Section 78. (a) As used in this section, ''active service in the armed forces'' shall not include active duty for training in the Army National Guard or Air National Guard or active duty for training as a reservist in the armed forces of the United States.
As used in this section, the term ''armed forces'' shall mean the United States Army, Army of the United States, Army Reserves, United States Navy, United States Naval Reserve, United States Marine Corps, United States Marine Corps Reserve, United States Coast Guard, United States Coast Guard Reserve, Army Nurse Corps, Navy Nurse Corps, United States Air Force, United States Air Force Reserve, Air National Guard and Army National Guard and including women's branches of said armed forces.
(b)(1) Upon application, as provided in this section, there shall be allowed and paid out of the treasury of the commonwealth, without appropriation, the sums specified in this section to each person who has served in the armed forces of the United States in active service as part of Operation Enduring Freedom, Operation Iraqi Freedom, Operation Noble Eagle, Operation Inherent Resolve, Operation Freedom Sentinel or any successor or related operation; provided, however, that the domicile of a person on account of whose service the application is filed shall have been in the commonwealth for a period of not less than 6 months before the time of the person's entry into the service.
(2) One thousand dollars shall be allowed and paid out to each such veteran who performed active service outside of the continental limits of the United States for which the veteran qualified for hostile fire or imminent danger pay as determined by the United States Department of Defense.
(3) Five hundred dollars shall be allowed and paid out to each such veteran who performed active duty within the continental limits of the United States or outside the continental limits of the United States but did not qualify for hostile fire or imminent danger pay as determined by the United States Department of Defense for a period of not less than 6 months.
(4) Thereafter, upon return from each subsequent deployment defined under this section, there shall be allowed and paid out of the treasury of the commonwealth, subject to appropriation, 50 per cent of the sums specified in paragraphs (2) and (3) to each such veteran.
(5) Upon application, as provided in this section, there shall be allowed and paid out of the treasury of the commonwealth, without appropriation, the amount of $300 to each person who has served in the armed forces of the United States outside of the continental limits of the United states and who is in receipt of the Armed Forces Expeditionary Medal for service during a period where no other state wartime bonus is available; provided, however, that the person shall have served in the armed forces of the United states for a period of not less than 90 days, unless conditions of physical incapacity prevented the completion of such service; and provided further, that the domicile of a person on account of whose service the application is filed shall have been in the commonwealth for a period of not less than 6 months immediately before the time of the person's entry into service. If a person died while in active service, a sum of $1,000 shall be paid in the manner provided by subsection (c) in addition to any unpaid amount the person would have been eligible to receive pursuant to this subsection.
(c) If a person who is deceased would, if alive, be entitled to the benefits of this section, the sum named in this section shall be paid to the decedent's heirs-at-law; provided, however, that if there is more than 1 heir-at-law, payments shall, in either case, be made in such proportions as the state treasurer shall determine; provided further, that the state treasurer, in determining the order of precedence, shall, so far as practicable, observe the following order: (i) spouse and children; (i) mother or father; (iii) brother or sister and (iv) other dependents. A right or payment under this section shall not be subject to the claims of creditors, capable of assignment, regarded as assets, legal or equitable of the estate of the deceased or made the basis for administration thereof.
(d) If a person died while in active service, a sum of $1,000 shall be paid in the manner provided by subsection (c) in addition to any unpaid amount the person would have been eligible to receive pursuant to subsection (b).
(e) Applications under this section shall be filed with the state treasurer, upon forms to be furnished by state treasurer. The state treasurer may accept the written statement of the clerk of a city or town that a person claiming pay or on whose account pay is claimed by a dependent or heir-at-law, under this section, was domiciled therein on the first day of January, in any year, as prima facie evidence of the fact of such domicile and may accept such other evidence of domicile as the state treasurer may consider adequate or necessary. The clerk of a city or town shall, at the request of the state treasurer, immediately furnish such information relative to such domicile as the clerk's records may disclose. The state treasurer may require and accept such additional evidence as the state treasurer may consider necessary to establish the fact of domicile within the commonwealth as provided under paragraph (1) of subsection (b). The adjutant general shall certify to the state treasurer the dates of service and any other military information necessary to carry out this section. The state treasurer shall furnish to the adjutant general a copy of a DD–214 form or equivalent documentation as determined by the adjutant general for the permanent records of the military division of the commonwealth.
Whoever knowingly makes a false statement, oral or written, relating to a material fact in supporting a claim under this section, shall be punished by a fine of not more than $1,000, by imprisonment for not more than 3 years or both such fine and imprisonment. An offense under this section may be prosecuted by the attorney general, or under the attorney general's direction, in any court within the commonwealth, and all fines collected thereunder shall be paid to the treasury of the commonwealth.
