Code of Massachusetts Regulations
108 CMR - EXECUTIVE OFFICE OF VETERANS' SERVICES
Title 108 CMR 9.00 - Annuities And Burials
Section 9.01 - Annuities

Universal Citation: 108 MA Code of Regs 108.9

Current through Register 1531, September 27, 2024

(1) Eligibility. An applicant veteran who satisfies the following requirements shall be eligible to receive a special benefit payment in the form of an annuity.

(a) Is a resident of Massachusetts;

(b) Meets one of the service time requirements set forth in 108 CMR 3.02, or has served on active duty in the Armed Forces of the United States for a period of at least 180 days;

(c) Has received any discharge from military service other than a dishonorable discharge.

(d) Meets the requirements for blindness, paraplegia, double amputation or other disability set forth in M.G.L. c. 115, § 6B as so certified by the VA. Proof of service and disability shall be furnished to the Secretary as per M.G.L. c. 115, § 6C;

(e) Is otherwise determined to be 100% disabled as so certified by the VA; or

(f) Is a parent or an un-remarried spouse of a deceased member of the Armed Forces of the United States, whose death occurred as a result of injury sustained or disease contracted during active service in time of war or insurrection or combat as set forth in 108 CMR 3 .02. The provisions of 108 CMR 9.01(1)(a), (c), and (d) apply to the deceased member whose status forms the basis for the application.

(2) Application Procedure for Annuity Benefit. Whenever a veterans' agent learns, or has reason to believe, that an applicant may be eligible for this annuity, the veterans' agent shall notify DVS, which in turn shall provide the veterans' agent with the necessary application forms and advise him or her on processing procedures. The annuity benefit available under 108 CMR 9.00 is paid directly to the applicant by the Treasurer of the Commonwealth on a warrant from the Comptroller. This annuity is paid in two installments, annually.

(3) Annuity Appeal. An applicant denied an annuity may appeal to the DVS Annuity Appeal Board within 30 days of receipt of the denial notification letter.

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