Chapter 408 — MiscellaneousBenefits for Veterans and Service Personnel

 

2009 EDITION

 

 

MISCELLANEOUSBENEFITS OF VETERANS AND SERVICE PERSONNEL

 

EDUCATIONALBENEFITS FOR VETERANS

 

408.010 “Beneficiary”defined for ORS 408.010 to 408.090

 

408.020 Financialaid for educational purposes; limitations on payments and on eligibility foraid

 

408.030 Filingapplication with educational institution

 

408.040 Handlingof application by institution and director; when benefits begin

 

408.050 Monthlystatement by institution

 

408.060 Monthlypayment of financial aid

 

408.070 Investigationof institutions; rules

 

408.090 Handlingof donations

 

408.095 CampusVeterans’ Service Officers Program

 

ADVANTAGESGIVEN VETERANS IN PUBLIC EMPLOYMENT

 

408.225 Definitionsfor ORS 408.225 to 408.235

 

408.230 Veterans’preference in public employment

 

408.235 Eligibilityfor preference

 

408.238 “Militaryduty” defined for ORS 408.240 to 408.280

 

408.240 Statusand rights of public officer and employee during and after military duty

 

408.242 Publicemployees in Active Guard Reserve Program

 

408.250 Rightsand duties of person replacing public officer in military service

 

408.260 Terminationof term of office of substitute for officer in military service

 

408.270 Restorationof employee’s seniority and tenure

 

408.280 Reelectionof public officer while in military service

 

408.290 Benefitsfor public employees on temporary active duty in Armed Forces

 

STATEAID TO VETERANS FOR MEDICAL ISSUES

 

(HerbicideExposure)

 

408.300 Shorttitle

 

408.305 Definitionsfor ORS 408.305 to 408.340

 

408.310 Dutyof physician to report symptoms attributable to herbicide exposure; consent ofpatient; report form; additional information

 

408.315 Applicationof ORS 408.310

 

408.320 Dutiesof Oregon Public Health Advisory Board

 

408.325 Referralprogram for affected veterans; rules

 

408.330 Suspensionor termination of programs; conditions

 

408.335 AttorneyGeneral to represent veterans in certain proceedings; payment of expenses

 

408.340 Limitationof liability

 

(HepatitisC)

 

408.350 Educationalmaterials about hepatitis C

 

OREGONVETERANS’ HOMES

 

408.360 OregonVeterans’ Home; authority of Department of Veterans’ Affairs; issuance ofcertificates of participation

 

408.365 Useof state moneys for operation of Oregon Veterans’ Home

 

408.368 OregonVeterans’ Home Account

 

408.370 Applicationof other statutes

 

408.375 SecondOregon Veterans’ Home; contract for operation and management

 

408.380 Applicationof other statutes to second Oregon Veterans’ Home

 

408.385 Requirementsfor establishment of additional veterans’ homes

 

408.390 Cityacquisition of land for Oregon Veterans’ Home

 

408.393 Incurringcity indebtedness for Oregon Veterans’ Home

 

408.395 Condemnationof property for Oregon Veterans’ Home

 

COUNTYAID TO VETERANS

 

408.410 Appointmentof county service officer; duties; annual budget requirement

 

408.420 Recordingdischarge papers

 

408.425 Inspectionof discharge papers

 

408.430 Freeservices to veterans rendered by court administrator or county clerk

 

MISCELLANEOUSVETERANS’ BENEFITS

 

408.440 Landof enlisted person exempt from foreclosure and judicial sale during war

 

408.450 Dutyto pay fees during military duty

 

408.460 Certainclaims payable out of General Fund

 

408.470 Personsentitled to interment in Spanish War Veterans’ plot

 

408.480 Careof veterans ineligible for federal home

 

408.490 Purchaseof United States flags for placement on veterans’ graves

 

408.500 OregonVeterans’ Emergency Financial Assistance Program; rules

 

408.503 Departmentwebsite relating to benefits; reports to Legislative Assembly

 

USEOF PUBLIC FACILITIES BY VETERANS’ ORGANIZATIONS

 

