35A.8 - EXECUTIVE DIRECTOR -- TERM -- DUTIES -- VETERANS' BONUSES.
35A.8 EXECUTIVE DIRECTOR -- TERM -- DUTIES --
VETERANS' BONUSES.
1. The governor shall appoint an executive director, subject to
confirmation by the senate, who shall serve at the pleasure of the
governor. The executive director is responsible for administering
the duties of the department and the commission other than those
related to the Iowa veterans home.
2. The executive director shall be a resident of the state of
Iowa and an honorably discharged veteran who served in the armed
forces of the United States during a conflict or war. As used in
this section, the dates of service in a conflict or war shall
coincide with the dates of service established by the Congress of the
United States.
3. Except for the employment duties and responsibilities assigned
to the commandant for the Iowa veterans home, the executive director
shall employ such personnel as are necessary for the performance of
the duties and responsibilities assigned to the department and the
commission. All employees shall be selected on a basis of fitness
for the work to be performed with due regard to training and
experience and shall be subject to the provisions of chapter 8A,
subchapter IV.
4. a. The executive director shall provide for the
administration of the bonus authorized in this subsection. The
department shall adopt rules, pursuant to chapter 17A, as necessary
to administer this subsection including, but not limited to,
application procedures, investigation, approval or disapproval, and
payment of claims.
b. (1) Each person who served on active duty in the active,
oceangoing merchant marine service of the United States, at any time
between December 7, 1941, and December 31, 1946, both dates
inclusive, and who served for a period of not less than one hundred
twenty days on or before December 31, 1946, and who at the time of
entering into the merchant marine service was a legal resident of the
state of Iowa, and who had maintained the person's residence in this
state for a period of at least six months immediately before entering
the merchant marine service, and was honorably discharged or
separated from the merchant marine service, is entitled to receive
from moneys appropriated for that purpose the sum of twelve dollars
and fifty cents for each month that the person was on active duty in
the merchant marine service, all before December 31, 1946, not to
exceed a total sum of five hundred dollars. Compensation for a
fraction of a month shall not be considered unless the fraction is
sixteen days or more, in which case the fraction shall be computed as
a full month.
(2) A person is not entitled to compensation pursuant to this
subsection if the person received a bonus or compensation similar to
that provided in this subsection from another state.
(3) A person is not entitled to compensation pursuant to this
subsection if the person was on active duty in the merchant marine
service after December 7, 1941, and the person refused on
conscientious, political, religious, or other grounds, to be subject
to military discipline.
(4) The surviving unremarried widow or widower, child or
children, mother, father, or person standing in loco parentis, in the
order named and none other, of any deceased person, shall be paid the
compensation that the deceased person would be entitled to pursuant
to this subsection, if living, but if any person has died or shall
die, or is disabled, from service-connected causes incurred during
the period and in the area from which the person is entitled to
receive compensation pursuant to this subsection, the person or the
first survivor as designated by this subsection, and in the order
named, shall be paid five hundred dollars, regardless of the length
of service.
c. A person who knowingly makes a false statement relating to
a material fact in supporting an application under this subsection is
guilty of a serious misdemeanor. A person convicted pursuant to this
subsection shall forfeit all benefits to which the person may have
been entitled under this subsection.
d. All payments and allowances made under this subsection
shall be exempt from taxation and from levy and sale on execution.
e. The bonus compensation authorized under this subsection
shall be paid from moneys appropriated for that purpose.
f. A merchant marine bonus fund is created in the state
treasury. The merchant marine bonus fund shall consist of all moneys
appropriated to the fund to pay the bonus compensation authorized in
this subsection. Notwithstanding section 12C.7, interest or earnings
on investments or time deposits of the moneys in the merchant marine
bonus fund shall be credited to the merchant marine bonus fund.
Section 8.33 does not apply to moneys appropriated to the merchant
marine bonus fund.
