« PreviousContinue »
(c) If there is a widow and two children, $42.50, with $5 for each additional child up to two;
(d) If there is no widow, but one child, $20;
(f) If there is no widow, but three children, $40, with $5 for each additional child up to two;
The payment of compensation to a widow shall continue until her death or remarriage.
The payment of compensation to or for a child shall continue until such child reaches the age of eighteen years or marries, or if such child be incapable, because of insanity, idiocy, or being otherwise permanently helpless, then during such incapacity.
Sec. 301, added to the act of Sept. 2, 1914, by sec 2, act of Oct. 6, 1917 (-10 Stat, 405), as amended by sec. 11, act of June 25, 1918 (49 Stat. 611). The original act read as follows: 1f death results from injury
If the deceased leaves a widow or child, or if he leaves a widowed mother dependent upon him for support, the monthly compensation shall be the following amounts :
(a) For a widow alone, $25. (b) For a widow and one child, $35. (c) For a widow and two children, $47.50, with $5 for each additional child up to two, (d) If there be no widow, then for one child, $20. (e) For two children, $30. (f) For three children, $40, with $5 for each additional chill up to two. 1890. Apportionment of compensation between a widow and the children.
As between the widow and the children not in her custody, and as between children, the amount of the compensation shall be apportioned as may be prescribed by regulation.
Sec. 301, added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 105), as amended by sec. 11, act of June 25, 1918 (40 Stat. 612). 1891. Widow defined.--*
The term widow" as used in this section shall not include one who shall have married the deceased later than ten years after the time of injury, and shall include a widower, whenever his condition is such that, if the deceased person were living, he would have been dependent upon her for support. Sec. 301, added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 406), as amended by sec. 11, act of June 25, 1918 (40 Stat. 612).
The provision as to widower was added by this amendment.
1892. Evidence of marriage.--That for the purpose of this amendatory Act the marriage of the claimant to the person on account of whom the claim is made shall be shown
(1) By a duly verified copy of a public or church record; or (2) By the affidavit of the clergyman or magistrate who officiated; or (3) By the testimony of two or more eyewitnesses to the ceremony; or (4) By a duly verified copy of the church record of baptism of the children ; or
(5) By the testimony of two or more witnesses who know that the parties lived together as husband and wife, and were recognized as such, and who shall state how long, within their knowledge, such relation continued : Provided, That marriages, except such as are mentioned in section forty-seren hundred and five of the Revised Statutes, shall be proven in compensation or insurance cases to be legal marriages according to the law of the place where the parties resided at the time of marriage or at the time when the right to com
pensation or insurance accrued; and the open and notorious illicit cohabitation
1893. Child defined.-In Articles II, III, and IV of this Act unless the context otherwise requires
(1) The term “ child" includes
(a) A legitimate child. Sec. 22 (1) (a), added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (10 Stat. 401).
(b) A child legally adopted. Sec. 22 (1) (b), added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (10 Stat. 401), as amended by sec. 2, act of Dec. 24, 1919 (41 Stat. 371).
(c) A stepchild, if a member of the man's household. Sec. 22 (1) (c), added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 401).
(d) An illegitimate child, but, as to the father only, if acknowledged in writing signed by him, or if he has been judicially ordered or decreed to contribute to such child's support, or has been judicially decreed to be the putative father of such child. Sec. 22 (1) (d), added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 0. 1917 (10 Stat. 401), as amended by sec. 3, act of Dec. 24, 1919 (41 Stat. 371).
Paragraph (b) of the second subdivision (1), sec. 22, act of Oct. 6, 1917 (40 Stat. 401), was as follows:
" (b) A child legally adopted more than six months before the enactment of this amendatory det or before enlistment or entrance into or employment in active service in the military or naval forces of the United States, whichever of these dates is the later,"
Paragraph (d) of the second subdivision (1) of sec. 22 was as follows:
“ (d) An illegitimate child, but, as to the father, only, if acknowledged by instrument in writing signed by him, or if he has been judicially ordered or decreed to contribute to such child's support, and if such child, if born after December thirty-first, nineteen hudred and seventeen, shall have been born in the United States, or in its insular possessions."
