The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 5472 March 29, 1979 VETERANS: Tuition waiver for children of totally disabled and deceased veterans COLLEGES AND UNIVERSITIES: Tuition waiver for children of totally disabled and deceased veterans Where a veteran who was totally disabled because of war-time services dies from a non-service connected cause, that veteran's child is not eligible for tuition waiver benefits authorized by 1935 PA 245 after the parent's death. Where a child of a totally disabled veteran has been certified as eligible due to the total disability of his or her living parent, eligibility for benefits under 1935 PA 245 does not cease if the parent dies of a cause not related to military service. Frank A. Schmidt, Jr. Executive Secretary Michigan Veterans Trust Fund Department of Management & Budget 122 S. Grand Avenue Second Floor Lansing, Michigan 48913 Referring to 1935 PA 245; MCLA 35.111 et seq; MSA 4.1331 et seq, you have requested my opinion upon the following two questions: Where a veteran was totally disabled because of wartime service dies from a non-service connected cause, would that veteran's child be eligible for benefits after the parent's death? Where a child of a totally disabled veteran has been certified eligible due to total disability of the living parent, does this eligibility cease if the parent dies of a cause not related to military service? 1935 PA 245, supra, Sec. 1 states in pertinent part: 'A person not under 16 and not over 22 years of age who has been a resident of this state for 12 months, and who is a child of a Michigan veteran who was killed in action or died from other cause during a war or war condition in which the United States has been, is, or may be a participant or who as a result of (1) wartime service has since died or is totally disabled, or who is officially listed by the United States government as missing in action in a foreign country, shall be admitted to and may attend a Michigan state tax supported educational or training institution of a secondary or college grade. . . . A person admitted to a Michigan tax supported institution under this act shall not be required to pay a tuition or any other fee which takes the place of tuition charges during the time in which that person is a student at the Michigan state institution. . . .' [Emphasis added] In answering your questions, reference is made to a fundamental rule of statutory construction which is that in determining the meaning of a statute the primary duty is to ascertain the intention of the legislature. In re School District No. 6, Paris and Wyoming Townships, Kent County, 284 Mich 132; 278 NW 792 (1938). Addressing the first question, it will be noted that the clause which refers to total disability is written in the present tense as follows: '. . . or who as a result of wartime service has since died or is totally disabled . . .' [1935 PA 245, Sec. 1, supra; Emphasis added] This language expresses the legislature's intent that the veteran at the time of his child's application for benefits either be then alive and totally disabled as a result of a wartime service or since deceased as a result of wartime service. No provision is made for the child of a veteran who did not die as a result of wartime service or has since died prior to the child's application, although such veteran might previously have been totally disabled as a result of wartime service. This question is, therefore, answered in the negative. As to the second question, 1935 PA 245, supra, Sec. 2, provides in pertinent part: 'The Michigan veterans' trust fund board of trustees shall determine the eligibility of a person who may make application for the benefits provided in section 1 . . .' After a determination of eligibility as provided in 1935 PA 245, Sec. 2, supra, it is mandated by 1935 PA 245, Sec. 1, supra, that such a child '. . . shall be admitted to and may attend a Michigan state tax supported educational or training institution of a secondary or college grade. . . .' And further, '. . . A person admitted to a Michigan tax supported institution . . . shall not be required to pay a tuition or any other fee . . . during the time in which that person is a student at the Michigan state institution. . . .' 1935 PA 245, Sec. 1, supra, requires that once eligibility is established and certified by the Michigan Veterans Trust Fund Board of Trustees, such child shall be admitted and may attend such institution without payment of fees while he or she continues to be a student there. The legislation indicates no intention that the child's eligibility, once established, shall be terminated by the subsequent death of a disabled veteran under whom he or she claims eligibility. The answer to the second question is 'no'. Frank J. Kelley Attorney General (1)