act-1933-1-53•Pennsylvania Act 1933-53 (session 1) — VETERANS' COMPENSATION ACT
Pennsylvania Act 1933-53 (session 1) — VETERANS' COMPENSATION ACT
act-1933-1-531933 Pa. Act 53 (session 1)Law
Act text
"VETERANS' COMPENSATION ACT"
Act of Jan. 5, (1934) 1933, Special Session 1, P.L. 223, No. 53 Cl. 51
Special Session No. 1 of 1933
No. 1933-53
AN ACT
Providing compensation to certain persons who served in the
military or naval forces of the United States during the
World War, the war between the United States and Spain, the
China Relief Expedition, or in the Philippines or Guam;
providing the method of making payment to representatives of
persons who, because of death or incapacity, cannot
personally receive compensation; imposing certain duties on
the Adjutant General; making an appropriation; and repealing
inconsistent legislation; and providing penalties.
Section 1. Veterans' Compensation Act
This act shall be cited as the "Veterans' Compensation Act."
1933, Sp. Sess; Jan. 5, 1934, P.L. 223, Sec. 1.
Section 2. "Veteran," and "Legal Resident of this
Commonwealth," Defined
As used in this act, the word "veteran" includes any
individual, a member of the military or naval forces of the
United States during the war between the United States and
Spain, between the twenty-first day of April, one thousand eight
hundred and ninety-eight, and the thirteenth day of August, one
thousand eight hundred and ninety-eight, or who served in the
China Relief Expedition, in the Philippines or Guam, between the
twenty-first day of April, one thousand eight hundred and
ninety-eight, and the fourth day of july, one thousand nine
hundred and two, or during the World War, between the sixth day
of April, one thousand nine hundred and seventeen, and the
eleventh day of November, one thousand nine hundred and
eighteen; but does not include (a) any individual, at any time
during such periods, or thereafter, separated from such forces
under other than honorable conditions; (b) any conscientious
objector who performed no military duty whatever or refused to
wear the uniform; or (c) any alien, at any time during such
periods, or thereafter, discharged from military or naval forces
on account of his alienage.
The term "legal resident of this Commonwealth" means any
individual who gave the State of Pennsylvania, or any specific
place in this Commonwealth, as his or her place of residence at
the time of entering the military or naval forces of the United
States, for such period, without regard to the place of
enlistment, commission, or induction. The proof of such
residence shall be either the official records on file in the
War Department of the United States, or such other evidence of
bona fide residence as may be deemed sufficient by the Adjutant
General of Pennsylvania. 1933, Sp. Sess; Jan. 5, 1934, P.L. 223,
Sec. 2; 1937 May 28, P.L. 1012, Sec. 1.
Section 3. Compensation; How Computed
Compensation shall be payable under this act to any veteran,
a legal resident of this commonwealth, and shall be computed on
the basis of ten dollars ($10.00) for every month, and major
fraction thereof, of active service in the military or naval
forces of the United States, as shown by the service or other
record of the veteran; except that the compensation of a veteran
who died in active military service during any one of the
periods as set forth in section two of the act shall be two
hundred dollars. No veteran who served less than sixty days
active service shall be entitled to receive any compensation
under this act. Any veteran who was in active service during the
periods specified shall be allowed the per monthly compensation,
as designated, until his separation from service, but no veteran
shall be entitled to receive compensation under this act in a
sum to exceed two hundred dollars ($200.00). 1933, sp. Sess;
Jan. 5, 1934, P.L. 223, Sec. 3.
Section 4. Service for which no Allowance Shall be Made
In computing time in the service for compensation, no
allowance shall be made to:
(a) Any civilian officer or employe of any branch of the
military or naval forces, contract surgeon, cadet of the United
States Military Academy, midshipman of the United States Naval
Academy or of the Coast Guard, member of the Reserve Officers
Training Corps. member of the Students' Army Training Corps
(except as enlisted man detailed to a training detachment of any
of the foregoing), Philippine Scout, member of the Philippine
Guard, member of the Philippine Constabulary, member of the
Puerto Rico Regiment of Infantry, member of the National Guard
of Hawaii, member of the insular forces of the Navy, member of
the Samoan native guard, and band of the Navy, or Indian scout,
in each case, for the period of service as such.
(b) Any member of the Public Health Service, for any period
during which he or she was not detailed for active duty with the
Army, Navy, or Marine Corps.
