5902-4-02. Compensation to living current and former armed forces members who served during the Persian gulf, Afghanistan, and Iraq conflicts

(A) The Persian gulf, Afghanistan, and Iraq conflicts compensation fund shall be paid out upon the order of the director of the department of veterans services, without necessity of appropriation by the general assembly, in payment of the expenses of administering this section and as compensation as follows to each person who applies properly and meets all of the following requirements:

(1) The person has served in active duty in the United States armed forces, except active duty for training only, at any time during at least one of the following time periods:

(a) between August 2, 1990, and March 3, 1991; or

(b) between October 7, 2001, and the date determined by the president of the United States as the end of involvement of the United States armed forces in Afghanistan; or

(c) between March 19, 2003, and the date determined by the president of the United States as the end of the involvement of the United States armed forces in Iraq.

(2) The person was separated from the United States armed forces under honorable conditions, is still serving in active duty service, or remains in any reserve component of the United States armed forces or in the Ohio national guard after serving on active duty.

(3) The person was an Ohio resident at the start of active duty service and is currently an Ohio resident.

(B) A person who meets all the requirements of paragraph (A) of this rule is entitled to, and may apply to receive, compensation as follows:

(1) Fifty dollars for each month of active domestic or foreign service during the compensable periods, not to exceed five hundred dollars, and

(2) One hundred dollars for each month of Persian Gulf, Afghanistan, or Iraq service during the compensable periods, not to exceed one thousand dollars.

(C) A person who qualifies for compensation under both paragraph (B) (1) and (2) may receive compensation for both types of service, but in no case may the total compensation paid to any person exceed one thousand five hundred dollars.

(D) Compensation for a fraction of a month of service shall be paid on the basis of one-thirtieth of the appropriate monthly amount for each day of service.

(E) A person who is medically discharged or medically retired from service due to combat-related disabilities sustained during Persian Gulf, Afghanistan, or Iraq service is entitled to, and may apply to receive, compensation of one thousand dollars without regard to the amount of time served in such service.

(F) A person who had been designated by the United States department of defense as missing in action as a result of honorable service during any of the compensable periods or had been held in enemy captivity during any of the compensable periods, is entitled to, and may apply for, a payment of five thousand dollars upon the person's release or location. Such payment replaces any other cash benefit payable under this rule, and the person's entitlement to such five thousand dollar payment is not affected by any earlier payment to the person's spouse, child, parent or person standing in loco parentis under rule 5902-4-03 of the Administrative Code.

Five Year Review (FYR) Dates: 06/02/2015 and 06/02/2020
Promulgated Under: 119.03
Statutory Authority: None
Rule Amplifies: None
Prior Effective Dates: 9/14/2015, 5/17/2015

Prior History: (Effective: 05/17/2010
R.C. 119.032 review dates: 05/17/2015Promulgated Under: 119.03
Statutory Authority: Section 2r, Article VIII, Ohio Constitution
Rule Amplifies: Section 2r, Article VIII, Ohio Constitution )