An Act To Update Department of Defense, Veterans and Emergency Management Laws
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, spouses and dependents of veterans are currently receiving educational benefits at state postsecondary institutions; and
Whereas, clarification is required to ensure that those receiving educational benefits will be afforded the time to complete their degree programs; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Sec. 1. 37-B MRSA §504, sub-§4, ¶A-1, as amended by PL 2005, c. 273, §1, is further amended to read:
(1) "Eligible dependent" means the wife, husband, surviving spouse, unmarried minor child, unmarried dependent child enrolled in secondary school or unmarried adult child who became incapable of self-support before reaching 18 years of age on account of mental or physical disabilities.
(2) "Eligible veteran" means any person who:
(a) Served in the active United States Armed Forces and who:
(i) If discharged, received an honorable discharge or a general discharge under honorable conditions, provided that the discharge was not upgraded through a program of general amnesty;
(b) Served in the Maine National Guard and died as a result of injury, disease or illness sustained while serving on active state service as provided in chapter 3, subchapter 3; or
(d) Served in the Reserve Components of the United States Armed Forces and was entitled to retired pay under 10 United States Code, chapter 1223 or would have been entitled to retired pay under chapter 1223 except that the person was under 60 years of age . ; or
(e) Died while serving in the Active Guard Reserve and whose death is determined to be in the line of duty.
Sec. 2. 37-B MRSA §505, sub-§1-A, as enacted by PL 2001, c. 439, Pt. QQ, §2, is amended to read:
Sec. 3. 37-B MRSA §505, sub-§2, ¶A, as amended by PL 2007, c. 167, §6, is further amended to read:
(1) "Child" means a natural child whose mother or father is or was a veteran or a child who was adopted prior to turning 18 years of age and whose adoptive mother or father is or was a veteran and the child who:
(a) Is at least 16 years of age;
(b) Has graduated from high school; and
(c) Enrolled in a degree program and was awarded benefits under this subsection prior to turning 22 years of age and is not over 25 years of age at the time of application for a benefit under this subsection the child's 22nd birthday. If the child is unable to enroll in a degree program prior to turning 22 years of age due to service in the United States Armed Forces, then the child may apply to begin this benefit until reaching 26 years of age. Other requirements must be met as described in paragraph F.
"Child" also means a stepchild who is a member of a veteran's household either at the time of application or, in the event of the veteran's death, at the time of death, and who continues as a member of the household after the death of the veteran. At least 5 years must have elapsed since the veteran married the parent of the stepchild before the stepchild is eligible for educational benefits, and the biological parent of the stepchild must reside in the veteran's household while the stepchild receives educational benefits.
(2) "Spouse" means the person currently legally married to a living veteran or the unremarried widow or widower of a deceased veteran, not previously divorced from that veteran.
Awards under the educational benefits program are authorized to provide benefits to only one spouse per veteran.
(3) "Veteran" means any person who served in the military or naval forces of the United States and entered the service from this State or resided in has been a resident of this State for 5 years immediately preceding application for aid and, if living, continues to reside in this State throughout the duration of benefits administered under the educational benefits program and who:
(a) Has a total permanent disability resulting from a service-connected disability as a result of service;
(b) Was killed in action;
(c) Died from a service-connected disability as a result of service;
(d) At the time of death was totally and permanently disabled due to service-connected disability, but whose death was not related to the service-connected disability; or
(e) Is a member of the Armed Forces on active duty who has been listed for more than 90 days as missing in action, captured or forcibly detained or interned in the line of duty by a foreign government or power.
The continuous residency requirement of this subparagraph does not apply to a person who is receiving educational benefits under this chapter on or before January 1, 2006.
Sec. 4. 37-B MRSA §505, sub-§2, ¶E, as amended by PL 2007, c. 167, §7, is further amended to read:
Sec. 5. 37-B MRSA §505, sub-§6 is enacted to read:
Sec. 6. Retroactivity. That section of this Act that amends the Maine Revised Statutes, Title 37-B, section 505, subsection 2, paragraph E is retroactive to September 1, 2007.
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.