Code of Massachusetts Regulations
108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES
Title 108 CMR 11.00 - Persian Gulf War Bonus Under St. 1992, C. 153
Section 11.04 - General Provisions
Current through Register 1531, September 27, 2024
(1) In the case of the decease of any person who would, if alive, be entitled to the benefits of 108 CMR 11.00, the sumnamed therein shall be paid to his or her heirs-at-law, provided, however, that if there is more than one heir-at-law; payments shall in either case be made in such proportions as the Secretary shall determine, and in determining the order of precedence so far as practicable the following order shall be observed: wife and children, mother or father, brother or sister, other dependents; provided, however, that no right or payment under 108 CMR 11.00 shall be subject to the claims of creditors, capable of assignment, regarded as assets, legal or equitable, of the estate of the deceased or made the basis for administration thereof.
(2) In the case of the decease of any person who died while in active service as specified in 108 CMR 11.01(1), there shall be paid the sum of $500.00 subject to, and in the manner provided by, 108 CMR 11.04(1).
(3) In the case of any person who is mentally incompetent and is entitled to the benefits of 108 CMR 11.00 and for whom no legal guardian has been appointed by the court, the sum named therein shall be paid to his or her dependents, and in determining the order of precedence so far as practicable the following order shall be observed: wife and children, mother or father, brother or sister, other dependents.
(4) Any person aggrieved by a decision of the Secretary in the matter of payments provided for by 108 CMR 11.00 may appeal to a board to consist of a member of DVS, a city or town veterans' agent appointed pursuant to the provisions of M.G.L. c. 115, § 3, both of whom shall be designated by the Secretary, and the Adjutant General or his or her designee, and shall be entitled to a hearing, after due notice, upon such appeal. The decision of such board shall be final. Such appeal shall be in writing and addressed to the Persian Gulf War Bonus Appeal Board, 100 Cambridge Street, Room 1002, Boston, MA 02202 and must be received within 30 days of the receipt of Secretary's decision.
