(a) The purpose of this article is to provide educational opportunities for the children and spouses of those:

Terms Used In West Virginia Code 18-19-1

  • children: as used in this article includes any child of a veteran who has been legitimized by operation of law prior to the veteran'. See West Virginia Code 18-19-1
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • spouse: as used in this article includes any spouse who remained married to the veteran prior to the veteran'. See West Virginia Code 18-19-1
  • State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10

(1) Who served in:

(A) The Army, Navy or Marine Corps of the United States during the world war from April 6, 1917, to July 2, 1921, all dates inclusive;

(B) The Armed Forces of the United States of America at any time between December 1, 1941, and the declaration of peace by the Congress of the United States, all dates inclusive;

(C) The Armed Forces of the United States of America at any time between June 27, 1950, and January 31, 1955, all dates inclusive;

(D) The Armed Forces of the United States of America at any time between August 5, 1964, and May 7, 1975, all dates inclusive; or

(E) The Armed Forces of the United States of America at any time during which the forces or members of the reserve components are called to active duty by the President of the United States under Title 10 of the United States Code for the purpose of entering into armed combat; and

(2) Who were killed in action or have died or may hereafter die from disease or disability resulting from their war service.

(b) For the purpose of this article, there is appropriated from the state General Revenue Fund the sum of at least $5,000 for each fiscal year commencing July 1, and ending on June 30 of each year of the next biennium to be used for the benefit of these children and spouses while attending post-secondary education or training institutions.

(c) This benefit also shall be given to children and spouses of a service member killed during hostile actions as defined by the agency administering this section.

(d) The term "children" as used in this article includes any child of a veteran who has been legitimized by operation of law prior to the veteran's demise.

(e) The term "spouse" as used in this article includes any spouse who remained married to the veteran prior to the veteran's demise and who was neither the plaintiff nor defendant in any active divorce or annulment proceedings against the veteran at the time of the veteran's demise.