PRINTER'S NO. 3609
No. 2563 Session of 2000
INTRODUCED BY CASORIO, DeWEESE, M. COHEN, BELARDI, BELFANTI,
BEBKO-JONES, PETRARCA, GEORGE, MELIO, DALEY, CORRIGAN, GEIST,
HARHAI, HENNESSEY, HORSEY, KAISER, LEVDANSKY, LUCYK, McCALL,
MICHLOVIC, MYERS, ORIE, PESCI, READSHAW, ROBERTS, ROBINSON,
SCHULER, SOLOBAY, STABACK, THOMAS, WILLIAMS, WOGAN,
WOJNAROSKI, YOUNGBLOOD, BARRAR, BASTIAN AND CLYMER,
MAY 17, 2000
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, MAY 17, 2000
AN ACT
1 Providing compensation to certain persons who served in the
2 Merchant Marine serving the United States or of any of her
3 allies during World War II; providing the method of making
4 payment to representatives of persons who, because of death
5 or incapacity, cannot personally receive compensation;
6 imposing certain duties on the Adjutant General; making an
7 appropriation; and providing penalties.
8 TABLE OF CONTENTS
9 Section 1. Short title.
10 Section 2. Definitions.
11 Section 3. Computation of compensation.
12 Section 4. Time of service.
13 Section 5. Application for compensation.
14 Section 6. Persons to whom payments shall be made in case
15 of death or mental incapacity.
16 Section 7. Applicant to designate beneficiaries.
17 Section 8. Exemption from attachment.
1 Section 9. Penalty for fees for assisting Merchant Marine
2 veterans.
3 Section 10. Digest and explanation of act.
4 Section 11. Ascertainment of service.
5 Section 12. False or fraudulent statements; penalty.
6 Section 13. Administration of act.
7 Section 14. Payment.
8 Section 15. Effective date.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Short title.
12 This act shall be known and may be cited as the World War II
13 Merchant Marine Bonus Compensation Act.
14 Section 2. Definitions.
15 The following words and phrases when used in this act shall
16 have the meanings given to them in this section unless the
17 context clearly indicates otherwise:
18 "Adjutant General." The Adjutant General of the
19 Commonwealth.
20 "Legal resident of this Commonwealth." Any individual who
21 gave the State of Pennsylvania, or any specific place in this
22 Commonwealth, as his or her place of residence at the time of
23 entering the United States Merchant Marine, or of any of her
24 allies, for such period without regard to the place of
25 enlistment, commission or induction. The proof of such residence
26 shall be either the official records on file with the United
27 States Merchant Marine service, or in the Department of Defense
28 of the United States, or on file in the comparable governmental
29 agency of any of her allies, or such other evidence of bona fide
30 residence as may be deemed sufficient by the Adjutant General of
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1 Pennsylvania.
2 "Merchant Marine." The United States Merchant Marine.
3 "Merchant Marine veteran."
4 (1) The term includes any individual who served in
5 active duty in the active oceangoing United States Merchant
6 Marine serving the United States, or of any of her allies
7 during World War II, between December 7, 1941, and December
8 31, 1946.
9 (2) The term does not include:
10 (i) any individual at any time during such periods,
11 or thereafter, separated from the oceangoing United
12 States Merchant Marine under other than honorable
13 conditions;
14 (ii) any individual who renounced his United States
15 States citizenship during such period; or
16 (iii) any individual who was on active duty in the
17 United States Merchant Marine service after December 7,
18 1941, and the person refused on conscientious, political,
19 religious or other grounds to be subject to military
20 discipline.
21 Section 3. Computation of compensation.
22 Compensation shall be payable under this act to any veteran
23 who is a legal resident of this Commonwealth and shall be
24 computed on the basis of $25 for every month and major fraction
25 thereof of active service in the oceangoing Merchant Marine
26 serving the United States, or of any of her allies, as shown by
27 the service or other record of the Merchant Marine veteran for a
28 maximum amount of $1,000, except that the compensation of a
29 Merchant Marine veteran who died in active Merchant Marine
30 military service during the period set forth in section 2 shall
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1 be $1,000. No Merchant Marine veteran who served less than 60
2 days' active service shall be entitled to receive any
3 compensation under this act. Any Merchant Marine veteran who was
4 in active service during the periods specified shall be allowed
5 the per monthly compensation, as designated, until December 31,
6 2001, but no Merchant Marine veteran shall be entitled to
7 receive compensation under this act in a sum to exceed $1,000.
8 Section 4. Time of service.
9 In computing time in the service for compensation, only the
10 time served with a seagoing Merchant Marine shall be considered.
