Download this document in MS Word format


AutoFill Template

H.357

Introduced by Representatives Seibert of Norwich, Head of S. Burlington, O’Donnell of Vernon and Westman of Cambridge

Referred to Committee on

Date:

Subject:  Military affairs; Vermont National Guard; military service; death benefits; family support

Statement of purpose:  This bill proposes to provide dependent family members with one year of financial benefits for the death in time of war or national emergency of any member of the Vermont National Guard or any member of other branches of military service, provided the member’s home of record at time of death is Vermont.

AN ACT RELATING TO SUPPORT FOR FAMILIES OF MILITARY PERSONNEL KILLED IN WAR OR NATIONAL EMERGENCY

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  20 V.S.A. § 1607 is added to read:

§ 1607.  VERMONT MILITARY FAMILY DEATH BENEFIT FUND;

               ESTABLISHED

(a)  The Vermont military family death benefit fund is established in the state treasury, pursuant to rules adopted by the adjutant general, to provide certain benefits to the spouse, or if there is no spouse, to the children of any member of either of the following:

(1)  The Vermont National Guard who dies during mobilization pursuant to 10 U.S.C. §§ 12301(a) and 12302(b), by the U.S. Congress or the President of the United States or pursuant to a presidential augmentation of active forces for any operational mission.

(2)  The active military or nonnational guard reserve forces who, at the time of death, listed Vermont as home or record dies while serving in time of war or national emergency as declared by the U.S. Congress or the President of the United States.

(b)  Regardless of rank and time in service of the deceased, the spouse or children of the military member shall be entitled to payment for one year following the date of death an amount equal to the total of the following:

(1)  The base pay of an enlisted member at the rank of E-7 with minimum time in service.

(2)  The housing allowance the member was receiving at the time of death.

(3)  The separation pay the member was receiving at the time of death.

(4)  The hazardous duty pay the member was receiving at the time of death. 

(c)  The proceeds from grants, donations, contributions, appropriations, and other sources of revenue as may be provided by statute or rule may be deposited in the fund.  Interest earned on the fund and any remaining balance shall be retained in the fund.  The department shall maintain records indicating the amount of money in the fund at any time.

(d)  All monies received by or generated by the fund shall be used for the administration and delivery of death benefits to the spouse or children of Vermont military member killed in active duty pursuant to subsection (a) of this section.

Sec. 2.  APPROPRIATION

There is appropriated from the General Fund in fiscal year 2006 the amount of $500,000.00 to be deposited in the Military Family Death Benefit Fund to be used for the purposes of Sec. 1 of this act.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us