Section 105.10  General Purpose

 

The intent and purpose of this Act is to make payment of a bonus to every person on active duty with the Armed Forces of the United States or Employed by the United States Government on or after January 1, 1961, who was taken and held prisoner by hostile forces in Southeast Asia.  Such person is entitled to receive compensation of $50.00 for each month or portion thereof he was held if he had been a resident of the State of Illinois for at least 12 months immediately preceding his entry into the Armed Forces of the United States, or preceding his employment by the United States Government and he is still on active service, is honorably separated or discharged from the Armed Forces, has been furloughed to a reserve unit or has been retired, or is still employed by the United States Government or has resigned or retired from such employment as the case may be.  This bonus is also payable to survivors or beneficiaries of deceased persons who would have been entitled to such payment, if living.

 

Section 105.20  Responsibilities of the Department of Veterans' Affairs

 

The Department of Veterans' Affairs therefore has these responsibilities:

 

a)         To adopt general rules for making such payment.

 

b)         To ascertain amount persons are entitled.

 

c)         To ascertain and select the proper beneficiaries and the amount to which such beneficiaries are entitled.

 

d)         To the best of its ability, disburse the funds in accordance with the authority vested under the Act.

 

Section 105.30  Application for Payment

 

Application for payment of the Viet Nam Prisoner of War Compensation must be made to the Department and no payment shall be made under this Act except on applications received by the Department of Veterans' Affairs before that date.

 

Section 105.40  Support of Application

 

Each application must be supported by a certified true copy or notarized photostatic copy of the DD Form 214 or such other document showing period of time held prisoner by hostile forces in Southeast Asia, or Armed Forces Certificate if still in service, or certified statement from the United States Government pertaining to employment.  All other supporting evidence must be certified true copies or notarized photostatic copies.

 

Section 105.50  Proof of Being Held Prisoner

 

Every person on active duty with the Armed Forces of the United States or employed with the United States Government on or after January 1, 1961, and showing proof of being taken and held prisoner by hostile forces in Southeast Asia, is entitled to receive compensation.

 

Section 105.60  Other Proof of Eligibility

 

Applicant must also show proof of the following:

 

a)         Residency within the State of Illinois for at least 12 months immediately preceding entry into the Armed Forces or employment by the United States Government.

 

b)         Applicant is still on active services; is honorably separated or discharged from the Armed Forces; has been furloughed to a reserve unit; has retired or is still employed by the United States Government as the case may be.

 

Section 105.70  Bonus Paid in Addition to Other Compensation

 

This bonus is to be paid in addition to any other compensation to which the recipient is entitled.

 

Section 105.80  Honorable Separation

 

The DD 214 or Discharge must state "Honorable" or "Under Honorable Conditions".

 

Section 105.90  Continuation of Service

 

If applicant has continued in service and has not received a discharge or has not received a document of separation from active duty served at any time on or after January 1, 1961, a certification signed by the Adjutant or Personnel Officer of the unit in which the applicant is presently serving must be furnished.

 

Section 105.100  Certificate of Continuous Service

 

The certificate must state:

 

a)         The name of the applicant.

 

b)         The applicant has served under honorable conditions for all periods of continuous active duty from date of entry into active duty to the present.

 

c)         He was held prisoner of hostile forces in Southeast Asia and give dates held in captivity.

 

Section 105.110  Illinois Residency

 

The serviceman or government employee must have been a resident of the State of Illinois at least 12 months immediately preceding such entry into service.

 

Section 105.120  Beneficiary Payments

 

The widow or widower, child or children, mother, father, person standing in loco parentis, brothers and sisters, in the order named, of any deceased person shall be paid the compensation to which the deceased person would be entitled under Section 1 of this Act (Ill. Rev. Stat. 1979, ch. 126½, pars. 97.61 et seq.), if living.

 

Section 105.130  Failure of Preceding Beneficiary to File Claim for Compensation

 

Where a preceding beneficiary fails to file a claim for compensation after the official notice of death the Department of Veterans' Affairs may proceed to process applications from succeeding beneficiaries and such beneficiaries may then proceed to qualify upon submission of satisfactory proof of eligibility.

