50:04:01:01.  Definitions. Terms used in this article, in SDCL 33A-2-10 to 33A-2-31, inclusive, or in any related document used by the commission in connection with the administration of the provisions of SDCL 33A-2-10 to 33A-2-31, inclusive, mean:

          (1)  "Mother" or "father," the natural or adoptive mother or father of a deceased veteran;

          (2)  "Foster father" or "foster mother," a man or woman who has performed the duties of a parent to a veteran who was born the child of another by rearing the veteran as his or her own child;

          (3)  "Honorable discharge" or "a discharge under honorable conditions," release from military service of a person who has been separated from service in the armed forces under honorable conditions or who, having been dishonorably discharged, has had the discharge restored to honorable status; and

          (4)  "Bonus," "gratuity," or "compensation of a nature similar to that provided by SDCL 33A-2-10 to 33A-2-31, inclusive," any payment of money, regardless of the amount, which is provided as a gratuity, gift, compensation, or bonus by any other state for a veteran who was in active service during any time or place as outlined in SDCL 33A-2-13, and which is based on the service of the veteran in the armed forces of the United States during such a period or place of service.

          Source: 18 SDR 71, effective October 21, 1991; 38 SDR 58, effective October 19, 2011.

          General Authority: SDCL 33A-2-25.

          Law Implemented: SDCL 33A-2-10, 33A-2-20, 33A-2-25.

          50:04:02:01.  Bonus meetings. Repealed.

          Source: 18 SDR 71, effective October 21, 1991; repealed, 38 SDR 58, effective October 19, 2011.

          50:04:02:02.  Bonus meeting records. Repealed.

          Source: 18 SDR 71, effective October 21, 1991; repealed, 38 SDR 58, effective October 19, 2011.

          50:04:02:03.  Commission voting. Repealed.

          Source: 18 SDR 71, effective October 21, 1991; repealed, 38 SDR 58, effective October 19, 2011.

          50:04:02:04.  Secretary's duties. The secretary of veterans' affairs, shall carry out bonus-related duties. The secretary shall supervise and direct all activities relating to receiving and processing applications for bonus benefits; shall determine in accordance with SDCL 33A-2-10 to 33A-2-31, inclusive, which applications are proper to allow or to disallow; shall supervise payment of bonuses; and shall verify persons to whom such payments will be made.

          Source: 18 SDR 71, effective October 21, 1991; 38 SDR 58, effective October 19, 2011.

          General Authority: SDCL 33A-2-25.

          Law Implemented: SDCL 33A-2-11, 33A-2-12, 33A-2-25.

          50:04:03:02.  Applications by or on behalf of veterans. A bonus application by a living veteran shall be made by the veteran, unless the veteran is mentally incompetent to make the application. If the veteran is the ward of a legally appointed and acting guardian, the application for bonus shall be completed by the guardian on behalf of the veteran. At the place on the application form provided for the applicant's signature, the guardian shall sign the ward's name and the guardian's own name, followed by language to indicate the guardianship, and the guardian shall swear to the veracity of the statements included in the application. The guardian shall also submit proof of status as guardian.

          A bonus application filed pursuant to SDCL 33A-2-23 shall be completed on behalf of the incompetent veteran. At the place on the application form providing for the signature of the applicant, the guardian, committee, curator, conservator, chief officer of hospital or institution, or any other person so designated by the secretary shall be accompanied by a written statement by the person briefly describing the incompetent veteran and stating an address to which mail for the guardian, curator, committee, conservator, chief officer of hospital or institution, or person designated by the secretary shall be directed.

          Source: 18 SDR 71, effective October 21, 1991; 38 SDR 58, effective October 19, 2011.

          General Authority: SDCL 33A-2-25.

          Law Implemented: SDCL 33A-2-13, 33A-2-17, 33A-2-22, 33A-2-23, 33A-2-24, 33A-2-25.

          50:04:03:03.  Applications by or on behalf of dependents of deceased veterans. A bonus application filed by a dependent of a deceased veteran pursuant to SDCL 33A-2-17 shall be made in an order of preference as follows: spouse, child, mother, father, foster mother, foster father.

          If a dependent of a deceased veteran entitled to a bonus is a ward of a legally appointed and acting guardian, only the guardian may apply on behalf of the ward. An application by such a guardian shall be completed by the guardian on behalf of the ward, except that at the place on the application form provided for the applicant's signature, the guardian shall sign the ward's name and the guardian's own name, followed by words to indicate the guardianship; shall swear to the veracity of the information contained in the application; and shall submit proof of status as guardian.

