5902-4-12. Payments of compensation

(A) Payments of compensation will be made from the Persian gulf, Afghanistan, and Iraq conflicts compensation fund by warrants (checks) drawn upon such fund by order of the director of the department of veterans services. Such warrants will be paid by the state of Ohio when properly endorsed and presented through any bank.

(B) In the case of the compensation awarded on an application made by a living person, the warrant in payment of such compensation shall be made payable to such person regardless of whether he/she is more or less than eighteen (18) years of age; provided, however, that if it shall appear to the satisfaction of the director of the department of veterans services prior to the time the warrant in payment of the compensation awarded shall have been presented to the state of Ohio for payment, that such person is the ward of a legally appointed and acting guardian who was appointed subsequent to the execution of the application, the warrant in payment of such compensation shall be made payable to such guardian.

(C) In the case of compensation awarded on an application made by a legally appointed and acting guardian, the warrant in payment of such compensation will be made payable to such guardian.

(D) Warrants in payment of compensation on all other applications will be made payable to the applicants.

(E) Warrants in payment of compensation must be endorsed personally by persons to whom they are payable, provided, however, where to obtain a personal endorsement would cause extreme hardship, counsel for the department of veterans services may approve an endorsement by an individual holding a proper power of attorney. If the person to whom a warrant is made payable shall die before personally endorsing the warrant, the warrant shall be returned to the department of veterans services and deposited in the Persian gulf, Afghanistan, and Iraq conflicts compensation fund. If the ward of a legally appointed guardian shall die before the warrant is personally endorsed by the guardian, the warrant shall be returned to the department of veterans services and deposited in the Persian gulf, Afghanistan, and Iraq conflicts compensation fund.

(F) Compensation from the Persian gulf, Afghanistan, and Iraq conflicts compensation fund shall not be payable to an executor or administrator of a deceased person.

(G) In each case where compensation is payable to the children of a deceased veteran, each child shall be entitled to the total amount of compensation awarded by reason of the deceased veteran's service in the armed forces of the United States divided by the number of such children living at the time of the payment of compensation. A warrant will be issued to each such child for the share of such compensation due such child, upon such child's application therefore.

(H) In each case where compensation is payable to the parent of a deceased veteran, each such parent shall be entitled to the total amount of compensation awarded by reason of the deceased veteran's service in the armed forces of the United States divided by the number of such parents living at the time of the payment of compensation. A warrant will be issued to each such parent for the share of such compensation due such child, upon such parent's application therefore.

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

(J) Warrants from the Persian gulf, Afghanistan, and Iraq conflicts compensation fund mailed to applicants for compensation must be understood by the applicants receiving same to be in full settlement of their claims for compensation unless the warrant is accompanied by a communication from the director of the department of veterans services indicating otherwise.

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 )