A697

An Act concerning annual compensation for surviving spouses of certain blind and disabled veterans and amending R.S.38:18-2 and P.L.1947, c.263.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. R.S.38:18-2 is amended to read as follows:

38:18-2. A soldier, who has sustained a total loss of sight as a result of his service during any of the wars mentioned in section 1 of this chapter, shall be paid for the term of his life, and upon his death his surviving spouse shall be paid, provided that the soldier or surviving spouse shall continue as a resident of this State, the sum of $750.00 annually, in monthly payments. Such payments shall be due and payable from the date of discharge or release of the soldier if application therefor shall be made within one year from the date of such discharge or release. If the application shall be made one year from the date of discharge or release of the soldier such payments shall be due and payable from the date of such application. Accrued payments to the date of certification shall be paid in one lump sum.

Payments pursuant to this section shall be due and payable to an eligible surviving spouse from (1) April 9, 1985 in the event the veteran's death occurred prior to that date, or (2) the date of the veteran's death if the death occurred after April 9, 1985, regardless of the date of the surviving spouse's application. Accrued payments to the date of certification shall be paid in one lump sum. The Division of Veterans Programs in the Department of Military and Veterans' Affairs shall notify all surviving spouses who are certified and receiving annual compensation pursuant to this section on the effective date of this act, P.L. , c. (pending before the Legislature as this bill), of the provisions of this act, and shall ensure that the accrued payments are paid in one lump sum within 90 days of the effective date.

(cf: P.L.1985, c.116, s.1)

2. Section 2 of P.L.1947, c.263 (C.38:18A-2) is amended to read as follows:

2. A veteran who served in the active military or naval forces of the United States and who is suffering from paraplegia and has permanent paralysis of both legs and lower parts of the body, or who is suffering from osteochondritis and has permanent loss of the use of both legs, or who is suffering from hemiplegia and has permanent paralysis of one leg and one arm or either side of the body, resulting from injury to the spinal cord, skeletal structure, or brain or who has suffered amputation of both hands, both feet or one hand and one foot, or who has lost the use of both feet or both legs, due to multiple sclerosis, sustained through enemy action, or accident, or resulting from disease contracted while in such active military or naval service, shall be paid for the term of his life, and upon his death his surviving spouse shall be paid, the sum of $750.00 annually in monthly payments. Such payments shall be due and payable from the date of discharge or release of the soldier if application therefor shall be made within one year from the date of such discharge or release. If the application shall be made after one year from the date of discharge or release of the soldier, such payment shall be due and payable from the date of such application. Accrued payments to the date of certification shall be paid in one lump sum.

Nothing in this act shall be intended to include paraplegia or hemiplegia resulting from locomotor ataxia or other forms of syphilis of the central nervous system or from chronic alcoholism, or to include other forms of disease resulting from the veteran's own misconduct which may produce signs and symptoms similar to those resulting from paraplegia, osteochondritis, hemiplegia or multiple sclerosis.

(cf: P.L.1985, c.116, s.3)

3. This act shall take effect immediately and shall be applicable to surviving spouses receiving payments pursuant to R.S.38:18-1 et seq. and P.L.1947, c.263 on the effective date and thereafter.

STATEMENT

This bill requires the payment of the $750 annual compensation payable to a surviving spouse of a blind or severely disabled wartime veteran to begin from the date of the veteran's death, regardless of when the surviving spouse files the application for this benefit. If the veteran died before April 9, 1985, the surviving spouse will be entitled to the annual compensation from that date forward, again regardless of the date of the application. Surviving spouses were first made eligible for this benefit on April 9, 1985 by P.L.1985, c.116.

Under current regulations of the Department of Military and Veterans' Affairs, a surviving spouse is eligible for this benefit from the date of application which for a variety of reasons may be years after the veteran's death. A surviving spouse should not be unfairly denied this benefit due simply to lack of knowledge about the benefit or forgetting to file due to the grief and disruption that occurs following a spouse's death.

This lifetime benefit is statutorily available to a veteran who was blinded in service during any war including specifically World War II and the Korean Conflict, or who was severely disabled as a result of service during any war including specifically World War II, the Korean conflict, or Vietnam, although the department has made this benefit available to veterans who served in other wars or military emergencies. A veteran who applied for this benefit within one year of military discharge received payments beginning with that year. A veteran who applied after that received payments from the date of application presumably because the veteran became blind or severely disabled years after discharge as a result of the injury or disease suffered during the wartime service. This same requirement that payments begin from the date of application should not apply to surviving spouses because at the time of the veteran's death it is known that he or she was blind or severely disabled as a result of wartime service.