Chapter 751. To amend the World War Adjusted Compensation Act
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CHAP. 751.— An Act To amend the World War Adjusted Compensation Act.July 3, 1926.[[H. R. 10277](/us/bill/69/hr/10277).][[Public, No. 472](/us/pl/69/472).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,World War Adjusted Compensation Act amendments.Application for benefits to be filed in department of last service.Vol. 43, p, 123, amended. That section 302 of the Work! War Adjusted Compensation Act is amended, to take effect as of May 19, 1924, to read as follows: " “ Sec. 302.
(a)A veteran may receive the benefit to which he is entitled by application claiming the benefits of this Act, filed with the Secretary of War, if he is serving in, or his last service was with, the military forces; or filed with the Secretary of the Navy, if he is serving in, or his last service was with, the naval forces. “(b) Before January 1, 1928.Personally by veteran. unless physically disqualified. Such application shall be made and filed on or before January 1, 1928,
(1)personally by the veteran, or
(2)in case physical or mental incapacity prevents the making or filing of a personal application, then by such representative of the veteran and in such manner as may be by regulations prescribed. An application made by By other than representative, etc., void.a person other than the representative authorized by any such regulation, or not filed on or before January 1, 1928, shall be held void. It veteran die.*Proviso*.Application by widow, if not made by veteran.If the veteran dies after the application is made and before it is filed it may be filed by any person: *Provided, however*, That if the veteran died between May 19, 1924, and July 1, 1924, without making the application, leaving a widow surviving him, the application may be made by the widow and shall be valid with the same force and effect in every respect as if the application had been made by the veteran. “(c) Validity if veteran die after application made. If the veteran dies after the application is made, it shall be valid if the Secretary of War or the Secretary of the Navy, as the case may be, finds that it bears the bona fide signature of the applicant, discloses an intention to claim the benefits of this Act on behalf of the veteran, and is filed on or before January 1, 1928, whether or not the veteran is alive at the time it is filed. If the Disposition if dependent paid and application filed thereafter.veteran dies and payments are made to his dependents under Title VI, and thereafter a valid application is filed under this section, then if the adjusted service credit of the veteran is more than $50,827 payment shall be made in accordance with Title V, less any amounts already paid under Title VI. “(d) The Secretary of War and the Secretary of the Navy shallAdministrative regulations to be made. jointly make any regulations necessary to the efficient administration of the provisions of this section,” " Sec. 2. Section 303 of such Act is amended to read as follows:Vol. 43, p. 124, amended.Certificate of service to be transmitted. " “ Sec. 303
(a)As soon as practicable after the receipt of a valid application the Secretary of War or the Secretary of the Navy, as the case may be, shall transmit to the Director of the United States Veterans’ Bureau (hereinafter in this Act referred to as the Director) the application and a certificate setting forth— “(1) That a valid application has been received;Contents. “(2) That the applicant is a veteran; “(3) His name and address; “(4) The date and place of his birth; and “(5) The amount of his adjusted service credit. “(b) Upon receipt of such certificate the Director shall proceedBenefits extended on receipt thereof.Vol. 43, p. 125.Exemptions.Vol. 43, p. 125, amended.Sums payable hereunder not subject to attachment, taxation, indebtedness to United States, etc. to extend to the veteran the, benefits provided for in Title IV or V.” " Sec. 3.
(a)Section 303 of such Act is amended, to take effect as of May 19, 1924, to read as follows: " “ Sec. 308. No sum payable under this Act to a veteran or his dependents, or to his estate, or to any beneficiary named under Title V, no adjusted service certificate, and no proceeds of any loan made on such certificate shall be subject to attachment, levy, or seizure under any legal or equitable process, or to National or State taxation, and no deductions on account of any indebtedness of the veteran to the United States shall be made from the adjusted service credit or from any amounts due under this Act.” "
(b)As used in this section the term “ original credit ” meansMeaning of “original credit.” the amount of the adjusted service credit computed under the World War Adjusted Compensation Act before its amendment by this Act, less amounts deducted on account of any indebtedness of the veteran to the United States; and the term “ new credit ” means the amount“New credit.” of the adjusted service credit computed under such Act as amended by this Act, without such deduction.
(c)If the veteran is alive at the time of the enactment of thisConsideration of excess of new credit over original credit, if veteran alive. Act and the benefits of the World War Adjusted Compensation Act have been extended to him, then any excess of the new credit over the original credit shall be considered as if it were a separate adjusted service credit and the benefits of such Act shall be extended in respect thereof according to the terms of such Act as amended by this Act.
(d)If the veteran has died before the enactment of this Act andIf veteran died before making application, payments to dependents. before making application under section 302 of the World War Adjusted Compensation Act, then if any part of the original credit has been paid to the dependents of the veteran, any remaining part shall be paid as provided in Title VI of such Act as amended by this Act, and any excess of the new credit over the original credit shall be paid in cash in a lump sum to the dependents as provided in Title VI of such Act as amended by this Act.
