or training, but not after attaining the age of twenty-three (23), is <br>pursuing a course of instruction at a bona fide educational institution; and <br>who, in relationship to the veteran, is a legitimate child; a legally adopted <br>child; a stepchild who is a member of a qualified veteran's household or was a <br>member at the time of the veteran's death; or an illegitimate child, but, as to <br>the alleged father, only if acknowledged in writing signed by him or if he had, <br>before his death, been judicially decreed to be the father of such child; (12) &quot;Mother&quot; means a mother, a mother through adoption, or a woman who for a period of not less than one (1) year stood in the relationship of a mother to a qualified <br>veteran before his or her entry into active service in the Armed Forces, or if two (2) <br>persons stood in such relationship for one (1) year or more, the person who last <br>stood in such relationship before the veteran's last entry into active service in the <br>Armed Forces; (13) &quot;Father&quot; means a father, a father through adoption, or a man who for a period of not less than one (1) year stood in the relationship of a father to a qualified veteran <br>before his or her entry into active service in the Armed Forces, or if two (2) persons <br>stood in such relationship for one (1) year or more, the person who last stood in <br>such relationship before the veteran's last entry into active service in the Armed <br>Forces; (14) &quot;In the continental United States&quot; means any place in the District of Columbia and the states of the United States which are on the North American continent, <br>exclusive of Alaska; (15) &quot;Outside the continental United States&quot; means any place elsewhere than as defined in subsection (14) of this section; (16) &quot;Bonus&quot; and &quot;Vietnam veterans' bonus&quot; mean the compensation authorized by KRS 40.410 to 40.560; (17) &quot;Bonus claim&quot; means a claim or potential claim for a Vietnam veterans' bonus; and <br>(18) &quot;Claimant&quot; means one who seeks to obtain payment of a bonus claim. Effective: March 1, 1991 <br>History: Amended 1991 (1st Extra. Sess.) Ky. Acts ch. 16, sec. 1, effective March 1, 1991. -- Created 1988 (1st Extra. Sess.) Ky. Acts ch. 6, sec. 2.