United States Code

§ 2003. Claims of employees of contractors.

(a) Payment by Secretary of Labor of certain claims; execution of releases.

The Secretary of Labor is authorized to receive, adjudicate according to law, and provide for the payment of any claim filed by any person specified in section 101 (a) of the Act entitled "An Act to provide benefits for the injury, disability, death, or enemy detention of employees of contractors with the United States, and for other purposes", approved December 2, 1942, as amended [section 1701 (a) of Title 421, or by the legal representative of any such person who may have died, for the amount by which (1) the total sum which would have been payable to such person by his employer (not including any payments for overtime), if such person's contract of employment had been in effect and he had been paid under it for the entire period during which he was entit'ed to receive benefits under section 101 (b) of such Act [section 1701 (b) of Title 421, exceeds (2) the entire amount creditable to such person's account for such period under the provisions of such section plus any amounts paid to such person by such employer for such period or recovered by such person in any legal action against such employer based upon such person's right against such employer for such period under the contract of employment, including payments in settlement of the liability of the employer arising under or out of such contract. No claim shal! be allowed to any person under the provisions of this section unless such person executes a full release to the employer and to the United States in respect to the liability of the employer arising under or out of the contract of employment, except liability for workmen's compensation benefits under the Act of August 16, 1941, as amended [sections 1651 to 1654 of Title 421, or detention or other benefits paid under the Act of December 2, 1942, as amended [sections 1701 to 1706 and 1711 to 1717 of Title 42]. Any claim allowed under the provisions of this section shall be certified by the Secretary of Labor to the Secretary of the Treasury for payment out of the War Claims Fund established by section 13 of this title [section 2012 of this Appendix].

(b) Cancellation of employees' obligations; repayment to employees.

(1) The Secretary of State is authorized and directed to cancel any obligation to the United States of any person specified in section 101 (a) of such Act of December 2, 1942 [section 1701 (a) of Title 421, to pay any sum which may have been advanced to or on behalf of any such person by the Department of State for the purpose of paying the costs of food and medical services furnished to such person during his period of internment by the Imperial Japanese Government or for the purpose of paying transportation or other expenses of repatriation.

(2) The Secretary of Labor is authorized to receive, adjudicate according to law, and provide for the payment of any claim filed by any person specified in section 101 (a) of such Act of December 2, 1942 [section 1701 (a) of Title 421, for the repayment of any sum which may have been paid by such person to the Department of State in settlement of any

obligation of the type referred to in paragraph (1) of this subsection. Any claim allowed under the provisions of this paragraph shall be certified by the Secretary of Labor to the Secretary of the Treasury for payment out of the War Claims Fund established by section 13 of this title [section 2012 of this Appendix].

Section 102 (a) of the Act entitled "An Act to provide benefits for the injury, disability, death, or enemy detention of employees of contractors with the United States, and for other purposes", approved December 2, 1942, as amended [section 1702 (a) of Title 421, is amended by striking out the proviso in such subsection and by substituting the following: "Provided, That the total compensation payable under this title [sections 1701 to 1706 of Title 421 for injury or death shall in no event exceed the limitations upon compensation as fixed in section 14 (m) of such Act [section 914 (m) of Title 33] as such section may from time to time be amended except that the total compensation shall not be less than that provided for in the original enactment of this Act [sections 1701 to 1706 and 1711 to 1717, of Title 421: Provided further, That any amendment to such Act [sections 901 to 921 and 922 to 950 of Title 331, the effect of which is to increase the amount of benefits payable for injury or death, shall be applied in the administration of this section as if the amendment had been in effect at the time of the particular injury or death and the compensation (except funeral and burial expenses) in any case previously determined shall be adjusted accordingly in respect to the beneficiary entitled thereto under the Act [sections 901 to 921 and 922 to 950 of Title 33]. (July 3, 1948, ch. 826, § 4, 62 Stat. 1241; 1950 Reorg. Plan No. 19, § 1, eff. May 24, 1950, 15 F. R. 3178, 64 Stat. 1271; Oct. 22, 1962, Pub. L. 87-846, title I, § 102, 76 Stat. 1107.)

AMENDMENTS

1962-Pub. L. 87-846 substituted "title" for "Act".

