SB1331

Report Title:

Filipino WWII Veterans; Benefits

Description:

Allows a Filipino WWII veteran who currently receives Hawaii public assistance benefits for the aged, blind, and disabled to continue to receive the state benefit if the veteran returns to the Philippines to live permanently.

THE SENATE	S.B. NO.	1331
TWENTY-FIRST LEGISLATURE, 2001
STATE OF HAWAII

A BILL FOR AN ACT

relating to veterans.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that during World War II, the United States conscripted Filipinos serving the Commonwealth Army and other units into the U.S. Army, and that these soldiers served bravely and honorably. While they were acknowledged at the end of the war for their service, it was not until 1999 that President Clinton approved a federal law designed to address the needs of these aged Filipino veterans, many of whom would like to return to the Philippines for their final years of life.

The legislature further finds that under Hawaii law, Filipino veterans living in Hawaii would forfeit any state public assistance benefits they currently receive, should they wish to return to the Philippines.

The purpose of this Act is to allow Filipino veterans who return to the Philippines permanently, to continue to receive state public assistance benefits for the aged, blind, or disabled to which they are entitled.

SECTION 2. Chapter 363, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§363- Filipino veterans; benefits. (a) Notwithstanding any other law to the contrary, a person receiving benefits under section 346-52 on December 14, 1999, who:

(1) Is a veteran of World War II; and

(2) Was a member of the government of the Commonwealth of the Philippines military forces and was in the service of the United States on July 31, 1941, or thereafter;

shall be eligible to receive benefits under this section although the person does not retain a residence in the State and returns to the Republic of the Philippines. For the purposes of this section, the person shall maintain a permanent residence in the Republic of the Philippines without any lapse of the person's presence in the Republic of the Philippines for a period of more than thirty consecutive days in any period of twelve months, and without a lapse of the person's presence in the Republic of the Philippines for two periods of thirty consecutive days during a period of three years.

(b) Benefits under this section shall be for an amount of aid, which when added to a federal benefit received under Part A of Title XVI of the Social Security Act and other nonexempt income and resources, equals the following:

(1) For a blind applicant or recipient, $704 per month and for a married couple both qualifying for benefits under section 346-52 as blind, $1,372 per month;

(2) For a married couple, both qualifying for benefits under section 346-52, and one of whom is blind, $1,295 per month;

(3) For an aged or disabled applicant or recipient, $630 per month; and

(4) For a married couple both qualifying for benefits under section 346-52 as aged or disabled, $1,167 per month.

(d) Benefits paid under this section shall be for any period during which the recipient is eligible to receive benefits under Title 8 of the Federal Social Security Act as a result of the application of Public Law 106-169, subject to any limitations imposed by this section.

(e) This section shall apply only to a person who returns to the Republic of the Philippines for the period during which the person establishes and maintains a residence in the Republic of the Philippines and shall cease to apply to a person who, after receiving benefits pursuant to this section, leaves the Republic of the Philippines and establishes a residence outside the Republic of the Philippines.

(f) To assist the State in administering this chapter, the director of the department of human services shall seek an agreement with the federal government to administer this section in conjunction with benefits under Title 8 of the Federal Social Security Act."

SECTION 3. Section 346-52, Hawaii Revised Statutes, is amended to read as follows:

"[[]§346-52[]] Aged, blind, and permanently and totally disabled persons; eligibility for assistance. A person shall be eligible for public assistance who meets the requirements established by the Federal Supplemental Security Income Program or its successor agency, provided the person is also determined needy in accordance with state standards[.]; except as provided in section 363- ."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________