The state treasurer shall section upon all applications made under this section, and may expend for clerical assistance and for such other expenses sums necessary in carrying out this section, not exceeding the sums appropriated for this purpose.
There shall be a payments appeal board. The board shall consist of: a member of the department of the state treasurer to be designated by the state treasurer; an assistant attorney general to be designed by the attorney general; and the adjutant general or a designee. A person aggrieved by a decision of the state treasurer in the matter of payments provided for by this section may appeal to the board and shall be entitled to a hearing, after due notice, upon such appeal. The decision of the board shall be final.
(f) The state treasurer may establish, and from time to time revise, such rules and regulations as may be necessary or desirable to carry out this section.
(g) A sum under this section shall only be allowed or paid out of the treasury of the commonwealth to a veteran whose final enlistment is characterized as discharged or released under honorable conditions for such service.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title II - Executive and Administrative Officers of the Commonwealth
Chapter 10 - Department of the State Treasurer
Section 1 - State Treasurer; Supervision of Department; Salary; Other Sources of Income
Section 2 - Treasurer's Bond; Contents
Section 3 - Treasurer's Bond; Deposit With State Secretary; Actions Thereon
Section 4 - First Deputy Treasurer; Duties; Absence, Disability or Removal of Treasurer
Section 5a - Annual Personnel Report
Section 5c - Investment Division; Responsibilities
Section 7 - Receipt of Federal Funds for Soldiers' Homes
Section 8 - Receipt of Federal Funds for Highways
Section 8a - Receipt of Federal Funds for Forest Fire Prevention
Section 10 - Annual Report to General Court; Statement of Transactions
Section 12 - State Treasurer; Death; Vacancy; Care of Property and Funds
Section 13 - State Treasurer; Death; Vacancy; Inventory of Property and Funds
Section 14 - State Treasurer; Duplicate Receipts by New Treasurer
Section 15 - Trust Funds; Massachusetts Training Schools; Authority to Receive; Duties
Section 17a - Trust Funds; Military Forces; Authority to Receive; Duties
Section 17b - Trust Funds; Receipt, Disbursement and Investment
Section 18 - State Board of Retirement; Membership, Tenure
Section 19 - State Board of Retirement; Reimbursement of Expense or Loss
Section 20 - Clerical and Other Assistants, Appointment
Section 21 - Commissioners on Firemen's Relief; Membership
Section 24 - State Lottery Commission; Powers and Duties
Section 24a - Agreements for Creation of Multi-Jurisdictional Lottery Game; Revenues; Notice of Odds
Section 25 - Apportionment of Lottery Revenues
Section 26 - Director of the State Lottery; Appointment; Powers and Duties
Section 26a - Office of Performance Management and Innovation; Performance Management Systems
Section 27 - Sale of Tickets; Agents; Licensing; Restrictions
Section 27a - Keno; Licenses; Growth Revenues; Distribution
Section 28 - Assignability of Prizes; Liability of Commissioner and Director
Section 28a - Past-Due Child Support; Disbursement of Prizes
Section 29 - Prohibited Sales; Penalty
Section 30 - Forgery, Alteration, Etc. of Lottery Tickets; Penalties
Section 30a - Prohibited Acts Concerning State Lottery Commission Members or Employees; Penalties
Section 31 - Ineligible Persons
Section 32 - Unclaimed Prize Money
Section 34 - Minors; Payment of Prize Money
Section 35 - State Lottery and Gaming Fund; Expenditures
Section 35d - Natural Heritage and Endangered Species Fund
Section 35e - Organ Transplant Fund
Section 35e.5 - Organ and Tissue Donor Registration Fund
Section 35f - School Improvement Fund
Section 35i - Retirement Law Commission
Section 35m - Board of Registration in Medicine Trust Fund
Section 35n - Martin Luther King Commission Trust Fund
Section 35o - Massachusetts United States Olympic Fund
Section 35p - State House Special Event Fund
Section 35r - Massachusetts State Public Health HIV and Hepatitis Fund
Section 35s - Teacher, Principal and Superintendent Quality Endowment Fund
Section 35t - Massachusetts Bay Transportation Authority State and Local Contribution Fund
Section 35u - Mbta Infrastructure Renovation Fund
