Veterans' Military Pay Act (Excerpt) Act 12 Of 1947


Published: 2015

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VETERANS' MILITARY PAY ACT (EXCERPT)
Act 12 of 1947

35.922 Veterans' military pay act; definitions.

Sec. 2.

As used in this act:

(a) “Period of service” means the period of time between September 16, 1940, and June 30, 1946, and for purposes of section 25, article 10 of the constitution of this state, also means the period of time between June 27, 1950, and the termination of the state of national emergency, which state of national emergency was proclaimed on December 16, 1950.

(b) “Veteran” means each man or woman who has served honorably and faithfully for more than 60 days in the military, naval, marine or coast guard forces of the United States, at any time during the period of service, and who was a resident of the state of Michigan at the time of entering such service and for at least 6 months prior thereto, and who has not applied for or received similar payments from another state.

(c) “Beneficiary” means, in relation to a deceased veteran, the surviving husband or wife, child or children, or the surviving dependent mother, dependent father, dependent person standing in loco parentis, dependent brothers and sisters, 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 on petition of the adjutant general.

(d) “Honorable and faithful service” shall be such service as is evidenced by

(1) an honorable discharge, or

(2) in the case of an officer, a certificate of service, or

(3) in the case of a veteran who has not been discharged, a certificate from appropriate service authority that his service was honorable and faithful.

(e) “Foreign service” means military service by a veteran during the period of service anywhere outside of any state of the United States and the District of Columbia.

(f) “Domestic service” means military service by a veteran during the period of service in any state of the United States and the District of Columbia.

(g) “Adjutant general” means the adjutant general of the state of Michigan.

(h) “Board” means the state administrative board.

(i) “Resident” means a person who has acquired a status as follows:

(1) Was born in and lived in the state of Michigan until entrance into the armed forces of the United States; or

(2) Was born in, but was temporarily living outside the state of Michigan, not having abandoned residence therein prior to entrance into the armed forces of the United States; or

(3) Was born elsewhere but had resided within the state of Michigan for at least 6 months prior to entrance into military service and had prior to or during such 6 months' period

(a) registered for voting in the state of Michigan, or

(b) being an unemancipated minor during such period of residence had lived with a parent or person standing in loco parentis who had acquired a residence as set forth in subparagraphs (1), (2), (3a), (3b) or (3c) of this subsection (i), or

(c) if not registered for voting in the state of Michigan, was not registered for voting in another state: Provided, That applications filed under this act prior to March 18, 1949, which have been rejected by the adjutant general because of non-compliance with the foregoing requirement shall be eligible for allowance despite such non-compliance if the applicant had not voted in another state within 6 months prior to entering service, and had resided in the state of Michigan for at least 6 months prior to entrance into the armed forces of the United States; or

(4) No information appearing on the discharge of the veteran which shows “permanent address for mailing purposes”, “address from which employment will be sought”, and “home address at time of entry into service”, in another state, shall necessarily be construed to mean that the veteran thereby intended to abandon his residence in the state of Michigan for the purpose of this act.

(5) In all other cases than those outlined under subparagraphs (1), (2) and (3) of this subsection (i) complies with the residence requirements set forth in section 23 of article 10 of the state constitution, in accordance with the rules and regulations of the board.


History: 1947, Act 12, Imd. Eff. Mar. 19, 1947

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CL 1948, 35.922

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Am. 1949, Act 270, Imd. Eff. June 7, 1949

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Am. 1951, Act 122, Imd. Eff. June 1, 1951
Compiler's Notes: In subdivision (a) of this section, “section 25, article 10 of the constitution” refers to the Constitution of 1908. See now Const. 1963, Art. IX, § 15.In subdivision (i)(5) of this section, “section 23 of article 10 of the state constitution” refers to the Constitution of 1908. See now Const. 1963, Art. IX, §§ 8, 10, and 11.

© 2015 Legislative Council, State of Michigan