(e)If the veteran has died before the enactment of this Act afterIf veteran died after making application. having made application, then—
(1)If the original credit was not over $50 and the new credit isIf neither credit over $50. not over $50 payment shall be made as provided in subdivision (d).
(2)If the original credit was not over $50 and the new credit isIf original not over $50, and new exceeds $50. over $50 then the face value of an adjusted service certificate computed on the basis of the new’ credit shall be paid to the beneficiary named, or, if the beneficiary died before the veteran and no new beneficiary was named or if no beneficiary was named in the application, then to the estate of the veteran. If in any such case828 any payments have already been made to the veteran or his dependents, the amount of such payments shall be deducted from the face value of the adjusted service certificate.
(3)If original credit over $50. If the original credit was over $50 then the face value of an adjusted service certificate computed on the basis of the excess of the new credit over the original credit shall be paid as provided in paragraph
(2)of this subdivision.
(f)Payment to persons entitled, without letters of administration, if amount due estate not over $500. Wherever under this Act or the World War Adjusted Compensation Act it is provided that payment shall be made by the Director of the United States Veterans’ Bureau to the estate of any decedent, such payment, if not over $500, may, under regulations prescribed by the Director, be made to the persons found by him to be entitled thereto, without the necessity of compliance with the requirements of law in respect of the administration of such estate. Sec. 4. Punishment for charging fees, etc.Vol. 43, p. 125, amended.
(a)Any person who charges or collects, or attempts to charge or collect, either directly or indirectly, any fee or other compensation for assisting in any manner a veteran, his dependents or other beneficiary under this Act, in obtaining any of the benefits, privileges or loans to which he is entitled under the provisions of this Act, shall, upon conviction thereof, be subject to a fine of not more than $500, or imprisonment for not more than one year, or both.
(b)New section.Vol. 43, p. 125, amended. Such Act is amended by adding after section 309 a new section to read as follows: " “finality of decisions “ Sec. 310. Decisions of Secretaries of War, and Navy, and the Director, final.Exception.Vol. 43, p. 130.Adjusted service certificates.Not negotiable, etc., except as provided.Vol. 43, p. 128. amended. The decisions of the Secretary of War, the Secretary of the Navy, and the Director, on all matters within their respective jurisdictions under the provisions of this Act (except the duties vested in them by Title VII) shall be final and conclusive.” " Sec. 5. Section 503 of such Act is amended to read as follows: " “ Sec. 503. No certificate issued or right conferred under the provisions of this title shall, except as provided in section 502, be negotiable or assignable or serve as security for a loan. Any negotiation, assignment, or loan made in violation of any provision of Naming beneficiary in consideration for a loan, void.this section shall be held void. If any person is named as beneficiary by the veteran as a consideration for the making of a loan to the veteran by such person or any other person, such naming Punishment for accepting unauthorized assignment, etc.shall be void. Any person who accepts an assignment of a certificate or receives a certificate as security for a loan contrary to the provisions of this title, or who makes a loan to a veteran in consideration of the naming by the veteran of such person or any other person as beneficiary, shall be guilty of a misdemeanor and shall upon conviction thereof be fined not more than $500 or imprisoned not more than one year, or both.” " Sec. 6. Vol .43, p. 123, amended.Payment of service credits, etc., on death of veteran before applying, etc. Section 601 of such Act is amended to read as follows: " “ Sec. 601. If the veteran has died before making application under section 302, or, if entitled to receive adjusted service pay, has died after making application but before he has received payment under Title IV, then the amount of his adjusted service credit shall (as soon as practicable after receipt of an application in accordance with the provisions of section 604, but not before March 1, 1925) Order of preference.be paid to his dependents, in the following order of preference: “(1) To the widow; “(2) If no widow entitled to payment, then to the children, share and share alike; “(3) If no widow or children entitled to payment, then to the mother; “(4) If no widow, children, or mother, entitled to payment, then to the father.” " 829 Sec. 7. Section 602 of such Act is amended to read as follows:Vol. 43, p. 129, amended.Presumption of dependency of widow. " “ Sec. 602.
(a)No payment under section 601 shall be made to a widow if she has remarried before making application, or if at the time of the death of the veteran was living apart from him by reason of her own willful act; nor unless dependent at the time of the death of the veteran or at any time thereafter and before January 2, 1928. The widow shall be presumed to have been dependent at the time of the death of the veteran upon a showing of the martial cohabitation. “(b) Payment under section 601 shall be made to a child if (1)Child under 18, or mentally or physically incapable of support. under 18 years of age at the time of the death of the veteran, or
(2)at any time thereafter and before January 2, 1928, incapable of self-support by reason of mental or physical defect. “(c) No payment under section 601 shall be made to a mother orLimitation of mother or father. father unless dependent at the time of the death of the veteran or at any time thereafter and before January 2, 1928. If at the time of the death of the veteran or at any time thereafter and before January 2, 1928, the mother is unmarried or over 60 years of age, or the father is over 60 years of age, such mother or father, respectively, shall be presumed to be dependent.” " Sec. 8. Section 605 of such Act is amended to read as follows:Vol. 43, p. 130, amended.Certificate of veteran’s service to be transmitted to Director with application of dependent. " “ Sec. 605.