408.540 Useof buildings by veterans’ organizations

 

408.560 Useof public buildings for meetings of veterans’ and auxiliary organizations

 

VETERANSWITH MENTAL ILLNESS

 

408.570 Commitmentof veterans with mental illness to federal veterans facility

 

408.580 Transferof veterans with mental illness from state to federal hospitals

 

BENEFITSTO INDIGENT VETERANS

 

408.710 Indigentveteran defined; effect of property ownership

 

408.720 Taxlevy to finance activities of veterans’ service officer; use of proceeds; useof county general funds

 

408.730 Procedurewhen indigent veterans are cared for by veterans organizations

 

408.740 Appointmentand duties of county veterans’ relief officer

 

408.750 Whencounty court must aid veterans; necessity of veterans organization’s consentbefore sending veterans to poorhouse

 

TASKFORCES RELATING TO VETERANS

 

(Temporaryprovisions relating to Task Force on Veterans’ Reintegration, Task Force onVeterans Transportation and Task Force on Women Veterans’ Health Care arecompiled as notes following ORS 408.750)

 

EDUCATIONALBENEFITS FOR VETERANS

 

408.010“Beneficiary” defined for ORS 408.010 to 408.090. As used in ORS408.010 to 408.090, unless otherwise required by the context, “beneficiary”means any person who served in the active Armed Forces of the United States onor after June 25, 1950, who was relieved or discharged from that service underhonorable conditions and who was also a resident of Oregon at the time theperson applied for benefits under ORS 408.010 to 408.090. “Beneficiary” doesnot include an alien, an alien enemy, a person who avoided combat service byclaiming to be a conscientious objector, a person who served less than 90 daysin the Armed Forces of the United States or a person inducted or enlisted inthe military or naval service who received civilian pay for civilian work. [Amendedby 1957 c.195 §1; 1965 c.517 §1; 1967 c.382 §1; 1993 c.139 §1; 2005 c.831 §1;2007 c.857 §1]

 

408.020Financial aid for educational purposes; limitations on payments and oneligibility for aid.(1) Beneficiaries who desire to pursue an approved course of study orprofessional training in or in connection with any accredited state or otherpublic school or accredited private school or accredited college shall have theright and privilege of state financial aid as provided in ORS 408.010 to408.090.

(2)State financial aid is payable at the rate of $150 per month for each month offull-time study or training and $100 per month for each month of part-timestudy or training.

(3)The total number of monthly payments under subsection (2) of this section maynot exceed the total number of months served in the Armed Forces of the UnitedStates or 36, whichever is less.

(4)The Director of Veterans’ Affairs may permit a beneficiary to attend a schoolor college outside of this state upon a satisfactory showing that the trainingrequired is not available in an accredited institution within this state.

(5)A beneficiary may not receive payments or benefits under ORS 408.010 to 408.090at the same time that the beneficiary is receiving educational aid under anyfederal Act based upon prior service in the Armed Forces. Time spent by a personwho applies for benefits under ORS 408.010 to 408.090 in the army specializedtraining program, the Navy V-12 program or other like training program may notbe counted as service in the Armed Forces within the purview of ORS 408.010. [Amendedby 1967 c.383 §1; 1995 c.343 §38; 2005 c.831 §2; 2007 c.857 §2]

 

408.025 [1955 c.206 §2;1957 c.24 §1; repealed by 2005 c.831 §4]

 

408.030Filing application with educational institution. Any beneficiarywho desires to pursue a course of study or professional training may file, upona form approved by the Director of Veterans’ Affairs, an application with theexecutive head of the institution in which the beneficiary desires to pursuesuch course. In the application the beneficiary shall set forth the date of enlistmentor induction into the service of the United States, the date of discharge, acertified copy of the discharge or document evidencing release from activeduty, the courses of study the beneficiary desires to pursue, and the length oftime the beneficiary intends to pursue such courses. [Amended by 1995 c.343 §39]

 

