Death & Survivor Benefits
North Dakota National Guard Death Benefit for State Active Duty
The ceiling on the state death benefit for a Guard member who dies on state active duty rose from $15,000 to $100,000 in 2025. It is discretionary and subject to available funds.
Also called: death benefit, 37-01-48, $100,000, national guard, state active duty, HB 1076, beneficiary.
For: Survivor.
Where it applies
Written for the jurisdictions listed here.
- North DakotaState
Thresholds
| Gate | Rule |
|---|---|
| State active duty, not federal orders | The benefit reaches a Guard member who died while serving in a state active duty status under chapter 37-01. A death on federal Title 10 orders is covered by the federal death gratuity and SGLI instead. |
| A ceiling on a discretionary payment | The Guard "may pay" a death benefit not exceeding one hundred thousand dollars, subject to available funds. It is a maximum on a discretionary payment rather than a fixed entitlement, and the adjutant general may adopt implementing rules. |
| A designated beneficiary is recognised | Payment goes to a designated beneficiary where the member named one, and otherwise to next of kin. |
Sources
Legislation
Law the tracker is watching for this entry. See the legislation tracker for every jurisdiction.
Ch. 335, L. 2025 (House Bill 1076) Raised the National Guard state active duty death benefit from $15,000 to $100,000
- Introduced Done, , step 1 of 6
- In committee Done, , step 2 of 6
- Passed one chamber Done, , step 3 of 6
- Passed both chambers Done, , step 4 of 6
- Signed by the governor Done, , step 5 of 6
- In effect Done, , step 6 of 6
Amended 37-01-48 to raise the ceiling on the death benefit payable to the designated beneficiary or next of kin of a Guard member who died while serving on state active duty, from fifteen thousand dollars to one hundred thousand. Introduced at the request of the adjutant general, declared an emergency measure, approved March 17 and filed March 18, 2025. Tracked because the fifteen thousand dollar figure is still being published, including by the federal benefits libraries reviewed in 2026, and the difference to a bereaved family is eighty-five thousand dollars. The payment remains discretionary and subject to available funds, so the figure is a ceiling rather than an entitlement.
Sponsor
- House Government and Veterans Affairs Committee
Touches N.D.C.C. § 37-01-48
Updated
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Disclaimer
VetTOC is not affiliated with the U.S. Department of Veterans Affairs or the Department of Defense. Information is for reference only and is not an eligibility determination. Verify with VA, the relevant state or territory, or an accredited VSO.