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GEORGIA CODE (Last Updated: August 20, 2013) |
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Title 38. MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS |
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Chapter 4. VETERANS AFFAIRS |
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Article 2. VETERANS BENEFITS |
| Part 1. VETERANS EDUCATION |
| § 38-4-30. Short title |
| § 38-4-31. Purpose of part |
| § 38-4-32. Department of Veterans Service -- Agency to deal with federal government; authority to enter into contracts; administer grants |
| § 38-4-33. Department of Veterans Service -- Various state educational bodies to cooperate with; full realization of federal benefits |
| § 38-4-34. Department of Veterans Service -- Cooperation and coordination with private educational bodies |
| § 38-4-35. Governor authorized to create private educational advisory bodies |
| § 38-4-36. Governor may direct provision of facilities to Department of Veterans Service |
| § 38-4-37. Veterans Service Board empowered to prescribe rules, regulations, and directives to implement programs |
| Part 2. WAR VETERANS HOME |
| § 38-4-50. "War veterans" defined |
| § 38-4-51. Established; locations; adjacent facilities integral part thereof |
| § 38-4-52. Veterans Service Board -- Administer home's facilities |
| § 38-4-53. Veterans Service Board -- Authorized revenue sources, expenditures, and hiring; other state bodies to cooperate |
| § 38-4-54. Veterans Service Board -- Funds received from federal sources expended to aid war veterans; no limitation on additional state aid |
| § 38-4-55. Admissions and discharges; rules and regulations concerning |
| § 38-4-56. Fee for residency in State War Veterans' Home |
| Part 3. GEORGIA VETERANS CEMETERIES |
| § 38-4-70. Cemeteries established; eligibility for interment |
| § 38-4-71. Control of cemeteries; applications for interment |
| § 38-4-72. Receipt of federal aid and gifts, contributions, bequests, and reimbursements; expenditure; departmental personnel |
| Part 4. RETURNING VETERANS TASK FORCE |
| § 38-4-90. Creation |
| § 38-4-91. Membership |
| § 38-4-92. Duties; recommendations |
REFS & ANNOS
TITLE 38 Chapter 4 Article 2 NOTE
CROSS REFERENCES. --Discount on park admission fees for certified disabled veterans, § 12-3-9.1. Lifetime honorary hunting and fishing licenses for disabled veterans, § 27-2-4. Courtesy nonresident fishing licenses to certain paralyzed or disabled veterans, § 27-2-4.2. Appointment of guardians for recipients of veterans benefits, T. 29, C. 6. Disabled veterans and blind persons engaging in peddling, operating businesses, or practicing professions, T. 43, C. 12. Disabled veterans' homestead exemption for ad valorem tax purposes, Ga. Const., 1983, Art. VII, Sec. II, Para. I and § 48-5-48.
JUDICIAL DECISIONS
EDITOR'S NOTES. --In light of the similarity of the statutory provisions, annotations under former Code 1933, § 78-2-18 are included in the annotations for this section.
PURPOSE OF THIS EXEMPTING PROVISION is not to give to the Confederate War pensioner any lien or priority of payment for money deposited in a bank, but to protect the pensioner against garnishment or other legal process sued out by the pensioner's creditor to enforce a debt due by the pensioner to the creditor. Mobley v. Jackson, 171 Ga. 434, 156 S.E. 23 (1930) (decided under former Code 1933, § 78-218).
OPINIONS OF THE ATTORNEY GENERAL
EDITOR'S NOTES. --In light of the similarity of the issues covered in provisions, decisions under former Code 1933, Ch. 78-2, which dealt with veterans benefits for Confederate War soldiers and sailors and dependents, are included in the annotations for this Code section.
CONTINUING DUTY TO PAY PENSION. --After a pensioner has once been enrolled, there is a duty to continue to pay the pension to the enrolled pensioner until there is notice of the pensioner's death, provided the pensioner continues residence in this state. 1945-47 Op. Att'y Gen. p. 468.
PRESUPPOSITION OF RESIDENCE FOR PENSION AND ADMISSION ELIGIBILITY. --Eligibility for a pension and admission to the confederate home presupposes residence at the time of the passage of Ga. L. 1947, p. 1143. 1948-49 Op. Att'y Gen. p. 289.
RESIDENCE STATUS MATTER OF INTENT. --Fact that pensioner is outside state boundaries does not mean that the pensioner is not a resident of Georgia. Under the law of this state, residence is largely a matter of intent which may be inferred from a number of circumstances and facts. It is frequently true that an aged pensioner makes protracted visits to children in other states, but if it is the intention of the pensioner to ultimately return to this state, the pensioner would be entitled to continue to receive the pensioner's Georgia pension, and the pension regulations in such cases should be liberally construed so as to give deserving pensioners every benefit of the law and facts in connection with their right to receive pensions. 1945-47 Op. Att'y Gen. p. 468.
JUDGE MUST PAY THE PENSION ON THE FIRST DAY OF EACH MONTH. 1948-49 Op. Att'y Gen. p. 623.
