Death & Survivor Benefits

Vermont National Guard State Active Duty Death Benefit

A $50,000 State death benefit for a Vermont National Guard member who dies on State active duty or from injuries incurred on it. State active duty is outside the federal death gratuity, which is what this fills.

Also called: $50,000, death benefit, 20 VSA 607, state active duty, National Guard, line of duty.

For: Survivor.

Where it applies

Written for the jurisdictions listed here.

Title 20, section 607 establishes a death benefit in the amount of $50,000.00 for each Vermont National Guard member who dies while on State active duty, or as the result of injuries incurred while on State active duty, provided the death or the injuries resulted from performing State active duty or from engaging in conduct related to State active duty. The reason this exists is the gap it fills. A Guard member on federal Title 10 or Title 32 status is covered by the federal death gratuity and by Servicemembers' Group Life Insurance. A Guard member called out by the Governor for a flood, a storm, or a civil emergency is on State active duty and is outside the federal death gratuity. Vermont pays its own. The "or engaging in conduct related to State active duty" clause is wider than a strict in-the-performance-of-duties test and is worth quoting to anyone administering a claim. State active duty carries other Vermont protections that run alongside this one. A member injured rather than killed on State active duty is covered by Vermont workers compensation under 21 V.S.A. chapter 9, and 21 V.S.A. 492(c) keeps the member's civilian employer-sponsored health insurance in place during the call-up, with the State paying the employer's share past 30 days. The benefit is a fixed statutory figure and has been $50,000 since 2007 Act 45, section 2. No disability rating is involved and no wartime service is required.

Thresholds

Thresholds for Vermont National Guard State Active Duty Death Benefit
GateRule
Death on State active duty, or from injuries incurred on itThe benefit runs to a Vermont National Guard member who dies while on State active duty or as the result of injuries incurred while on it, where the death or injuries resulted from performing State active duty or from conduct related to it. No disability rating is involved, so the rating filter never hides this benefit.

Sources

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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.