(c) Any individual granted a farm or industrial furlough,
for the period of such furlough.
(d) Any individual detailed for work in the Spruce
Production Division of the Air Service, for the period during
which his pay was equalized to conform to the pay of civilian
employes in the same or like employment.
(e) Any individual who has received a bonus, gratuity, or
compensation, of a nature similar to that provided for by this
act, from any other state in the Union. 1933, Sp. Sess; Jan. 5,
1934, P.L. 223, Sec. 4; 1935, July 12, P.L. 648, Sec. 1.
Section 5. Effect to be given Applicable Provisions
In computing the compensation of any veteran under this act,
effect shall be given to all subdivisions of section four which
are applicable. 1933, Sp. Sess; Jan. 5, 1934, P.L. 223, Sec. 5.
Section 6. National Guard Veterans of World War
With respect to veterans of the World War, for the purpose of
section three, in the case of members of the National Guard or
the National guard Reserve called into service by proclamation
of the President, the time of service between the date of call
into service, as specified in such proclamation, and the fifth
day of August, one thousand nine hundred and seventeen, both
dates inclusive, shall be deemed to be active service in the
military or naval forces of the United States: Provided, that in
case of members of the National Guard or National Guard Reserve
called into the service by proclamation of the President before
the sixth day of April, one thousand nine hundred and seventeen,
active service in the military or naval forces of the United
States, for the purpose of this act, shall be deemed to commence
on the sixth day of April, one thousand nine hundred and
seventeen. 1933, sp. Sess; Jan. 5, 1934, P.L. 223, Sec. 6.
Section 7. Application for Compensation
Application for compensation shall be made to the Adjutant
General on such forms and in such manner as he shall prescribe.
All applications shall be made (1) personally by the veteran
or (2) in case of death or mental incompetency prevent the
making of a personal application, then by such representative of
the veteran as the Adjutant General shall by regulation
prescribe. An application made by a representative other than
one authorized by such regulation shall be held void.
The Adjutant General shall not accept or consider any
application filed with him after the first day of July, one
thousand nine hundred forty-eight. 1933, Sp. Sess; Jan. 5, 1934,
P.L. 223, Sec. 7; 1935, July 12, P.L. 648, Sec. 1; 1937, April
29, P.L. 543, Sec. 1; 1939, May 11, P.L. 116, Sec. 1; 1941, June
11, P.L. 118, Sec. 1; 1943, March 19, P.L. 20, Sec. 1; 1945,
Feb. 19, P.L. 3, Sec. 1.
Section 8. Statement of Bonus Received
Applicants shall state on their applications whether or not
they have applied for or received a bonus, gratuity, or
compensation, of a nature similar to that provided for by this
act, from any other state in the Union. 1933, Sp. Sess; Jan. 5,
1934, P.L. 223, Sec. 8.
Section 9. Persons to whom Payment Shall be Made in Case of
Death or Mental Incapacity; Presumed Decedent
Whenever, prior to the date of distribution of compensation
under the provisions of this act, a veteran entitled thereto
shall have died or if such veteran shall have been or shall be
determined to have been legally dead by the Federal authorities
under any act for the payment of Federal benefits, or becomes
mentally incapable of receiving his or her compensation, payment
shall be made by the Adjutant General without proceedings in
this commonwealth---
(a) In case of mental incapacity, to the guardian or
committee, if any, of the veteran, or if there be no guardian or
committee, than to the person with whom the veteran lives, or,
in case of a veteran who is hospitalized in a State, county or
Federal institution for mental or nervous diseases, upon order
of the Adjutant General, without regards to the residence of the
veteran, to the person or persons as would be entitled thereto
under the provisions of this act if the veteran were deceased,
and, in the absence of any such claimant, to the superintendent,
manager or person in charge of such State, county or Federal
institution, to be expended for the clothing and incidental
needs of said veteran: Provided, however, That no part of this
compensation shall be paid to any county or State institution
for the maintenance of the veteran. A statement from the
manager, superintendent or person in charge of any State, county
or Federal institution wherein the veteran is a patient, shall
be admitted in evidence to determine the mental condition of the
veteran. Such statement shall set forth that the veteran, due to
his weakness of mind, is liable to dissipate such funds as may
be due him under the provisions of this act, and is apt to
become the victim of designing persons.
