Section 111.10  General Purpose

 

The intent and purpose of this Act is to make payment of a bonus to any person who was entitled to compensation under the World War II Veterans Compensation Act but who inadvertently failed to make application within the time prescribed in this Act and who has not since received such compensation through a special appropriation. Such person is entitled to receive this bonus from funds made available to the Department of Veterans' Affairs for such purpose.

 

Section 111.20  Eligibility of Persons Who Served in Active Duty

 

Every person who served in active duty in the military or naval service of the United States at any time on or after September 16, 1940, and prior to September 2, 1945 and who:

 

a)         At the time of entering such service, was a resident of the State of Illinois.

 

b)         Is honorably separated or discharged from service, still in active service, has been retired, or has been furloughed to a reserve.

 

c)         Was in such service for a period of at least 60 days.

 

d)         Has received no bonus or compensation from another state of a like nature as is provided in this Act.

 

Section 111.30  Entitlement of Survivors

 

The husband or wife, 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 sum or allowance that such deceased person would be entitled to if living.  In lieu thereof, if any person died while serving in the military or naval forces of the United States during dates specified and his death was service connected, his survivors as herein before designated and in the order named shall be paid regardless of the length of his service.

 

Section 111.40  Certification of Death of Serviceman While in Service

 

If death of serviceman occurred while in service, a certified copy of the letter from the Armed Forces concerned to next of kin must be submitted.

 

Section 111.50  Responsibilities of the Department of Veterans' Affairs

 

The Department of Veterans' Affairs shall make and adopt reasonable rules, not inconsistent with the Act, for expediting the making and processing of applications and the payment of compensation under this Act.

 

Section 111.60  Applications for Compensation

 

Applications for compensation under this Act, must be made to the Department of Veterans' Affairs.  Each application must be supported by a certified true copy or notarized photostatic copy of separation from service in the Armed Forces.  All other evidence must be certified true copies or notarized photostatic copies.

 

Section 111.70  Eligibility for Award of Compensation

 

Eligibility for the award of compensation shall be determined by consideration of the following requirements:

 

a)         Receipt of an application properly executed by a living veteran.

 

b)         Honorable separation as stated on the DD 214 or discharge or honorable service during specified dates if applicant remains in the service.

 

c)         Service for a period of at least 60 days.

 

d)         Residency in the State of Illinois upon entry into service.

 

Section 111.80  Certification of Applicant Who Has Continued in Service

 

If applicant has continued in service and has not received a discharge or has not received a document of separation from active duty, a certification signed by the Adjutant or Personnel Officer of the unit in which the applicant is presently serving must be furnished.

 

Section 111.90  Civilian Work

 

No payment shall be made to any person, who though in the service, did civilian work at civilian pay.

 

Section 111.100  Service in the Merchant Marine

 

Service in the Merchant Marine shall not be considered as service in the Armed Forces for the purpose of this Act.

 

Section 111.110  Application by Beneficiary

 

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 persons through whom claim is made.

 

b)         Child or 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 must prove:

 

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

 

e)         Brothers or Sisters 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 111.120  Evidence of Entitlement of Survivor

 

a)         Evidence of entitlement to payment of the compensation as a survivor of a person killed in World War II must be established as listed in Rule 11.11 (95 Ill. Adm. Code Section 111.110).

 

b)         Where a preceding beneficiary fails to file a proper claim for compensation before the final date set by law for accepting applications, succeeding beneficiaries who have properly filed claims before that time may proceed to qualify upon submission of satisfactory proof of eligibility.

 

Section 111.130  Assignment of Rights to Compensation

 

No assignment of any claim to compensation under this Act shall be valid and no payment shall be made to any person other than the approved applicant.

 

Section 111.140  Compensation for Eligible But Mentally Incompetent Person

 

In the event compensation is payable to a person who is eligible but mentally incompetent, the compensation shall be paid to the person who is constituted his or her guardian, committee, curator or conservator by the laws of the state of residence of the incompetent, or otherwise legally vested with the care of the incompetent.

 

Section 111.150  Payment to Chief Officer of Hospital or Institution for Mentally Incompetent Person

 

If no such committee, guardian, curator or conservator exists, payments shall be made to the Chief Officer of any hospital or institution under the supervision or control of the Veterans Administration or under control of any state of the United States in which such incompetent is placed, if such officer is authorized to accept money for the benefit of the incompetent.

 

Section 111.160  Payment to Veteran

 

Any person entering service on or after September 16, 1940 and on or before September 2, 1945, and serving 60 days of active duty shall receive the minimum compensation of $50.00.  Those serving longer than 60 days active duty shall be paid $10.00 per month for active domestic service and $15.00 per month for active foreign service during the specified dates.  Compensation for a fraction of a month of service shall be paid on the basis of 1/30 of the above monthly amounts for each day of such service.

 

Section 111.170  Payment to Survivors

 

a)         Payment of the sum of $900 will be paid to the survivors, in the order named in Rule 11.03 (95 Ill. Adm. Code Section 110.30), provided the person died while serving in the military or naval forces of the United States during specified period and his death was service-connected.

b)         If death of serviceman occurred while in service, a certified copy of a letter from the Armed Forces concerned to the next of kin must be submitted.

 

Section 111.180  Disallowed Claims

 

All claims disallowed by the Department of Veterans' Affairs shall not hereafter be reviewed except upon application to the Appeals Board of the Department of Veterans' Affairs.  Any claimant whose claim has been denied may request a review by such Board and submit additional evidence if he or she desires.

 

Section 111.190  Definition of Terms Used

 

The following is a definition of the terms used in this Rule:

a)         "Domestic Service" means service within the Continental limits of the United State (excluding Alaska).

b)         "Foreign Service" means all other service.

c)         "Child or Children". The term child or children shall include all legitimate children and legally adopted children.

d)         "Brothers and Sisters". The term brothers and 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.

e)         "Loco Parentis". The term loco parentis shall be limited to a person who stood in the position of a parent and shall not be a corporation or a trust.

f)         "Active Service". The term active service shall exclude time lost for Absent Without Leave or Absent on Leave.

g)         "Service-connected Deaths". The term service-connected, shall mean incurred in the line of duty as determined by the arm of service.

h)         "Mentally Incompetent".  A person found to be incompetent by a court of competent jurisdiction of any state or the District of Columbia or by a adjudication officer of the Veterans Administration.