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Michigan Legislature
Michigan Compiled Laws Complete Through PA 178 of 2019
House: Adjourned until Thursday, January 23, 2020 12:00:00 PM
Senate: Adjourned until Thursday, January 23, 2020 10:00:00 AM


Michigan Legislature

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Section 35.1022

VIETNAM VETERAN ERA BONUS ACT (EXCERPT)
Act 370 of 1974


35.1022 Definitions.

Sec. 2.

  As used in this act:
  (a) "Period of service" means that period of time between 12:01 a.m., January 1, 1961, and 12:01 a.m., September 1, 1973.
  (b) "Veteran" means an individual who meets both of the following:
  (i) Is a veteran as defined in section 1 of 1965 PA 190, MCL 35.61.
  (ii) Has completed not less than 190 days of honorable service or is listed as missing in action or died during the period of service from service-connected causes in the army, air, naval, marine, or coast guard forces of the United States including the auxiliary branches, was a resident of this state for not less than 6 months before entering the service or, while on active duty, was a resident of this state for not less than 6 months immediately before January 1, 1961, and has not applied for and received similar benefits from another state for the same period of service. The 190 days required active duty does not include a period when assigned full time by the armed forces to a civilian institution for a course substantially the same as a course offered to civilians; or a period served as a cadet or midshipman at a service academy, active duty for training in an enlistment in the Army or Air National Guard, or as a reserve for service in the Army, Navy, Air Force, Marine Corps, or Coast Guard Reserve, with the exception of those military personnel who converted to active duty immediately upon completion of the initial active duty for training as evidenced by noninterruption in pay status from that of initial active duty for training to that of active duty. The 190 days' active duty requirement shall not apply to a person who died or who received a medical discharge from active military service due to injuries or disease incurred in the line of duty, as verified by the veterans' records or by the Veterans' Administration.
  (c) "Combat veteran" means a veteran listed as missing in action, or a veteran eligible to wear the Vietnam Service Medal or the Armed Forces Expeditionary Medal if eligibility for the award occurred during the period of service.
  (d) "Beneficiary", subject to section 14(2), means in relation to a deceased veteran or a veteran listed as missing in action, the surviving spouse, child or children, or the dependent surviving mother or father in the order named which determination may be made by the probate court of the county of residence of the veteran at the time of death. A surviving parent of a veteran shall be eligible as a dependent of the veteran if that person had a reasonable expectation of support in whole or in part from the veteran and that expectation is stated in the application.
  (e) "Honorable service" means that service as evidenced by:
  (i) Honorable or general discharge, or separation under honorable conditions.
  (ii) In the case of a person who has not been discharged, a certificate from the appropriate service authority that a person did qualify under subparagraph (i) as if the veteran was being discharged or separated.
  Time lost while absent without leave, in desertion, in confinement while undergoing the sentence of a court-martial, or time lost while in a nonduty status because of disease contracted through the veteran's own misconduct shall not be construed as honorable service.
  (f) "Adjutant general" means the adjutant general of this state.
  (g) "Resident" means a person who has acquired a status as follows:
  (i) Was born in and lived in this state until entrance into the armed forces of the United States.
  (ii) Was born in, but was temporarily living outside this state, not having abandoned residence in this state before entrance into the armed forces of the United States.
  (iii) Had resided within this state for at least 6 months immediately before entrance into military service or, while on active duty, was a resident of this state for not less than 6 months immediately before January 1, 1961, and had, before or during this 6 months' period:
  (A) Registered to vote in this state.
  (B) Lived with a parent or person standing in loco parentis who had acquired a residence as set forth in this subdivision, while an unemancipated minor.
  (C) If not registered to vote in this state, was not registered to vote in another state, or had not voted in another state within 6 months before entering service or before January 1, 1961.
  (iv) Information appearing on the discharge documents of the veteran that shows a permanent address for mailing purposes, an address from which employment will be sought, or a home address at time of entry into service in another state, shall not necessarily be construed to mean that the veteran intended to abandon his or her residence in this state for purposes of this act.


History: 1974, Act 370, Imd. Eff. Dec. 23, 1974 ;-- Am. 1975, Act 23, Imd. Eff. Apr. 10, 1975 ;-- Am. 1975, Act 191, Imd. Eff. Aug. 8, 1975 ;-- Am. 1978, Act 491, Imd. Eff. Dec. 1, 1978 ;-- Am. 1979, Act 213, Imd. Eff. Jan. 15, 1980 ;-- Am. 1980, Act 194, Imd. Eff. July 8, 1980 ;-- Am. 2016, Act 201, Eff. Sept. 20, 2016


© 2017 Legislative Council, State of Michigan

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