35A.8A - VIETNAM CONFLICT VETERANS BONUS -- LIMITED RESIDENCY REQUIREMENT -- APPROPRIATION.
35A.8A VIETNAM CONFLICT VETERANS BONUS -- LIMITED
RESIDENCY REQUIREMENT -- APPROPRIATION.
1. a. A person who served on active duty for not less than
one hundred twenty days in the armed forces of the United States at
any time between July 1, 1958, and May 31, 1975, both dates
inclusive, and who was inducted into active duty service from the
state of Iowa 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
paragraph, 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 paragraph 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.
b. A person otherwise qualified under paragraph "a"
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, 1958, 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 paragraph "a". Compensation under
this paragraph 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.
2. A person otherwise eligible to receive compensation pursuant
to subsection 1 shall be entitled to compensation pursuant to this
section if all of the following requirements are met:
a. The person has not received a bonus or compensation
similar to that provided in this section from this state or another
state.
b. The person was on active duty service after July 1, 1958,
and the person did not refuse on conscientious, political, religious,
or other grounds, to be subject to military discipline.
c. The person made application for a bonus or compensation
similar to that provided in this section from this state and was
denied compensation because the person did not meet applicable
residency requirements.
d. The person files an application for compensation under
this section in a manner determined by the department of veterans
affairs by July 1, 2010.
3. 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 section, 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 section, the person or the
first survivor as designated by this subsection, and in the order
named, shall be paid five hundred dollars or three hundred dollars,
whichever maximum amount would have applied pursuant to subsection 1,
paragraph "a" or "b", regardless of the length of service.
4. A person who knowingly makes a false statement relating to a
material fact in supporting an application under this section is
guilty of a serious misdemeanor. A person convicted pursuant to this
section shall forfeit all benefits to which the person may have been
entitled under this section.
5. All payments and allowances made under this section shall be
exempt from taxation, levy, and sale on execution.
6. The bonus compensation authorized under this section shall be
paid from moneys appropriated for Vietnam Conflict veterans' bonuses.
7. The executive director of the department of veterans affairs
shall provide for the administration of the bonus authorized in this
section. The department shall adopt rules, pursuant to chapter 17A,
as necessary to administer this section including but not limited to
application procedures, investigation, approval or disapproval, and
payment of claims. The department may expend up to one percent of
the moneys appropriated for the bonus compensation authorized under
this section for administrative costs associated with the
requirements of this section.
8. This section is repealed June 30, 2011. Section History: Recent Form
2008 Acts, ch 1131, §1, 3
Referred to in § 422.7