1894. Age limit of children and grandchildren.-Escept as used in section four hundreil and one and in section four hundred and two the terms “child” and “ grandchild" are limited to unmarried persons either (a) under eighteen ye:u's of age, or (b) of any age, if insane, idiotic, or otherwise permanently helpless, Sec. 22 (3), added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (10 Stat. 401).
1895. Claims of minors and mentally incompetent persons.—That when, by the terms of this amendatory Act, any payment is to be made to a minor, other than a person in the military or naval forces of the United States, or to a person mentally incompetent, such payment shall be made to the person who is constituted guardian or curator by the laws of the State or residence of claimant, or is otherwise legally vested with responsibility or care of the claimant. Sec. 23. added to the act of Sept. 2, 1911, by sec. 2, act of Oct. 6, 1917 (10 Stat. £02).
If any person entitled to receive payments under this Act shall be an inmate of any asylum or hospital for the insane maintained by the United States, or by any of the several States or Territories of the United States, or any political subdivision thereof, and no guardian or curator of the property of such person shall bave been appointed by competent legal authority, the director, if satisfied after due investigation that any such person is mentally incompe
or death. Sec. 313 (2), added to the act of Sept. 2, 191), by sec. 18, act of June 25, 1918 (40 Stat. 614). See note to the preceding section.
1910. Damages recovered through the United States to be credited upon compensation.-* * * If a beneficiary or conditional beneficiary shall have recovereil, as a result of a suit brought by him or on his behalf, or as a result of a settlement made by him or on his behalf, any money or other property in satisfaction of the liability of such other person, such money or other property so recovered shall be credited upon any compensation payable, or which may become payable, to such beneficiary, or conditional beneficiary by the United States on account of the saine injury or death. Sec. 313 (1), added to the act of Sept. 2, 1914, by sec, 2, act of Oct. 6, 1917 (40 Stat. 108), as amended by sec. 18, act of June 25, 1918 (40 Stat. 611).
The bureau shall make all necessary regulations for carrying out the purposes of this section. For the purposes of computation ouly under this section the total amount of compensation due any beneficiary shall be deemed to be equivalent to a lump sum equal to the present value of all future payments of compensation computed as of the date of the award of compensation at four per centum, true discount, compounded annually. The probability of the beneficiary's death before the expiration of the period during which he is entitled to compensation shall be determined according to the American Experience Table of Mortality.
A conditional beneficiary is any person who may become entitled to compensation under this article on or after the death of the injured person. Sec. 313 (3), added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 408), as amended by sec. 18, act of June 25, 1918 (40 Stat. 611).
WAR RISK INSURANCE.
Soldiers and nurses entitled to, 1911.
Time limit, 1912.
Personnel of Cyclops, 1915.
Prisoners of war, 1916.
Permitted class, 1918.
Grandchild defined, 1920.
Assignment within permitted class, 1922.
Converted insurance, 1925.
heir survives, 1926. Contracts of insurance, 1927.
Premium rates, 1928.
Tables of Mortality, 1929.
Automatic insurance, 1933.
ance fund. 1936.
Fees and mileage of witnesses, 1940.
Record of insurance, 1942.
1911. Soldiers and nurses entitled to insurance.—That in order to give to every commissioned officer and enlisted man and to every member of the Army Nurse Corps (female) and of the Navy Nurse Corps (female) when employed in active service under the War Department or Navy Department greater protection for themselves and their dependents than is provideci in Article III, the United States, upon application to the bureau and without medical examination, shall grant insurance against the death or total permanent disability of any such person in any multiple of $500, and not less than $1,000 or more than $10,000, upon the payment of the premiums as hereinafter provided. Sec. 400, added to the act of Sept. 2, 1911, by sec. 2, act of Oct. 6, 1917 (40 Stat. 409).
Notes of Decisions.
Application for insurance.-The privilege of applying for insurance under section 400 of the amendment of Oct. 6, 1917, to the war-risk insurance act (40 Stat. 409), is
confined to persons in the military or naval service of the United States, including of course their duly authorized representatives. 31 Op. Atty. Gen. 188.
1912. Time limit for making application for insurance. That such insurance must be applied for within one hundred and twenty days after enlistment or after entrance into or employment in the active service and before discharge or resignation, except that those persons who are in the active war service at the time of the publication of the terms and conditions of such contract of insurance may apply at any time within one hundred and twenty days thereafter and while in such service:
Scc. 401, added to the act of Sept. 2, 1914,