An Act To Amend the Laws Governing the Maine Veterans' Memorial Cemetery System
Sec. 1. 37-B MRSA §504, sub-§4, ¶A-1, as amended by PL 2007, c. 521, §1, is further amended to read:
(1) "Eligible dependent" means the wife, husband, surviving spouse, unmarried minor child, unmarried dependent child enrolled in secondary school or unmarried adult child who became incapable of self-support before reaching 18 years of age on account of mental or physical disabilities. :
(a) The spouse or surviving spouse of an eligible veteran even if that veteran is not buried or memorialized in the cemetery system or the surviving spouse of a member of the United States Armed Forces whose remains are unavailable for burial;
(b) The surviving spouse of an eligible veteran who had a subsequent remarriage to a person who is not a veteran when the surviving spouse's death occurred on or after January 1, 2000;
(c) A minor child of an eligible veteran. For purposes of this division, a minor child is a child who is unmarried and:
(i) Has not attained 21 years of age; or
(ii) Has not attained 23 years of age and is pursuing a full-time course of instruction at an educational institution offering an accredited postsecondary educational degree program; and
(d) An unmarried adult child of an eligible veteran if that child became permanently physically or mentally disabled and incapable of self-support:
(i) Before attaining 21 years of age; or
(ii) Before attaining 23 years of age if supporting documentation exists that the adult child was pursuing a full-time course of instruction at an educational institution offering an accredited postsecondary educational degree program.
(2) "Eligible veteran" means any person who:
(a) Served in the active United States Armed Forces and who:
(i) If discharged, received an honorable discharge or a general discharge under honorable conditions, provided that as long as the discharge was not upgraded through a program of general amnesty; and
(ii) If having served as an enlisted person after September 7, 1980 or as an officer after October 16, 1981, served for a minimum of 24 continuous months or the full period for which the person was called to active duty;
(b) Served in the Maine National Guard and died as a result of injury, disease or illness sustained while serving on active state service as provided in chapter 3, subchapter 3;
(d) Served in the Reserve Components of the United States Armed Forces and was entitled to retired pay under 10 United States Code, chapter 1223 , section 12731 or would have been entitled to retired pay under chapter 1223 , section 12731 except that the person was under 60 years of age; or
(e) Died while serving in the Active Guard Reserve and whose death is determined to be in the line of duty.
summary
This bill clarifies the requirements for eligibility for burial in the Maine Veterans' Memorial Cemetery System for veterans and dependents of veterans by amending the definitions of "eligible veteran" and "eligible dependent."