408.040Handling of application by institution and director; when benefits begin. (1) The personto whom an application is made pursuant to ORS 408.030 shall examine and passupon such application and shall, within 10 days after its receipt by theperson, indorse approval or disapproval thereof. If the application is approvedit shall be forthwith forwarded to the Director of Veterans’ Affairs, who shallcheck it. The director shall determine whether or not the institution oflearning or career school is accredited and if the tuition and other chargesare reasonable. The director shall also determine whether or not theinstitution of learning or career school is reasonably qualified to provide theinstruction desired by the beneficiary. The director shall be satisfied thatthe beneficiary has reasonable qualifications to pursue the course of studychosen and that such course, if satisfactorily completed, is likely to enablethe beneficiary to become a more useful citizen. If all said conditions are metto the satisfaction of the director, the director may approve the applicationand file it in the office of the director; otherwise the director shall denyit.

(2)Upon approval of an application, benefits are payable beginning with the firstday of the applicant’s attendance during the current term of an institution oflearning or career school, after a finding by the director, supported byevidence satisfactory to the director, that any delay in making application wascaused by excusable oversight or neglect. [Amended by 1995 c.343 §40]

 

408.050Monthly statement by institution. On or before the 10th day of eachcalendar month the executive head of the institution of learning or authorizedrepresentative, shall render a duly certified statement to the Director ofVeterans’ Affairs, setting forth the names of the beneficiaries attending theinstitution during the preceding calendar month and the amount of schooling ortraining furnished such beneficiaries in accordance with ORS 408.010 to408.090. The statement shall contain a report of the attendance and generalattitude and aptitude of each beneficiary, and the number of hours ofrecitation, lectures or other training scheduled, and a statement of thebeneficiary’s diligence and progress.

 

408.060Monthly payment of financial aid. (1) The monthly payments provided inORS 408.020 shall be allowed to any beneficiary who is enrolled in an approvedfull-time or part-time course of study or professional training.

(2)Upon receipt of the monthly statement provided for in ORS 408.050, the Directorof Veterans’ Affairs, if the director finds that the monthly statement iscorrect, shall issue a voucher to the Oregon Department of AdministrativeServices which shall draw a warrant on the State Treasurer or make anelectronic transfer in favor of each beneficiary. The warrant or electronictransfer shall be paid out of the funds appropriated for the administration ofORS 408.010 to 408.090. [Amended by 1983 c.740 §129; 2005 c.831 §3; 2007 c.857 §3]

 

408.070Investigation of institutions; rules. (1) The Director of Veterans’ Affairsshall investigate from time to time the institutions or other places wherefinancial aid is being furnished to any beneficiary under ORS 408.010 to408.090 to ascertain whether the spirit of ORS 408.010 to 408.090 is beingcomplied with. If the director determines, after such investigation as thedirector deems necessary, that any such institution or place is not furnishingbona fide courses of instruction to the beneficiary or beneficiaries, or thatany beneficiary is abusing the privileges granted by ORS 408.020, no moneyshall be paid to any beneficiary who is not receiving bona fide instruction orwho is abusing such privileges. In making the investigations, the director mayuse the services of any state or county agency, and the agencies are requiredto render any such service requested by the director.

(2)The director may adopt rules necessary to carry out ORS 408.010 to 408.090. [Amendedby 2007 c.71 §102]

 

408.080 [Amended by1953 c.62 §2; 1957 c.91 §1; repealed by 1961 c.326 §8]

 

408.090Handling of donations. (1) The Director of Veterans’ Affairs, acting onbehalf of the State of Oregon, is authorized to accept any donation, gift,grant, bequest or devise made in furtherance of the purposes of ORS 408.010 to408.090, and if made in cash or its equivalent or reduced thereto, shall bepromptly paid by the director to the State Treasurer, who shall credit theamount so received to the Veterans’ Educational Aid Account in the GeneralFund. The director shall make such disposition of donations, gifts, grants,bequests or devises, not made in cash or its equivalent, as is specified by thedonor thereof, and their earnings and proceeds shall inure to said account. Allsuch donations, gifts, grants, bequests or devises accepted by the director aretransfers exempt from taxes imposed on inheritances under the laws of thisstate.

(2)A