40.010 Definitions for chapter.
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40.010 Definitions for chapter.
As used in this chapter, the following terms have the following respective meanings, <br>unless another meaning is clearly required by the context: <br>(1) "Administrator" means the adjutant general of the Commonwealth; <br>(2) "Veteran" means a person who served in the active Armed Forces of the United
States, during the Spanish American War, World War I, World War II, or the <br>Korean conflict, for a period of ninety (90) days or more (exclusive of time spent <br>AWOL; or in penal confinement as a result of a sentence imposed by court-martial; <br>or in service for which no allowance is made according to KRS 40.040), with some <br>portion of service within the respective hereinafter prescribed dates, who is still in <br>the Armed Forces, or was released, separated, discharged, or retired therefrom <br>under honorable conditions;
(3) "Duty in active Armed Forces" includes active duty, and any period of inactive duty
training during which the individual concerned was disabled; and if a person in the <br>active Armed Forces was released, separated, or discharged therefrom by reason of <br>disability incurred in line of duty before serving as much as ninety (90) days, such <br>person shall be qualified for entitlement to a bonus payment under this chapter, <br>notwithstanding failure to remain in service for the minimum time otherwise <br>prescribed;
(4) "Armed Forces" means the United States Army, Navy, Marine Corps, Air Force,
and Coast Guard, including the reserve components thereof on active duty;
(5) "Qualified veteran" means a person answering to the specifications set forth in
subsections (2) and (3), and who <br>(a) 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
(b) Who has not received a bonus or like compensation from another state; and <br>(c) Who is not subject to the forfeiture provisions of this chapter;
(6) "Resident of the Commonwealth at the time of entry into the active service" means
any person who gave the Commonwealth of Kentucky, or any specific place in this <br>Commonwealth, as his or her place of residence at such time of entry, without <br>regard to the place of enlistment, commission, or induction. Conclusive and <br>exclusive evidence of such 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 the same has been lost, misplaced, or destroyed, 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;
(7) "Resident," in any context other than as in subsection (6), means a legal resident as
determined by generally established principles of law, as may be defined, and <br>subject to proof, according to such regulations as the administrator may promulgate;
(8) "Beneficiary" means, in this order, widow, child or children (sharing equally),
mother, father, and no other;
(9) (a) "Widow" means a woman who was the wife of a veteran at the time of his
death, and who had not deserted him (except where there was a separation <br>which was due to the misconduct of, or procured by, the veteran without the <br>fault of the wife), and who had not remarried, (unless the purported <br>remarriage was void or had been annulled);
(b) The term "widow" also includes "widower" in the case of a man who was the
husband of a female veteran at the time of her death;
(10) "Child" means a person
(a) Who is under the age of eighteen (18); or <br>(b) Who, before attaining the age of eighteen (18) years, became permanently
incapable of self-support; or
(c) Who, after attaining the age of eighteen (18) years and until completion of
education or training (but not after attaining the age of twenty-one (21) years) <br>is pursuing a course of instruction at a bona fide educational institution; and <br>who, in relationship to the veteran, is a child born in lawful wedlock; a legally <br>adopted child; a stepchild who is a member of a veteran's household or was a <br>member at the time of the veteran's death; or a child born out of wedlock, but, <br>as to the alleged father, only if acknowledged in writing signed by him, or if <br>he had, before his death, been judicially decreed to be the father of such child;
(11) "Mother" 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;
(12) "Father" 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;
(13) "In the continental United States" 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;
(14) "Outside the continental United States" means any place elsewhere than as defined
in subsection (13);
(15) "Spanish-American War"
(a) Means the period beginning on April 21, 1898, and ending on July 4, 1902; <br>(b) Includes the Philippine Insurrection and the Boxer Rebellion; and
(c) In the case of a veteran who served with the United States military forces
engaged in hostilities in the Moro Province, means the period beginning on <br>April 21, 1898, and ending on July 15, 1903;
(16) "World War I"
(a) Means the period beginning on April 6, 1917, and ending on November 11,
1918; and
(b) In the case of a veteran who served with the United States military forces in
Russia, means the period beginning on April 6, 1917, and ending on April 1, <br>1920; and
(c) Any service between April 6, 1917, and July 1, 1921, if some part thereof was
between April 6, 1917, and November 11, 1918, both dates being inclusive;
(17) "World War II" means the period beginning December 7, 1941, and ending
December 31, 1946;
(18) "Korean conflict" means
(a) The period beginning on June 27, 1950, and ending July 25, 1953; and <br>(b) Subsequent service until January 31, 1955, if the veteran was qualified for the
Korean medal;
(19) "Bonus" and "veterans' bonus" means the compensation authorized by this chapter; <br>(20) "Bonus claim" means a claim or potential claim for a veterans' bonus; <br>(21) "Claimant" means one who seeks to obtain payment of a bonus claim.
Effective: July 13, 1984 <br>History: Amended 1984 Ky. Acts ch. 16, sec. 1, effective July 13, 1984. -- Amended
1960 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 1, effective September 30, 1960. -- <br>Created 1960 Ky. Acts ch. 15, sec. 3.
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