40.400 Definitions for KRS 40.410 to 40.560.
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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) "Department of Military Affairs" means the office of the adjutant general,
Commonwealth of Kentucky;
(2) "Administrator" means the individual designated by the adjutant general to carry out
the responsibilities of KRS 40.410 to 40.560;
(3) "Armed Forces" 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) "Qualified veteran" means any person whose period of active duty service meets the
criteria set forth in subsection (5) or (6) of this section;
(5) "Qualifying Vietnam service" 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) "Qualifying Vietnam era service" 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) "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 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) "Resident," 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) "Beneficiary" 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) "Widow" means a woman who was the wife of a qualified veteran at the time
of his death;
(b) The term "widow" also includes "widower" in the case of a man who was the
husband of a female qualified veteran at the time of her death;
(11) "Child" 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) "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;
(13) "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;
(14) "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;
(15) "Outside the continental United States" means any place elsewhere than as defined
in subsection (14) of this section;
(16) "Bonus" and "Vietnam veterans' bonus" mean the compensation authorized by KRS
40.410 to 40.560;
(17) "Bonus claim" means a claim or potential claim for a Vietnam veterans' bonus; and <br>(18) "Claimant" 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.
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