          If a dependent of a deceased veteran entitled to a bonus is a minor or is mentally incompetent to apply and if the dependent is not the ward of a legally appointed and acting guardian, the application may be made by and the bonus paid to the person or entity who is the committee, curator, or conservator under the laws of the state of residence of the incompetent or who is otherwise legally vested with the care of the incompetent. If there is no committee, curator, conservator, or other individual or entity, application may be made by and the bonus paid to the chief officer of the hospital or institution in which the incompetent is placed if the officer is authorized to accept funds for the benefit of the incompetent. If the incompetent is not in a hospital or institution, application shall be made by the person designated by the Secretary of Veterans' Affairs to have assumed the major responsibility for care of the incompetent. Any payment may be held or used only for the benefit of the incompetent. Such an application shall be made as in the case of any other application made on behalf of another. The application shall be accompanied by a written statement by the designated person briefly describing the minor or incompetent person and stating an address to which related mail shall be directed.

          If there is no surviving spouse of a deceased veteran, but there is more than one living child of the deceased veteran, an application for a bonus may be made by or on behalf of each child separately or by or on behalf of two or more children jointly.

          If a bonus is payable to a minor widow of a deceased veteran, payment of the bonus shall be made directly to the minor widow.

          If there is no person entitled to apply for the benefits under SDCL 33A-2-10 through 33A-2-31, inclusive, no claim exists and no payment may be made.

          Source: 18 SDR 71, effective October 21, 1991; 38 SDR 58, effective October 19, 2011.

          General Authority: SDCL 33A-2-25.

          Law Implemented: SDCL 33A-2-13, 33A-2-17, 33A-2-22, 33A-2-23, 33A-2-24, 33A-2-25.

          50:04:03:06.  Division of proceeds among children. If a bonus is payable to the two or more children of a deceased veteran, each child is entitled to a share based on the total amount of the bonus awarded, divided by the number of such children living at the time of award.

          Source: 18 SDR 71, effective October 21, 1991; 38 SDR 58, effective October 19, 2011.

          General Authority: SDCL 33A-2-25.

          Law Implemented: SDCL 33A-2-13, 33A-2-24, 33A-2-25.

          50:04:04:02.  Review by secretary. Within 120 days after receiving notice of a bonus determination or the amount of a bonus allowed under the claim, an applicant who is dissatisfied may request a review of the claim by the secretary of the S. D. Department of Veterans' Affairs. The applicant shall state clearly and concisely the reason for the request. The request may be accompanied by additional evidence or information to substantiate the applicant's claim. Upon receipt of the request, the secretary shall review the claim. As a result of the review, the secretary may confirm or reverse the initial determination or may schedule an informal hearing in an effort to resolve the issues involved.

          Source: 18 SDR 71, effective October 21, 1991; 38 SDR 58, effective October 19, 2011.

          General Authority: SDCL 33A-2-25.

          Law Implemented: SDCL 33A-2-12, 33A-2-25, 33A-2-29.

          50:04:04:03.  Hearing procedures. An informal hearing on a bonus claim requested pursuant to § 50:04:04:02 may be conducted by the secretary of veterans' affairs or by a designee. Informal hearings may be held in Pierre or elsewhere in the state to serve, as far as practicable, the convenience of the applicant. At least 15 days written notice of the time and place of the hearing shall be given to the applicant by certified mail sent to the last address of record, unless the applicant has waived the notice in writing. Upon completion of the review and informal hearing, the secretary may affirm, reverse, or modify the original determination. Notice of the redetermination shall be sent to the applicant by certified mail at the last address of record.

          Source: 18 SDR 71, effective October 21, 1991; 38 SDR 58, effective October 19, 2011.

          General Authority: SDCL 33A-2-25.

          Law Implemented: SDCL 33A-2-12, 33A-2-25.

          50:04:04:04.  Appeal to commission. Repealed.

          Source: 18 SDR 71, effective October 21, 1991; repealed, 38 SDR 58, effective October 19, 2011.

          50:04:04:05.  Confidentiality. Information obtained by any employee of the Department of Veterans' Affairs concerning any person who has filed an application for bonus, any claim for such a bonus, or any action on such a bonus is confidential information and may not be disclosed unless the employee is ordered to disclose the information by a court of competent jurisdiction.

          Source: 18 SDR 71, effective October 21, 1991; 38 SDR 58, effective October 19, 2011.

          General Authority: SDCL 33A-2-25.

          Law Implemented: SDCL 33A-2-12, 33A-2-25.

          50:04:05:01.  Legal status of bonuses. The right to award of a bonus is not subject to moneys and credit taxation, to claims of creditors, or to assignment, nor may such a right be deemed an asset, either legal or equitable, of the estate of a deceased veteran.

          Source: 18 SDR 71, effective October 21, 1991; 38 SDR 58, effective October 19, 2011.

          General Authority: SDCL 33A-2-25.

          Law Implemented: SDCL 33A-2-25, 33A-2-30.