WIDOW OF CIVIL WAR SOLDIER ENTITLED TO PENSION. --Widow of a soldier who enlisted and served in the military service of the Confederate States, or in a Georgia regiment or company, or under a Georgia command, or in the organized militia of the State of Georgia during the Civil War, who died in the service or was honorably discharged therefrom, shall be entitled to receive a pension upon proper proof that she is a bona fide resident citizen of this state, that she was married prior to the first day of January, 1920, and that she is presently unmarried. 1950-51 Op. Att'y Gen. p. 133.
RESEARCH REFERENCES
ALR. --Constitutionality of statutes providing for bounty or pension for soldiers, 13 ALR 587; 15 ALR 1359; 147 ALR 1432; 156 ALR 1458.
Statute of limitations in respect of action or proceeding to establish right to, or recovery of benefits of, pension, 136 ALR 809.
Retirement or pension proceeds or annuity payments under group insurance as subject to attachment or garnishment, 28 ALR2d 1213.
Vested right of pensioner to pension, 52 ALR2d 437.
Effect of divorce, remarriage, or annulment, on widow's pension or bonus rights or social security benefits, 85 ALR2d 242.
Rights in survival benefits under public pension or retirement plan as between designated beneficiary and heirs, legatees, or personal representative of deceased employee, 5 ALR3d 644.
JUDICIAL DECISIONS
EDITOR'S NOTES. --In light of the similarity of the statutory provisions, annotations under former Code 1933, § 78-2-18 are included in the annotations for this section.
PURPOSE OF THIS EXEMPTING PROVISION is not to give to the Confederate War pensioner any lien or priority of payment for money deposited in a bank, but to protect the pensioner against garnishment or other legal process sued out by the pensioner's creditor to enforce a debt due by the pensioner to the creditor. Mobley v. Jackson, 171 Ga. 434, 156 S.E. 23 (1930) (decided under former Code 1933, § 78-218).
OPINIONS OF THE ATTORNEY GENERAL
EDITOR'S NOTES. --In light of the similarity of the issues covered in provisions, decisions under former Code 1933, Ch. 78-2, which dealt with veterans benefits for Confederate War soldiers and sailors and dependents, are included in the annotations for this Code section.
CONTINUING DUTY TO PAY PENSION. --After a pensioner has once been enrolled, there is a duty to continue to pay the pension to the enrolled pensioner until there is notice of the pensioner's death, provided the pensioner continues residence in this state. 1945-47 Op. Att'y Gen. p. 468.
PRESUPPOSITION OF RESIDENCE FOR PENSION AND ADMISSION ELIGIBILITY. --Eligibility for a pension and admission to the confederate home presupposes residence at the time of the passage of Ga. L. 1947, p. 1143. 1948-49 Op. Att'y Gen. p. 289.
RESIDENCE STATUS MATTER OF INTENT. --Fact that pensioner is outside state boundaries does not mean that the pensioner is not a resident of Georgia. Under the law of this state, residence is largely a matter of intent which may be inferred from a number of circumstances and facts. It is frequently true that an aged pensioner makes protracted visits to children in other states, but if it is the intention of the pensioner to ultimately return to this state, the pensioner would be entitled to continue to receive the pensioner's Georgia pension, and the pension regulations in such cases should be liberally construed so as to give deserving pensioners every benefit of the law and facts in connection with their right to receive pensions. 1945-47 Op. Att'y Gen. p. 468.
JUDGE MUST PAY THE PENSION ON THE FIRST DAY OF EACH MONTH. 1948-49 Op. Att'y Gen. p. 623.
WIDOW OF CIVIL WAR SOLDIER ENTITLED TO PENSION. --Widow of a soldier who enlisted and served in the military service of the Confederate States, or in a Georgia regiment or company, or under a Georgia command, or in the organized militia of the State of Georgia during the Civil War, who died in the service or was honorably discharged therefrom, shall be entitled to receive a pension upon proper proof that she is a bona fide resident citizen of this state, that she was married prior to the first day of January, 1920, and that she is presently unmarried. 1950-51 Op. Att'y Gen. p. 133.
RESEARCH REFERENCES
ALR. --Constitutionality of statutes providing for bounty or pension for soldiers, 13 ALR 587; 15 ALR 1359; 147 ALR 1432; 156 ALR 1458.
Statute of limitations in respect of action or proceeding to establish right to, or recovery of benefits of, pension, 136 ALR 809.
Retirement or pension proceeds or annuity payments under group insurance as subject to attachment or garnishment, 28 ALR2d 1213.
Vested right of pensioner to pension, 52 ALR2d 437.
Effect of divorce, remarriage, or annulment, on widow's pension or bonus rights or social security benefits, 85 ALR2d 242.
Rights in survival benefits under public pension or retirement plan as between designated beneficiary and heirs, legatees, or personal representative of deceased employee, 5 ALR3d 644.