11 Any individual who has received a bonus, gratuity or
12 compensation of a nature similar to that provided by this act
13 from the Commonwealth for other service, from any other state in
14 the Union or from any of the allies of the United States does
15 not qualify for the bonus provided by this act.
16 Section 5. Application for compensation.
17 Application for compensation shall be made to the Adjutant
18 General on such forms and in such manner as the Adjutant General
19 prescribes. Applicants shall state on their application whether
20 or not they have applied for or received a bonus, gratuity or
21 compensation of a nature similar to that provided for by this
22 act from the Commonwealth, any other state or any of the allies
23 of the United States. All applications shall be made personally
24 by the Merchant Marine veteran or, in case of death or mental
25 incompetency preventing the making of a personal application,
26 then by such representative of the veteran as the Adjutant
27 General shall by regulation prescribe. An application made by a
28 representative other than one authorized by such regulation
29 shall be void. The Adjutant General shall not accept or consider
30 any application filed with him after December 31, 2001.
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1 Section 6. Persons to whom payments shall be made in case of
2 death or mental incapacity.
3 Whenever, prior to the date of distribution of compensation
4 under the provisions of this act, a Merchant Marine veteran
5 entitled to the compensation has died, has been or is determined
6 to be legally dead by the Federal authorities under any act for
7 the payment of Federal benefits or becomes mentally incapable of
8 receiving his or her compensation, payment shall be made by the
9 Adjutant General without proceedings in this Commonwealth:
10 (1) In case of mental incapacity to the guardian or
11 committee, if any, of the Merchant Marine veteran, or if
12 there is no guardian or committee, then to the person with
13 whom the Merchant Marine veteran lives, or in case of a
14 veteran who is hospitalized in a Federal, State or county
15 institution for mental or nervous diseases, upon order of the
16 Adjutant General, without regard to the residence of the
17 veteran, to the person or persons who would be entitled to
18 the compensation under the provisions of this act if the
19 veteran is deceased, and in the absence of any such claimant,
20 to the superintendent, manager or person in charge of such
21 Federal, State or county institution to be expended for the
22 clothing and incidental needs of the Merchant Marine veteran,
23 provided that no part of such compensation shall be paid to
24 any Federal, State or county institution for the maintenance
25 of the Merchant Marine veteran. A statement from the manager,
26 superintendent or person in charge of any Federal, State or
27 county institution wherein the Merchant Marine veteran is a
28 patient shall be admitted in evidence to determine the mental
29 condition of the Merchant Marine veteran. Such statement
30 shall set forth that the Merchant Marine veteran, because of
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1 his weakness of mind, is likely to dissipate such funds as
2 may be due him under the provisions of this act and is apt to
3 become the victim of designing persons.
4 (2) In the case of death, to the following persons in
5 the order named:
6 (i) Surviving unremarried widow if such widow was
7 living with the veteran at the time of his death or if
8 not so living with the veteran at the time of his death,
9 if she establishes to the satisfaction of the Adjutant
10 General that the living apart was not due to her willful
11 act and that she was actually dependent upon the veteran
12 at the time of his death, or at any time thereafter and
13 before the final payment shall have been made by the
14 designated authorities.
15 (ii) Surviving minor child.
16 (iii) Surviving minor children, share-and-share
17 alike.
18 Section 7. Applicant to designate beneficiaries.
19 Every person making application for compensation as provided
20 in this act shall set forth on his or her application the names
21 and addresses of all persons who under this act would be
22 entitled to receive the same in the event of the death of the
23 applicant, and, if such applicant dies before the payment of the
24 compensation, then the application shall be deemed to inure to
25 the benefit of the person or persons next entitled to it, and
26 payment shall be made to such person or persons upon proof of
27 identity satisfactory to the Adjutant General. If all persons,
28 designated as entitled to compensation shall die before payment
29 thereof, the right to the compensation shall cease and
30 determine. Application for compensation made in behalf of minor
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1 children shall be made by the duly appointed guardian of such
2 children or by any person who stands in loco parentis to such
3 minor children, and payments shall be made to the guardians or
4 persons.