(b) In the case of death to the following persons in the
order named: surviving unremarried widow, if such widow was
living with the veteran at the time of his death, or if not so
living with the veteran at the time of his death, if she
establish, to the satisfaction of the Adjutant General, that the
living apart was not due to her wilful act and that she was
actually dependent upon the veteran at the time of his death, or
at any time thereafter and before the fourth day of January, one
thousand nine hundred and thirty-four, or surviving minor child
or surviving minor children share and share alike, or surviving
mother or surviving father. The terms "mother" and "father"
include mothers and fathers through adoption and persons who
have, for a period of not less than one year, acted in the
capacity of a foster parent to the veteran at any time prior to
his or her having attained the age of eighteen (18) years. 1933,
Sp. Sess; Jan. 5, 1934, P.L. 223, Sec. 9; 1935, July 12, P.L.
697, Sec. 1; 1935, July 12, P.L. 655, Sec. 1; 1935, July 12,
P.L. 648, Sec. 1; 1 935, March 20, P.L. 4, Sec. 1; 1937, May 28,
P.L. 1012, Sec. 2.
Section 10. Intent
This act is predicated upon the belief that the people, in
adopting article nine, section sixteen of the Constitution,
authorizing a loan for the payment of compensation to certain
persons who served in the military or naval forces of the United
States, intended compensation to be paid for the service of
veterans whether or not they be living when distribution is
made. If the courts shall hold that the constitutional amendment
cannot be thus construed, then compensation shall be payable out
of borrowed funds to living veterans, and the General Assembly
hereby expresses its conviction that appropriations should be
made during the next five years out of current revenues for the
payment of compensation to widows, orphans, or surviving parents
of deceased veterans until all payments shall have been made
which are contemplated by the provisions of this act. 1933, Sp.
Sess; Jan. 5, 1934, P.L. 223, Sec. 10.
Section 11. Applicant to Designate Beneficiaries
Every person making application for compensation, as herein
provided, shall set forth in his or her application the names
and addresses of all persons who, under this act, would be
entitled to receive the same in the event of the death of the
applicant, and if such applicant shall die before the payment of
such compensation, then such application shall be deemed to
inure to the benefit of the person or persons next entitled
thereto, and payment shall be made to such person or persons
upon proof of identity satisfactory to the Adjutant General. If
all persons designated herein as entitled to compensation shall
die before payment thereof, the right to the compensation shall
cease and determine. Application for compensation made in behalf
of minor children shall be made by the duly appointed guardian
of such children, or by any person who stands in loco parentis
to such minor children, and payments shall be made to such
guardians or persons. 1933, Sp. Sess; Jan. 5, 1934, P.L. 223,
Sec. 11.
Section 12. Exemption from Attachment, Etc.; Assignments to
Veterans' Organizations Veterans' Organizations
No sum payable under this act to a veteran, or to any other
person under this act, shall be subject to attachment, levy, or
seizure under any legal or equitable process, and shall be
exempt from all state taxation. No right to compensation under
the provisions of this act shall be assignable, except as
hereinafter provided, or serve as a security for any loan. Any
assignment or loan made in violation of the Provisions of this
section shall be held void: provided, however, That assignments
to any group or organization of veterans, incorporated or
unincorporated, or to any nonprofit corporation heretofore
formed solely for aiding disabled or incapacitated veterans, and
assignments to the State Veterans' Commission, shall be valid.
The State Veterans' Commission is hereby authorized to accept
such assignments, which shall be treated as confidential, and
the funds realized from such assignments shall be expended by
said commission solely for the aid of needy veterans and their
families. Except as in this section provided, the Adjutant
General shall not direct the payment, nor shall payment be made,
under this act, to any person other than a veteran, or the
representatives of a veteran, as in this act provided. 1933, Sp.
Sess; Jan. 5, 1934, P.L. 223, Sec. 12.
Section 13. Fees for Assisting Veterans; Penalty
Any person who charges or collects, or attempts to charge or
collect, either directly or indirectly, any fee or other
compensation for assisting in any manner a veteran in obtaining
any of the benefits to which he or she is entitled under the
provisions of this act shall be guilty of a misdemeanor, and,
upon conviction thereof, shall be subject to a fine of not more
than five hundred dollars ($500.00), or imprisonment for not
more than one year, or both, at the discretion of the court.
1933, Sp. Sess; Jan. 5, 1934, P.L. 223, Sec. 13.