Section 35v - Division of Professional Licensure Trust Fund
Section 35x - Quality in Health Professions Trust Fund
Section 35z - Counsel for Indigent Salary Enhancement Trust Fund
Section 35aa - Smart Growth Housing Trust Fund
Section 35bb - School Modernization and Reconstruction Trust Fund
Section 35cc - Massachusetts Military Family Relief Fund
Section 35dd - State Parks Preservation Trust Fund
Section 35ff - Massachusetts Alternative and Clean Energy Investment Trust Fund
Section 35gg - Abandoned Vessel Trust Fund
Section 35hh - Ocean Resources and Waterways Trust Fund
Section 35ii - Rggi Auction Trust Fund
Section 35jj - Enhanced 911 Fund
Section 35kk - Harbormaster Training Trust Fund
Section 35ll - Nantasket Beach Reservation Trust Fund
Section 35nn - Marine Recreational Fisheries Development Fund
Section 35oo - Off–highway Vehicle Program Fund
Section 35pp - Salisbury Beach Preservation Trust Fund
Section 35qq - Economic Empowerment Trust Fund
Section 35rr - Health Information Technology Trust Fund
Section 35ss - Build America Bonds Subsidy Trust Fund
Section 35tt - Money Follows the Person Rebalancing Demonstration Grant Trust Fund
Section 35vv - Social Innovation Financing Trust Fund
Section 35ww - Homeless Animal Prevention and Care Fund
Section 35xx - Horseneck Beach Reservation Trust Fund
Section 35yy - Dockside Testing Trust Fund
Section 35zz - Scusset Beach State Reservation Trust Fund
Section 35aaa - Community First Trust Fund
Section 35bbb - Douglas State Forest Maintenance Trust Fund
Section 35ccc - Flood Control Compact Fund
Section 35ddd - Public Records Assistance Fund
Section 35eee - Commonwealth Facility Trust for Energy Efficiency
Section 35fff - Nickerson State Park Trust Fund
Section 35ggg - Community Behavioral Health Promotion and Prevention Trust Fund
Section 35hhh - Transfer of Development Rights Revolving Fund
Section 35iii - Castle Island and Marine Park Trust Fund
Section 35jjj - Fishing Innovation Fund
Section 35kkk - Agricultural Innovation Fund
Section 35lll - Garden of Peace Trust Fund
Section 35mmm - Childhood Lead Poisoning Prevention Trust Fund
Section 35nnn - Twenty-First Century Education Trust Fund
Section 35ooo - Summer Camp Stabilization Trust Fund
Section 35ppp - Wellfleet Hollow State Campground Trust Fund
Section 35qqq - Revere Beach Reservation Trust Fund
Section 35rrr - Student Opportunity Act Investment Fund
Section 35sss - Broadband Innovation Fund
Section 38a - Council on Compulsive Gambling; Posting of Notice of Availability
Section 39 - Beano; Gross Receipt Tax; Returns; Disposition and Crediting of Receipts
Section 39a - Raffles and Bazaars; Information and Reports Required; Regulations
Section 40 - Violations of Secs. 38 and 39; Submitting False Information; Penalties
Section 42 - State Election Campaign Fund
Section 42a - Allocation of Funds
Section 42b - Primary Candidate Accounts
Section 42c - State Auditor Report
Section 46 - Anthracite Coal Mining Reclamation Fund
Section 48 - Milk Producers Security Fund
Section 50 - Children's Trust Fund
Section 52 - Massachusetts Cultural Council; Creation
Section 53 - Massachusetts Cultural Council; Powers and Duties
Section 54 - Massachusetts Cultural Council; Hearings; Rules and Regulations
Section 55 - Federal Funding; Plan; Administration
Section 56 - Distribution of Arts Lottery Funds; Applications
Section 56a - Application of Other Laws to the Council
Section 57 - State Arts Lottery Fund
Section 58 - Local and Regional Cultural Councils
Section 58a - State-Designated Cultural Districts
Section 59 - Head Injury Treatment Services Trust Fund
Section 59a - Thomas P. Kennedy Spinal Cord Injury Trust Fund
Section 61 - Motor Vehicle Inspection Trust Fund
Section 63 1/2 - Central Artery and Statewide Road and Bridge Infrastructure Fund
Section 66 - Victims of Drunk Driving Trust Fund
Section 66a - Victims of Human Trafficking Trust Fund
Section 67 - Commonwealth Security Trust Fund
Section 68 - Worker and Small Investor Protection Fund
Section 69 - Securities Fraud Prosecution Fund
Section 69b - Endowment Incentive Holding Fund
Section 70 - Alcoholic Beverages Control Commission; Members
Section 71 - Alcoholic Beverages Control Commission; Duties
Section 72 - Alcoholic Beverages Control Commission; Appointments
Section 72a - Gaming Liquor Enforcement Unit
Section 75 - Water Supply Protection Trust; Water Supply Protection Program