5 Section 8. Exemption from attachment.
6 No sum payable under this act to a Merchant Marine veteran or
7 any other person under this act shall be subject to attachment,
8 levy or seizure under any legal or equitable process and shall
9 be exempt from all State taxation. No right to compensation
10 under the provisions of this act shall be assignable, except as
11 provided in this act, or serve as a security for any loan. Any
12 assignment or loan made in violation of this section shall be
13 held void; however, assignments to any group or organization of
14 veterans, incorporated or unincorporated, or to any nonprofit
15 corporation, heretofore formed solely for aiding disabled or
16 incapacitated veterans and assignments to the State Veterans'
17 Commission shall be valid. The State Veterans' Commission is
18 hereby authorized to accept such assignments, which shall be
19 treated as confidential, and the funds realized from such
20 assignments shall be expended by the commission solely for the
21 aid of needy veterans, including those of the Merchant Marine,
22 and their families. Except as provided in this section, the
23 Adjutant General shall not direct the payment nor shall payment
24 be made under this act to any person other than a veteran or the
25 lawful representatives of a veteran.
26 Section 9. Penalty for fees for assisting Merchant Marine
27 veterans.
28 Any person who charges or collects or attempts to charge or
29 collect, either directly or indirectly, any fee or other
30 compensation for assisting, in any manner, a veteran in
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1 obtaining any of the benefits to which he or she is entitled
2 under the provisions of this act commits a misdemeanor, and,
3 upon conviction thereof, shall be subject to a fine of not more
4 than $2,500, or imprisonment for not more than one year, or
5 both.
6 Section 10. Digest and explanation of act.
7 The Adjutant General shall, as soon as practicable after the
8 approval of this act, prepare and publish a pamphlet or
9 pamphlets containing a digest and explanation of the provisions
10 of this act, accompanied by such statements as he believes may
11 be of assistance to the Merchant Marine veterans in filing their
12 application and shall from time to time prepare and publish
13 additional or supplementary information as may be found
14 necessary. The pamphlet or pamphlets shall be distributed in
15 such manner as the Adjutant General may determine to be most
16 effective to inform Merchant Marine veterans of their rights
17 under this act. The Adjutant General shall enlist, as far as
18 possible, the services of Merchant Marine veteran organizations
19 in this Commonwealth in the dissemination of such information.
20 Section 11. Ascertainment of service.
21 Immediately upon the passage of this act, the Adjutant
22 General shall ascertain the individuals who are Merchant Marine
23 veterans as defined in section 2 and ascertain as to each
24 Merchant Marine veteran the number of months of service as
25 provided in sections 3 and 4 for which he or she is entitled to
26 receive compensation. His decisions shall be final and not
27 subject to review by any court or by any other officer. In all
28 cases, not within the express purview of this act, the decision
29 of the Adjutant General as to payment or nonpayment of
30 compensation or eligibility shall be in all things final.
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1 Section 12. False or fraudulent statements; penalty.
2 Whoever knowingly makes any false or fraudulent statement of
3 a material fact in any application, certificate or document made
4 under the provisions of this act or of any regulation made by
5 the Adjutant General in administering this act commits a
6 misdemeanor and, upon conviction, shall be fined not more than
7 $10,000 or undergo imprisonment for not more than five years, or
8 both.
9 Section 13. Administration of act.
10 (a) General administration.--The Adjutant General shall
11 administer this act and shall prepare and distribute
12 applications, investigate all claims and applications filed with
13 him and, if satisfied of the proof of such claim or application,
14 approve the application, and direct payment thereof and shall
15 make any regulation necessary to administer this act.
16 (b) Records.--The books, papers and records, together with
17 the filing cases and equipment procured and used in the
18 administration of this act, shall become a part of the permanent
19 records of the office of Adjutant General.
20 (c) Oaths and affirmations.--Employees of the Department of
21 Military and Veterans Affairs, whose specific duty is to aid and
22 assist veterans and their widows, children and dependents in the
23 prosecution of claims before the Department of Veterans Affairs,
24 or other branch of the Federal Government, are hereby authorized
25 and empowered to administer oaths and affirmations in all
26 matters pertaining to and concerning such claims.
27 Section 14. Payment.
28 The compensation payable under this act shall be paid by the
29 State Treasurer from the World War II Merchant Marines Veterans'
30 Compensation Fund to be administered by the State Treasurer and
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1 created with funds realized from revenue collected by the
2 Commonwealth through what is known as the emergency liquor tax
3 and established by the act of June 9, 1936 (1st Sp.Sess.,
4 P.L.13, No.4), entitled, "An act imposing an emergency State tax
5 or liquor, as herein defined, sold by the Pennsylvania Liquor
6 Control Board; providing for the collection and payment of such
7 tax; and imposing duties upon the Department of Revenue and the
8 Pennsylvania Liquor Control Board," and shall be appropriated
9 each year to the fund. Any revenue from the fund unappropriated
10 by December 31, 2001, each year shall be credited to the General
11 Fund. Payments under this act shall be made as soon as possible
12 after funds thereof are available.
13 Section 15. Effective date.
14 This act shall take effect immediately.
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