(A) The surviving spouse, surviving child or children, or surviving parent or parents, including a person or persons standing in loco parentis for one year preceding commencement of service in the United States armed forces, of a person whose death was not as a result of injuries or illness sustained in Persian gulf, Afghanistan, or Iraq service, is entitled to, and may apply to receive, the same amount of compensation that the person who served in the armed forces would have received under rule 5902-4-02 of the Administrative Code, if living.
(B) If the United States department of veterans' affairs determines that the person's death was the result of injuries or illness sustained in Persian gulf, Afghanistan, or Iraq service, the person's survivor(s) is/are entitled to, and may apply for, a survivor's payment of five thousand dollars, regardless of the amount of compensation that the deceased would have been entitled to receive , if living.
(C) Any survivor's compensation payments applied for under paragraphs (A) and (B) of this rule shall be made to the surviving spouse. If there is no surviving spouse, the payment shall go to the surviving child or children. If there are no surviving children, the payment shall go to the surviving parent or parents or person or persons standing in loco parentis for at least one year preceding commencement of service in the United States armed forces.
Five Year Review (FYR) Dates:
Promulgated Under: 119.03
Statutory Authority: None
Rule Amplifies: None
Prior Effective Dates: 9/14/2015, 5/17/2015