40.010 Definitions for chapter.

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40.010 Definitions for chapter. As used in this chapter, the following terms have the following respective meanings, <br>unless another meaning is clearly required by the context: <br>(1) &quot;Administrator&quot; means the adjutant general of the Commonwealth; <br>(2) &quot;Veteran&quot; means a person who served in the active Armed Forces of the United States, during the Spanish American War, World War I, World War II, or the <br>Korean conflict, for a period of ninety (90) days or more (exclusive of time spent <br>AWOL; or in penal confinement as a result of a sentence imposed by court-martial; <br>or in service for which no allowance is made according to KRS 40.040), with some <br>portion of service within the respective hereinafter prescribed dates, who is still in <br>the Armed Forces, or was released, separated, discharged, or retired therefrom <br>under honorable conditions; (3) &quot;Duty in active Armed Forces&quot; includes active duty, and any period of inactive duty training during which the individual concerned was disabled; and if a person in the <br>active Armed Forces was released, separated, or discharged therefrom by reason of <br>disability incurred in line of duty before serving as much as ninety (90) days, such <br>person shall be qualified for entitlement to a bonus payment under this chapter, <br>notwithstanding failure to remain in service for the minimum time otherwise <br>prescribed; (4) &quot;Armed Forces&quot; means the United States Army, Navy, Marine Corps, Air Force, and Coast Guard, including the reserve components thereof on active duty; (5) &quot;Qualified veteran&quot; means a person answering to the specifications set forth in subsections (2) and (3), and who <br>(a) Was a resident of the Commonwealth at the time of entry into active service in the Armed Forces and for at least six (6) months prior thereto; and (b) Who has not received a bonus or like compensation from another state; and <br>(c) Who is not subject to the forfeiture provisions of this chapter; (6) &quot;Resident of the Commonwealth at the time of entry into the active service&quot; means any person who gave the Commonwealth of Kentucky, or any specific place in this <br>Commonwealth, as his or her place of residence at such time of entry, without <br>regard to the place of enlistment, commission, or induction. Conclusive and <br>exclusive evidence of such giving of place of residence shall be the official records <br>on file in the Department of Defense of the United States, or any official record <br>thereof in the files of the Veterans Administration of the United States; but if it be <br>shown to the satisfaction of the administrator that for any reason no such record was <br>made, or that the same has been lost, misplaced, or destroyed, or that an <br>authenticated copy thereof cannot be obtained within a reasonable time, other <br>evidence of bona fide residence may be accepted if deemed sufficient by the <br>administrator; (7) &quot;Resident,&quot; in any context other than as in subsection (6), means a legal resident as determined by generally established principles of law, as may be defined, and <br>subject to proof, according to such regulations as the administrator may promulgate; (8) &quot;Beneficiary&quot; means, in this order, widow, child or children (sharing equally), mother, father, and no other; (9) (a) &quot;Widow&quot; means a woman who was the wife of a veteran at the time of his death, and who had not deserted him (except where there was a separation <br>which was due to the misconduct of, or procured by, the veteran without the <br>fault of the wife), and who had not remarried, (unless the purported <br>remarriage was void or had been annulled); (b) The term &quot;widow&quot; also includes &quot;widower&quot; in the case of a man who was the husband of a female veteran at the time of her death; (10) &quot;Child&quot; means a person (a) Who is under the age of eighteen (18); or <br>(b) Who, before attaining the age of eighteen (18) years, became permanently incapable of self-support; or (c) Who, after attaining the age of eighteen (18) years and until completion of education or training (but not after attaining the age of twenty-one (21) years) <br>is pursuing a course of instruction at a bona fide educational institution; and <br>who, in relationship to the veteran, is a child born in lawful wedlock; a legally <br>adopted child; a stepchild who is a member of a veteran's household or was a <br>member at the time of the veteran's death; or a child born out of wedlock, but, <br>as to the alleged father, only if acknowledged in writing signed by him, or if <br>he had, before his death, been judicially decreed to be the father of such child; (11) &quot;Mother&quot; means a mother, a mother through adoption, or a woman who for a period of not less than one (1) year stood in the relationship of a mother to a qualified <br>veteran before his or her entry into active service in the Armed Forces, or if two (2) <br>persons stood in such relationship for one (1) year or more, the person who last <br>stood in such relationship before the veteran's last entry into active service in the <br>Armed Forces; (12) &quot;Father&quot; means a father, a father through adoption, or a man who for a period of not less than one (1) year stood in the relationship of a father to a qualified veteran <br>before his or her entry into active service in the Armed Forces, or if two (2) persons <br>stood in such relationship for one (1) year or more, the person who last stood in <br>such relationship before the veteran's last entry into active service in the Armed <br>Forces; (13) &quot;In the continental United States&quot; means any place in the District of Columbia and the states of the United States which are on the North American continent, <br>exclusive of Alaska; (14) &quot;Outside the continental United States&quot; means any place elsewhere than as defined in subsection (13); (15) &quot;Spanish-American War&quot; (a) Means the period beginning on April 21, 1898, and ending on July 4, 1902; <br>(b) Includes the Philippine Insurrection and the Boxer Rebellion; and (c) In the case of a veteran who served with the United States military forces engaged in hostilities in the Moro Province, means the period beginning on <br>April 21, 1898, and ending on July 15, 1903; (16) &quot;World War I&quot; (a) Means the period beginning on April 6, 1917, and ending on November 11, 1918; and (b) In the case of a veteran who served with the United States military forces in Russia, means the period beginning on April 6, 1917, and ending on April 1, <br>1920; and (c) Any service between April 6, 1917, and July 1, 1921, if some part thereof was between April 6, 1917, and November 11, 1918, both dates being inclusive; (17) &quot;World War II&quot; means the period beginning December 7, 1941, and ending December 31, 1946; (18) &quot;Korean conflict&quot; means (a) The period beginning on June 27, 1950, and ending July 25, 1953; and <br>(b) Subsequent service until January 31, 1955, if the veteran was qualified for the Korean medal; (19) &quot;Bonus&quot; and &quot;veterans' bonus&quot; means the compensation authorized by this chapter; <br>(20) &quot;Bonus claim&quot; means a claim or potential claim for a veterans' bonus; <br>(21) &quot;Claimant&quot; means one who seeks to obtain payment of a bonus claim. Effective: July 13, 1984 <br>History: Amended 1984 Ky. Acts ch. 16, sec. 1, effective July 13, 1984. -- Amended 1960 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 1, effective September 30, 1960. -- <br>Created 1960 Ky. Acts ch. 15, sec. 3.