TRANSFER OF FUNCTIONS

The Bureau of Employees' Compensation, which performed the functions required of the Federal Security Administrator under this section as originally enacted, was transferred, with its functions, to the Department of Labor by 1950 Reorg. Plan No. 19, set out in the Appendix to Title 5, Government Organization and Employees. The Plan transferred the functions of the Federal Security Administrator and the Federal Security Agency, with respect to such Bureau, to the Secretary of Labor, and provided that all of such transferred functions shall be performed by the Secretary of Labor or, subject to his direction and control, by such officers, agencies, and employees of the Department of Labor as he shall designate. ABOLISHMENT AND SUCCESSION OF COMMISSION

The War Claims Commission, including the offices of its members, was abolished and the functions of the Commission and of the members, officers, and employees thereof were transferred to the Foreign Claims Settlement Commission of the United States by 1954 Reorg. Plan No. 1, §§ 2, 4, eff. July 1, 1954, 19 F.R. 3985, set out in the Appendix to Title 5, Government Organization and Employees. See, also, section 2001 of this Appendix and notes thereunder.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 2001, 2007, 2008, 2009, 2010, 2012, 2012a, 2013, 2017n of this Appendix.

§ 2004. Internees. (a) Definition.

As used in subsections (b) and (f) of this section, the term "civilian American citizen" means any person who, being then a citizen of the United States, was captured by the Imperial Japanese Government on or after December 7, 1941, at Midway. Guam, Wake Island, the Philippine Islands, or any Territory or possession of the United States attacked or invaded by such government, or while in transit to or from any such place, or who went into hiding at any such place in order to avoid capture or internment by such government; except (1) a person who at any time voluntarily gave aid to, collaborated with, or in any manner served such government, or (2) a person who at the time of his capture or entrance into hiding was a regularly appointed, enrolled, enlisted, or inducted member of any military or naval force.

(b) Payment of detention benefits.

The Commission is authorized to receive, adjudicate according to law, and provide for the payment of any claim filed by, or on behalf of, any civilian American citizen for detention benefits for any period of time subsequent to December 6, 1941, during which he was held by the Imperial Japanese Government as a prisoner, internee, hostage, or in any other capacity, or remained in hiding to avoid being captured or interned by such Imperial Japanese Government. (c) Amount of detention benefits.

The detention benefit allowed to any person under the provisions of subsection (b) of this section shall be at the rate of $60 for each calendar month during which such person was at least eighteen years of age and at the rate of $25 per month for each calendar month during which such person was less than eighteen years of age.

(d) Persons entitled to detention benefits.

The detention benefits allowed under subsection (b) of this section shall be allowed to the person entitled thereto, or, in the event of his death, only to the following persons:

(1) Widow or husband if there is no child or children of the deceased;

(2) Widow or husband and child or children of the deceased, one-half to the widow or husband and the other half to the child or children in equal shares;

(3) Child or children of the deceased (in equal shares) if there is no widow or husband; and (4) Parents (in equal shares) if there is no husband, or child.

(e) Certification of claims.

Any claim allowed by the Commission under this section (except under subsections (g) and (i)) shall be certified to the Secretary of the Treasury for payment out of the war claims funds established by section 13 of this title [section 2012 of this Appendix], and shall be payable by the Secretary of the Treasury to the person entitled thereto; except that where the person entitled to payment is under any legal disability, any part of the amount payable may, in the discretion of the Commission, be paid, for the use of the claimant, to the natural or legal guardian, committee, conservator, or curator of the claimant,

or, if there is no such guardian, committee, conservator, or curator, then the Commission may, in its discretion, make payment to any other person, including the spouse of such claimant, whom the Commission may determine is vested with the care of the claimant or his estate for the use and benefit of such claimant or estate; and if such person is a minor, any part of the amount payable may, in the discretion of the Commission, be paid to such minor. (f) Application of sections 1701 to 1706 and 1711 to 1717 of Title 42; factors for determining benefits; effective date.

(1) Except as otherwise provided in this subsection, the provisions of titles I and II of the Act entitled "An Act to provide benefits for the injury, disability, death, or enemy detention of employees of contractors with the United States, and for other purposes", approved December 2, 1942, as amended [sections 1701 to 1706 and 1711 to 1717 of Title 421, are extended and shall apply with respect to the injury, disability, or death resulting from injury of a civilian American citizen occurring while he was held by or in hiding from the Imperial Japanese Government, to the same extent as if such civilian American citizen were an employee within the purview of such Act of December 2, 1942, as amended [sections 1701 to 1706 and 1711 to 1717 of Title 421.

(2) For the purpose of determining the benefits extended and made applicable by paragraph (1)—

(A) the average weekly wage of any such civilian American citizen, whether employed, selfemployed, or not employed, shall be deemed to have been $37.50;

(B) the provisions of such Act [sections 1701 to 1706 and 1711 to 1717 of Title 421 shall be applicable whether or not any such civilian American citizen was employed;

(C) notice of injury or death shall not be required; and limitation provisions with respect to the filing of claims for injury, disability, or death shall not begin to run until the date of enactment of this section [July 3, 1948]; and

(D) the monthly compensation in cases involving partial disability shall be determined by the percentage the degree of partial disability bears to total disability and shall not be determined with respect to the extent of loss of wage earning capacity.