Section 14. Digest and Explanation of Act
The Adjutant General shall, as soon as practicable after the
approval of this act, prepare and publish a pamphlet or
pamphlets containing a digest and explanation of the provisions
of this act, accompanied by such statements as he believes may
be of assistance to the veterans in filing their applications,
and shall, from time to time, prepare and publish such
additional or supplementary information as may be found
necessary.
The said pamphlet or pamphlets shall be distributed in such
manner as the Adjutant General may determine to be most
effective to inform veterans of their rights under this act, and
the adjutant general shall enlist, as far as possible, the
services of veteran organizations in this Commonwealth in the
dissemination of such information. 1933, Sp. Sess; Jan. 5, 1934,
P.L. 223, Sec. 14.
Section 15. Ascertainment of service; decision of Adjutant
General final
Immediately upon the passage of this act, the Adjutant
General shall ascertain the individuals who are veterans, as
defined in section two, and, as to each veteran, the number of
months of service as defined in section three, for which he or
she is entitled to receive compensation, and his decisions shall
be final and not subject to review by any court or by any other
officer. In all cases not within the express purview of this
act, the decision of the Adjutant General as to payment or
nonpayment of compensation or eligibility therefor shall be in
all things final. 1933, Sp.Sess; Jan. 5, 1934, P.L. 223, Sec.
15.
Section 16. False or fraudulent statements; penalty
Whoever knowingly makes any false or fraudulent statement of
a material fact in any application, certificate, or document,
made under the provisions of this act, or of any regulation made
by the Adjutant General in administering this act, shall be
guilty of a misdemeanor, and, upon conviction thereof, be fined
not more than one thousand dollars ($1,000.00), or undergo
imprisonment of not more than five years, or both, at the
discretion of the court. 1933, Sp.Sess; Jan 5, 1934, P.L. 223,
Sec. 16.
Section 17. Adjutant General to administer act; records
For the purpose of carrying into effect the provisions of
this act, the Adjutant General of the Commonwealth is charged
with the administration thereof, and, for that purpose, he shall
prepare and distribute application blanks, investigate all
claims and applications filed with him and, if satisfied of the
proof of such claim or application, approve the same and direct
payment thereof, and shall make any regulations necessary to the
efficient administration of the provisions of this act.
The books, papers, and records, together with the filing
cases and equipment, procured and used in the administration of
this act shall become a part of the permanent records of the
office of the Adjutant General. 1933, Sp.Sess; Jan. 5, 1934,
P.L. 223, Sec. 17.
Section 18. Printing
All printing necessary to carry out the provisions of this
act shall be done by the Bureau of Publications, on the
requisition of the Adjutant General to the Department of
Property and Supplies. 1933, Sp.Sess; Jan. 5, 1934, P.L. 223,
Sec. 18.
Section 19. Clerical help
The Adjutant General may employ the necessary clerical help
and fix their salaries, and pay for postage and other expenses
incurred in the administration of this act. In all appointments
under this act, preference shall, so far as practicable, be
given to veterans, as defined in this act. 1933, Sp.Sess; Jan.
5, 1934, P.L. 223, Sec. 19.
Section 20. Constitutional construction
The provisions of this act are severable, and if any of its
provisions shall be held unconstitutional, the decision of the
court shall not affect or impair any of the remaining provisions
of the act. It is hereby declared as a legislative intent that
this act would have been adopted had such unconstitutional
provisions not been included therein. 1933, Sp.Sess; Jan. 5,
1934, P.L. 223, Sec. 20.
Section 21. Appropriation
For the purpose of paying for the clerical services, postage,
and other necessary expenses incurred by the Adjutant General in
the administration of this act, the sum of four hundred and
sixty-two thousand six hundred and twenty-five dollars
($462,625.00), or as much thereof as may be necessary, is
specifically appropriated from funds realized from the sale of
bonds issued in conformity with the constitutional amendment
authorizing the creation of indebtedness for the purposes set
forth in this act and other statutes passed in conformity with
said constitutional amendment. 1933, Sp.Sess; Jan. 5, 1934, P.L.
223, Sec. 21.
Section 22. Payment from Veterans' Compensation Fund
The compensation payable under this act shall be paid by the
State Treasurer from the Veterans' Compensation Fund, created or
about to be created by accompanying legislation, upon
requisition by the Adjutant General. 1933, Sp.Sess; Jan. 5,
1934, P.L. 223, Sec. 22.
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