5. a. The executive director shall provide for the
administration of the bonus authorized in this subsection. The
department shall adopt rules, pursuant to chapter 17A, as necessary
to administer this subsection including but not limited to
application procedures, investigation, approval or disapproval, and
payment of claims.
b. (1) A person who served on active duty for not less than
one hundred twenty days in the armed forces of the United States, and
who served on active duty at any time between July 1, 1973, and May
31, 1975, both dates inclusive, and who at the time of entering into
active duty service was a legal resident of the state of Iowa, and
who had maintained the person's residence in this state for a period
of at least six months immediately before entering into active duty
service, and was honorably discharged or separated from active duty
service, or is still in active service in an honorable status, or has
been retired, or has been furloughed to a reserve, or has been placed
on inactive status is entitled to receive from moneys appropriated
for that purpose the sum of seventeen dollars and fifty cents for
each month that the person was on active duty service in the Vietnam
service area, within the dates specified in this subparagraph, if the
veteran earned either a Vietnam service medal or an armed forces
expeditionary medal-Vietnam or can otherwise establish service in the
Vietnam service area during that period. Compensation under this
subparagraph shall not exceed a total sum of five hundred dollars.
Compensation for a fraction of a month shall not be considered unless
the fraction is sixteen days or more, in which case the fraction
shall be computed as a full month.
(2) A person otherwise qualified under this paragraph "b"
except that the person did not earn either a Vietnam service medal or
an armed forces expeditionary medal-Vietnam, and did not serve in the
Vietnam service area during the period between July 1, 1973, and May
31, 1975, both dates inclusive, is entitled to receive from moneys
appropriated for that purpose the sum of twelve dollars and fifty
cents for each month that the person was on active duty service,
within the dates specified in subparagraph (1). Compensation under
this subparagraph shall not exceed a total sum of three hundred
dollars. Compensation for a fraction of a month shall not be
considered unless the fraction is sixteen days or more, in which case
the fraction shall be computed as a full month.
(3) A person is not entitled to compensation pursuant to this
subsection if the person received a bonus or compensation similar to
that provided in this subsection from another state.
(4) A person is not entitled to compensation pursuant to this
subsection if the person was on active duty service after July 1,
1973, and the person refused on conscientious, political, religious,
or other grounds, to be subject to military discipline.
(5) The surviving unremarried widow or widower, child or
children, mother, father, or person standing in loco parentis, in the
order named and none other, of any deceased person shall be paid the
compensation that the deceased person would be entitled to pursuant
to this subsection, if living. However, if any person has died or
shall die, or is disabled, from service-connected causes incurred
during the period and in the area from which the person is entitled
to receive compensation pursuant to this subsection, the person or
the first survivor as designated by this subparagraph, and in the
order named, shall be paid five hundred dollars or three hundred
dollars, whichever maximum amount would have applied pursuant to
subparagraph (1) or (2), regardless of the length of service.
(6) The maximum compensation a person may receive pursuant to
this subsection shall be reduced by the amount of any Vietnam
veterans bonus received from the state by that person for service
prior to July 1, 1973.{
c. A person who knowingly makes a false statement relating to
a material fact in supporting an application under this subsection is
guilty of a serious misdemeanor. A person convicted pursuant to this
subsection shall forfeit all benefits to which the person may have
been entitled under this subsection.
d. All payments and allowances made under this subsection
shall be exempt from taxation, levy, and sale on execution.
e. The bonus compensation authorized under this subsection
shall be paid from moneys appropriated for that purpose.
f. A Vietnam Conflict veterans bonus fund is created in the
state treasury. The Vietnam Conflict veterans bonus fund shall
consist of all moneys appropriated to the fund to pay the bonus
compensation authorized in this subsection. Notwithstanding section
12C.7, interest or earnings on investments or time deposits of the
moneys in the Vietnam Conflict veterans bonus fund shall be credited
to the bonus fund. Section 8.33 does not apply to moneys
appropriated to the Vietnam Conflict veterans bonus fund. Section History: Early Form
[C79, 81, § 35A.8] Section History: Recent Form
86 Acts, ch 1245, § 1710; 92 Acts, ch 1140, § 10; 92 Acts, ch
1247, § 28; 99 Acts, ch 180, §5; 2000 Acts, ch 1218, §1; 2003 Acts,
ch 145, §148; 2005 Acts, ch 115, §14, 40; 2007 Acts, ch 176, §1, 3;
2007 Acts, ch 202, §6; 2008 Acts, ch 1031, § 21; 2008 Acts, ch 1191,
§ 35, 36, 106
Referred to in § 35A.1, 422.7
Confirmation, see § 2.32
{See 1973 Iowa Acts, ch 64; codified at former chapter 35C, Code
1975