[ Previous Page] [ Home Page ]
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. 6640 December 26, 1989 VETERANS: Eligibility of civilian or contract employee of federal armed forces for county veteran trust fund benefits A person who performed civilian employment or contract services to the armed forces of our country and secured an honorable discharge under 91 Stat 1449 (1977) does not qualify for benefits under the veteran trust fund programs set forth in MCL 35.21; MSA 4.1051. Jack G. Devine Director Michigan Veterans Trust Fund 611 West Ottawa P.O. Box 30026 Lansing, MI 48909 You have requested my opinion on a question relating to the eligibility of certain persons for county veterans trust fund program benefits. Your question may be stated as follows: Does certification as an honorably discharged veteran pursuant to 91 Stat 1449 (1977), as amended, meet the standards in MCL 35.21; MSA 4.1051, for eligibility for county veterans trust fund program benefits? 91 Stat 1449 (1977), as amended (printed as a note to 38 USC 106) provides, in pertinent part: (a)(1) Notwithstanding any other provision of law, the service of any person as a member of the Women's Air Forces Service Pilots (a group of Federal civilian employees attached to the United States Army Air Force during World War II), or the service of any person in any other similarly situated group the members of which rendered service to the Armed Forces of the United States in a capacity considered civilian employment or contractual service at the time such service was rendered, shall be considered active duty for the purposes of all laws administered by the Veterans' Administration if the Secretary of Defense, pursuant to regulations which the Secretary shall prescribe--(A) after a full review of the historical records and all other available evidence pertaining to the service of any such group, determines, on the basis of judicial and other appropriate precedent, that the service of such group constituted active military service, and (B) in the case of any such group with respect to which such Secretary has made an affirmative determination that the service of such group constituted active military service, issues to each member of such group a discharge from such service under honorable conditions where the nature and duration of the service of such member so warrants. Discharges issued pursuant to the provisions of the first sentence of this paragraph shall designate as the date of discharge that date, as determined by the Secretary of Defense, on which such service by the person concerned was terminated. [ Emphasis added.] Thus, 91 Stat 1449 (1977) provides that certain activities, described in the section, shall constitute "active duty" and provides for the honorable discharge from such services for purposes of all of the laws that are administered by the Veterans Administration. A person may receive an honorable discharge certification under this provision if that person has rendered services "to the Armed Forces" in a "capacity considered civilian employment or contractual service at the time such service was rendered." 38 USC 101(10) defines "Armed Forces" as "United States Army, Navy, Marine Corps, Air Force and Coast Guard, including the reserve components thereof." Thus, Congress, in its wisdom, has limited the active service and discharge from such service under honorable conditions to the purposes of all laws administered by the Veterans Administration. 1899 PA 214, Sec. 1, MCL 35.21; MSA 4.1051, provides for an annual tax levy by the county board of commissioners of each county to fund the "relief of honorably discharged indigent members of the army, navy, air force, marine corps, coast guard, and women's auxiliaries of all wars or military expeditions in which the United States of America has been, is, or may hereafter be a participant...." The Legislature amended this statute by means of 1984 PA 168 to delineate the branches of the armed forces of the United States. There is nothing in the history of the enactment of 1984 PA 168 to indicate any legislative intent to modify the term "honorably discharged indigent members" to include persons granted honorable discharges after civilian or contractual services to the armed forces of the United States for the purpose of eligibility for indigent veterans trust fund program benefits. See Senate Legislative Analysis, SB 420, June 25, 1984. Persons who rendered civilian employment or contract services to the armed forces were not members of the armed forces identified in MCL 35.21; MSA 4.1051, despite the fact that Congress considered such service to be considered active duty for the purposes of laws administered by the Veterans Administration. The honorable discharge granted to such persons pursuant to 91 Stat 1449 (1977) is not the honorable discharge of a member of the armed forces of our country as contemplated by the Legislature in MCL 35.21; MSA 4.1051. The Legislature, of course, may amend the statute to make veterans trust fund program benefits available to such persons. It is my opinion, therefore, that a person who performed civilian employment or contractual service to the armed forces of our country and secured an honorable discharge under 91 Stat 1449 (1977) does not qualify for benefits under the veterans trust fund programs set forth in MCL 35.21; MSA 4.1051. Frank J. Kelley Attorney General
[ Previous Page] [ Home Page ]