CHAPTER 50:04:03
BONUS APPLICATIONS
Section
50:04:03:01 Application forms.
50:04:03:02 Applications by or on behalf of veterans.
50:04:03:03 Applications by or on behalf of dependents of deceased veterans.
50:04:03:04 Accompanying documents for applications by living veterans.
50:04:03:05 Accompanying documents for applications by survivors of deceased veterans.
50:04:03:06 Division of proceeds among children.
50:04:03:07 Repealed.
50:04:03:08 Repealed.
50:04:03:01. Application forms. An application for payment of a bonus shall be sent to the S. D. Department of Veterans' Affairs. The application shall be submitted on a form provided by the department. An application form may be obtained at any office of any county/tribal veterans' service officer in the state, from any other organization cooperating to assist with bonus payments, or by contacting the S. D. Department of Veterans' Affairs.
Source: 18 SDR 71, effective October 21, 1991; 38 SDR 58, effective October 19, 2011; 45 SDR 45, effective October 9, 2018.
General Authority: SDCL 33A-2-25.
Law Implemented: SDCL 33A-2-25, 33A-2-27.
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.
50:04:03:04. Accompanying documents for applications by living veterans. A bonus application shall be accompanied by a copy of the veteran's original discharge or separation papers or a copy of the veteran's original certificate, in lieu of missing original discharge or separation papers.
A bonus application completed by or on behalf of a living veteran who has not separated from service in the armed forces of the United States and who remains in the service shall include documentation from the commanding officer stating that the veteran's active service in the armed forces is verified by the veteran's service record.
A bonus application on which it appears that the name of a living veteran by whom, or in whose behalf, the application is made is different from the name under which the veteran served in the armed forces shall be accompanied by a copy of any relevant official document explaining the difference in name.
Source: 18 SDR 71, effective October 21, 1991; 38 SDR 58, effective October 19, 2011; 45 SDR 45, effective October 9, 2018.
General Authority: SDCL 33A-2-25.
Law Implemented: SDCL 33A-2-13, 33A-2-24, 33A-2-25.
50:04:03:05. Accompanying documents for applications by survivors of deceased veterans. A bonus application pursuant to the provisions of SDCL 33A-2-17 that is based on service of a deceased serviceman who died while serving on active duty shall be accompanied by a copy of the original official notification of death by the government of the United States or, in the case of the veteran's death after separation from active duty, verification from the United States Department of Veterans' Affairs that the veteran's death was due to injuries suffered or illness incurred in military service. Such prior determination by the United States Department of Veterans' Affairs is conclusive and may not be challenged.
A bonus application by a surviving spouse of a deceased veteran shall be accompanied by a copy of the original marriage certificate or license granted to the veteran and the spouse.
A bonus application by or on behalf of a child or children of a deceased veteran shall be accompanied by a copy of the original birth certificate for each child, or children of the veteran who are applying, or by a copy of the original court order for the legal adoption of any adopted child or children.
A bonus application by a parent of a deceased veteran shall be accompanied by copies of official birth and death documents. In the case of an adoptive parent, a copy of the order of adoption may be furnished in lieu of a birth certificate. If application is made by a foster mother or foster father, the applicant shall furnish, by the applicant's own affidavit and the affidavits of two disinterested persons, facts showing existence of a relationship of foster parent and child between the applicant and the veteran. Proof of death of the deceased veteran also shall be furnished by foster parent applicants.
Source: 18 SDR 71, effective October 21, 1991; 38 SDR 58, effective October 19, 2011; 45 SDR 45, effective October 9, 2018.
General Authority: SDCL 33A-2-25.
Law Implemented: SDCL 33A-2-13, 33A-2-24, 33A-2-24.
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.
50:04:03:07 Eligibility of national guard and reserve personnel. Repealed.
Source: 19 SDR 114, effective February 7, 1993; 38 SDR 58, effective October 19, 2011; 45 SDR 45, effective October 9, 2018.
50:04:03:08. Eligibility of recipients of Navy or Marine Corps Expeditionary Medal. Repealed.
Source: 20 SDR 45, effective October 5, 1993; 38 SDR 58, effective October 19, 2011; 45 SDR 45, effective October 9, 2018.
