§ 9.4. Legal residence.
(a) Proof of residence. In addition to establishing the veteran status of the person for or on behalf of whom the bonus payment is sought, the applicant shall establish to the satisfaction of the Department that the individual was a legal resident of this Commonwealth at the time of service qualifying for payment of the bonus during the period August 2, 1990, to August 31, 1991. The proof of residence shall be the official records of the United States or other evidence deemed sufficient by the Adjutant General. A legal resident of this Commonwealth is an individual for whom this Commonwealth was the state of domicile and who did not claim legal residence in any other state for any purpose. A service member’s legal residence in this Commonwealth is not changed by virtue of military assignment to another state.
(b) Home of record in this Commonwealth shown in official military records. A veteran whose home of record is listed in this Commonwealth in official military records showing qualifying service during the period August 2, 1990, to August 31, 1991, will be considered a legal resident of this Commonwealth without regard to the veteran’s place of enlistment, commission or induction.
(c) Home of record in this Commonwealth not shown in official military records. In making a determination of legal residence in cases where official military records do not show this Commonwealth as the applicant’s home of record for the period of service, the Department will apply a rebuttable presumption that the veteran was not a legal resident of this Commonwealth. The applicant can rebut this presumption by showing facts and circumstances establishing that this Commonwealth was the applicant’s legal residence in that it was his permanent place of abode to which the applicant had an intent to return.
(d) Documentation. If an applicant is unable to show legal residence in this Commonwealth by means of official military records showing a home of record in this Commonwealth during the period of service, the Department may consider the following documentation when determining whether sufficient evidence exists to show by a preponderance of the available evidence that the veteran was a legal resident of this Commonwealth who did not claim legal residence in any other state at that time:
(1) Voter registration records for the period August 2, 1990, to August 31, 1991.
(2) Proof of payment of State Income Tax as a resident for 1990 or 1991.
(3) Pennsylvania driver’s license or Pennsylvania Identification Card and similar documentation for 1990 or 1991.
(4) Other proof of Pennsylvania residence address in 1990 or 1991, including high school diploma or attendance record for Pennsylvania high school, real estate records, utility receipts and other records showing residence in this Commonwealth.
(5) An affidavit of residence submitted by the applicant under penalty of law in which the applicant swears or affirms that the veteran on whose behalf the bonus payment was sought remained a legal resident of this Commonwealth and did not claim legal residence in any other state for any purpose during the period August 2, 1990, to August 31, 1991. A service member’s legal residence in this Commonwealth is not changed by virtue of military assignment to another state.
(e) Exclusion. An individual who received from any other state in the United States, a bonus, gratuity or compensation similar in nature or purpose to the bonus payable under the act is ineligible for a bonus payment under the act. Applicants shall certify as part of the application that the veteran did not receive the compensation or benefit payment from any other state. This exclusion does not apply to bonus, gratuity, compensation or benefit payments from the United States Government.
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