(a)As soon as practicable after the receipt of a valid application the Secretary of War or the Secretary of the Navy, as the case may be, shall transmit to the Director the application and a certificate setting forth— “(1) That a valid application has been received;Contents of certificate. “(2) The name and address of the applicant; “(3) That the individual upon whom the applicant bases his claim to payment was a veteran; “(4) The name of such veteran and the date and place of his birth; and “(5) The amount of the adjusted service credit of the veteran. “(b) Upon receipt of such certificate the Director shall proceedBenefits extended to applicant on receipt of certificate. to extend to the applicant the benefits provided in this title if the Director finds that the applicant is the dependent entitled thereto,” " Sec. 9. Section 607 of such Act is amended by striking out “ and ”Definition of dependents.Vol. 43, p. 130, amended. at the end of subdivision (b), by striking out the period at the end of subdivision
(c)and inserting a semicolon and the word “ and ”, and by adding after subdivision
(c)a new subdivision to read as follows: " “(d) The term ‘ widow ’ includes widower.”Widow to include widower.New section.Vol. 43, p. 130, amended.Payment of $60, to dependent, if veteran died in service before July 1, 1919. " Sec. 10. Title VI of such Act is amended by adding at the end thereof a new section to read as follows: " “ Sec. 608. If the veteran died while in the service and before July 1, 1919, and if an adjusted service credit has been or is, after this section takes effect, certified to the Director, then the sum of $60 shall be paid in a lump sum to the dependents of such veteran in the same manner as is provided in sections 601 and 602 of this Act.” " Sec. 11. This Act shall not invalidate any payments made or applicationsPrior payments, etc., not invalidated. received under the World War Adjusted Compensation Act before the enactment of this Act. Payments under awards heretoforeAction, if another dependent establishes a prior right. or hereafter made shall be made to the dependent entitled thereto regardless of change in status, unless another dependent establishes to the satisfaction of the Director a priority of preference under such Act as amended by this Act. Upon the establishment of such preference the remaining installments shall be paid to such dependent, but in no case shall the total payments under Title VI of such Act (except section 608) exceed the adjusted service credit of the veteran. 830 Sec. 12. New section.Vol. 43, p. 131, amended.Punishment for counterfeiting, etc., adjusted service certificates. Title VII of such Act is amended by adding at the end thereof a new section to read as follows: " “ Sec. 704. Whoever falsely makes, forges, counterfeits, or alters, or causes or procures to be made, forged, counterfeited, or altered, or willingly aids or assists in falsely making, forging, counterfeiting, or altering an adjusted service certificate issued under authority of this Act, or whoever passes, utters, publishes, or sells, or attempts to pass, utter, publish, or sell, any such false, forged, counterfeited, or altered certificate, with intent to defraud the United States or any person, or whoever has in possession any such falsely made, forged, counterfeited, or altered certificate, with intent to unlawfully use the same, shall be punished by a fine of not more than Arrest, etc., of guilty parties.$5,000 and imprisonment not more than fifteen years. The Secretary of the Treasury is hereby authorized to direct and use the Secret Service Division of the Treasury Department to detect, arrest, and deliver into the custody of the United States marshal having jurisdiction any person or persons violating any of the provisions of this section.” " Sec. 13. New section effective May 19, 1924.Vol. 43, p. 1311 amended. Title VII of such Act is further amended by adding at the end thereof a new section to take effect as of May 19, 1924, and to read as follows: " “ Sec. 705. Lost, etc., service certificates. Whenever it appears to the Director., by evidence clear and satisfactory to him, that any adjusted service certificate has, Provisions for issuing duplicates, etc.without bad faith upon the part of the person entitled to payment thereon, been lost, destroyed, wholly or in part, or so defaced as to impair its value to the rightful holder, and such adjusted service certificate is identified by number and description, the Director shall under such regulations and with such restrictions as to time and retention for security or otherwise as he may prescribe, issue a duplicate thereof of like value in all respects to the original certificate and so marked as to show the original number of the certificate lost, Bond from lawful holder, etc.destroyed, or defaced, and the date thereof. The lawful holder of such certificate who makes application for a duplicate shall surrender the original, if existing, or so much thereof as may remain and shall file in the United States Veterans’ Bureau a bond in a penal sum of the face value of such lost, destroyed, or defaced certificate, with two good and sufficient securities, residents of the United States, to be approved by the Director, with condition to indemnify and save harmless the United States from any claim upon *Post*, p. 1390.such lost, destroyed, or defaced certificate,” " Approved, July 3, 1926.