Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
40.355,
40.357,
38
U.S.C. 101(2)
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
40.357(1) the Kentucky
Department of Veterans Affairs (KDVA) to promulgate administrative regulations
to implement the Indigent Veterans' Burial Program. This administrative
regulation establishes rules to operate this program, including oversight by
this department and required eligibility criteria applicable before state funds
shall be used to defray funeral costs.
Section
1. Eligibility Criteria under
KRS
40.355. To be eligible for state funds to
defray the costs of funeral expenses for burial in a cemetery in Kentucky,
private or public, the deceased shall:
(1) Be
a veteran as defined by
38
U.S.C. 101(2) and as
verified by discharge records;:
(2)
Have died in Kentucky:
(3) Have
been indigent at the time of death, meaning:
(a) The deceased's estate did not possess
money or other assets to pay for or defray the costs of the deceased's
funeral;
(b) There was not a person
obligated by law to pay for the funeral expenses of the deceased; and
(c) After diligent efforts, there was not a
funeral home, cemetery, veteran service organization, or entity that was able
to obtain funds to pay funeral expenses from another private or public
source.
(4) Priority
shall be given to an indigent veteran whose records indicate that the veteran
had established Kentucky residency prior to death so that General Funds
expended to defray funeral costs shall be used for the citizens of Kentucky
first.
(5) The following records
may be used to establish state residency:
(a)
Military service records, such as a DD Form 214;
(b) The deceased's driver's license;
or
(c) Another official record
clearly showing the deceased was a Kentucky resident.
Section 2. Reimbursement. The
amount of reimbursement authorized shall be limited as follows:
(1) Except as provided by subsection (2) of
this section, the department shall reimburse a cemetery or funeral home its
costs for burying an indigent veteran.
(2) The maximum amount reimbursed shall not
exceed $1,000 per indigent veteran.
Section 3. Application Process.
(1) To request state funds to defray the
funeral costs of an eligible indigent veteran, each funeral home, cemetery,
veterans service organization, private citizen, or other entity shall submit an
Indigent Veteran Burial Application, designated as KDVA Form 6.
(2) State and federal veterans cemetery
priority. Each funeral home, cemetery, veteran service organization, or other
entity seeking defrayment of burial costs shall first seek burial of the
indigent veteran in a state or federal veterans cemetery before considering
burial in another cemetery.
Section
4. Approval Process.
(1) The
final decision to approve an Indigent Burial Application shall be made by the
Commissioner, Kentucky Department of Veterans Affairs.
(2) In the absence of the commissioner,
approval authority shall be delegated to the deputy commissioner or, in the
absence of both the commissioner and the deputy commissioner, approval
authority shall be delegated to the staff assistant in charge of Kentucky
Veterans Cemeteries.
(3) The
approval authority shall decide whether the deceased meets the eligibility
criteria established in this administrative regulation, and, if so, shall
approve funds to defray burial costs.
Section 5. Incorporation by Reference.
(1) "Indigent Veteran Burial Application",
KDVA Form 6", January 2009, is incorporated by reference.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Kentucky Department of
Veterans Affairs, 1111B Louisville Road, Frankfort, Kentucky 40601, Monday
through Friday, 8 a.m. to 4:30 p.m.
STATUTORY AUTHORITY:
KRS
40.357(1)