 

Section 105.140  Proof of Death

 

The beneficiary making application for payment of compensation shall furnish the following proof:

 

a)         Husband or Wife making application must prove:

 

1)         Death of person rendering service (Photostatic or certified copy of official notification of death should be attached).

 

2)         Marriage of the parties, and that such marriage existed at the time of death of person through whom claim is made.

 

b)         Child or Children (including all legitimate Children and legally adopted Children) making application must prove:

 

1)         Death of person rendering service. (See (a)(1) of this Section)

 

2)         Marriage of deceased and other parent of Child or Children.

 

3)         That surviving spouse is dead, or was divorced.  (Certified copy of death certificate or divorce decree shall be attached.)

 

c)         Mother, Father making application must prove:

 

1)         Death of person rendering service. (See (a)(1) of this Section)

 

2)         That such person was unmarried, or if married that spouse of such person is dead or was divorced. (See (b)(3) of this Section)

 

3)         That if such person is married there were no children, or if there were children, all are dead.  (Photostatic copy of death certificate must be attached.)

 

4)         If Father is the applicant, that Mother is dead.  (Photostatic copy of death certificate must be attached.)

 

5)         That the deceased, upon whose service claim is made, was the son or daughter of the claimant. (Photostatic copy of birth certificate.)

 

d)         Person Standing In Loco Parentis (limited to a person who stood in the position of a parent and shall not be a corporation or a trust) must prove:

 

            That he or she stood in relation of parent toward person rendering service and comply with (1) through (5) Mother, Father of this Section.

 

e)         Brothers or Sisters (in addition to its ordinary meaning shall include Brothers and Sisters of the "whole" blood as well as the "half" blood, having a common parent with the deceased veteran.) must prove:

 

1)         See (a)(1), of this Section, Husband or Wife.

 

2)         See (c), same as (1) through (5), of this Section, Mother, Father.

 

3)         That both the Mother and Father of the person rendering service are dead, and that no one stood in relation of parent to the person through whom the claim is made.  (Photostatic copies of death certificates will suffice to prove death; affidavits of responsible persons having knowledge of the facts should be sufficient to show that no one stood in loco parentis toward the deceased veteran.)

 

4)         That relationship of brother or sister existed between the applicant or applicants and person rendering service. (Affidavits of responsible persons shall accompany the application.)

 

Section 105.150  Assignment of Right to Compensation

 

No right or claim to compensation under this Act shall be assigned and no payment shall be made to any person other than the approved applicant.

 

Section 105.160  Mentally Incompetent

 

In the event the person to whom compensation is payable under this Act is mentally incompetent, it shall be paid to the person legally vested with the care of such incompetent under the laws of his State of residence. If no such person has been so designated for the incompetent, payment shall be made to the chief officer of any hospital or institution under the supervision or control of any State or of the Veterans Administration of the United States in which such incompetent is placed, if such officer is authorized to accept monies for the benefit of the incompetent.  Any payments so made shall be held or used solely for the benefit of the incompetent.

 

Section 105.170  Definition of Incompetent

 

A mentally incompetent person is a person found to be incompetent by a court of competent jurisdiction of any State or the District of Columbia or by any adjudication officer of the Veterans Administration of the United States.

 

Section 105.180  Payments

 

Applications having been found to meet the requirements of eligibility payment will be made in the amounts indicated in Section 2 of the Act.  No payment will be made to persons who have received from another state a bonus or compensation of a like nature as is provided in the Act.  This bonus is in addition to any other compensation.

 

Section 105.190  Disallowed Claims

 

All claims disallowed by the Department of Veterans' Affairs shall not hereafter be reviewed except upon application to the Appeal Board of the Department of Veterans' Affairs.

 

Section 105.200  Review Request for Disallowed Claims

 

Any claimant whose claim has been denied may request a review by such panel and submit additional evidence if he so desires within 12 months from date of disallowed claim.