(3) The following provisions of such Act of December 2, 1942, as amended [sections 1701 to 1706 and 1711 to 1717 of Title 421, shall not apply in the case of such civilian American citizens: The last sentence of section 101 (a), section 101 (b), section 101 (d), section 104, and section 105 [sections 1701 (a), (b), (d), 1704, and 1705 of this Appendix].

(4) Rights or benefits which, under this subsection, are to be determined with reference to other provisions of law shall be determined with reference to such provisions of law as in force on January 3, 1948.

(5) The money benefit for disability or death shall be paid only to the person entitled thereto, or to his legal or natural guardian if he has one, and shall not upon death of the person so entitled survive for the benefit of his estate or any other person.

(6) The benefit of a minor or of an incompetent person who has no natural or legal guardian may, in

the discretion of the Secretary of Labor, be paid, in whole or in such part as he may determine for and on behalf of such minor or incompetent directly to the person or institution caring for, supporting, or having custody of such minor or incompetent.

(7) No person, except a widow or a child, shall be entitled to benefits for disability with respect to himself, and to death benefits on account of the death of another.

(8) If a civilian American citizen or his dependent receives or has received from the United States any payments on account of the same injury or death, or from his employer, in the form of wages, or payments in lieu of wages, or in any form of support or compensation (including workmen's compensation) in respect to the same objects, the benefits under this section shall be diminished by the amount of such payments in the following manner: (A) Benefits on account of injury or disability shall be reduced by the amount of payments to the injured person on account of the same injury or disability; and (B) benefits on account of death shall be reduced by the amount of payments to the dependents of the deceased civilian American citizen on account of the same death.

(9) This subsection shall take effect as of December 7, 1941, and the right of individuals to benefits shall be held to have begun to accrue as though this subsection had been in effect as of such date.

(10) No benefits provided by this subsection for injury, disability, or death shall accrue to any person who, without regard to this subsection, is entitled to or has received benefits for the same injury, disability, or death under such Act of December 2, 1942, as amended [sections 1701 to 1706 and 1711 to 1717 of Title 421.

(11) No benefits provided by this subsection shall accrue to any person to whom benefits have been paid, or are payable, under the Federal Employees' Compensation Act [chapter 81 of Title 51, or any extension thereof, by reason of disability or death of an employee of the United States suffered after capture, detention, or other restraint by an enemy of the United States, when such disability or death is deemed, in the administration of the Federal Employees' Compensation Act [chapter 81 of Title 51, to have resulted from injury occurring while in the performance of duty, under subsection (b) of section 5 of the Act entitled "An Act to amend the Act entitled 'An Act to provide compensation for employees of the United States suffering injuries while in the performance of their duties, and for other purposes', as amended", approved July 28, 1945, as amended [now covered by section 8102 of Title 51.

(g) Benefits for civilian internees in Korea, and dependents; time.

(1) As used in this subsection, the term "civilian American citizens" means any person who, being then a citizen of the United States, was captured in Korea on or after June 25, 1950, by any hostile force with which the Armed Forces of the United States were actually engaged in armed conflict subsequent to such date and prior to August 21, 1954, or who went into hiding in Korea in order to avoid capture or internment by any such hostile

force; except (A) a person who at any time voluntarily, knowingly, and without duress, gave aid to or collaborated with or in any manner served any such hostile force, or (B) a regularly appointed, enrolled, enlisted, or inducted member of the Armed Forces of the United States.

(2) The Commission is authorized to receive and to determine, according to law, the amount and validity, and provide for the payment of any claim filed by, or on behalf of, any civilian American citizen for detention benefits for any period of time subsequent to June 25, 1950, during which he was held by any such hostile force as a prisoner, internee, hostage, or in any other capacity, or remained in hiding to avoid being captured or interned by any such hostile force.

(3) The detention benefit allowed to any person under the provisions of paragraph (2) of this subsection shall be at the rate of $60 for each calendar month during which such person was at least eighteen years of age and at the rate of $25 per month for each calendar month during which such person was less than eighteen years of age.

(4) The detention benefits allowed under paragraph (2) of this subsection shall be allowed to the person entitled thereto, or, in the event of his death, only to the following persons:

(A) widow or husband if there is no child or children of the deceased;

(B) widow or dependent husband and child or children of the deceased, one-half to the widow or dependent husband and the other half to the child or children in equal shares;

(C) child or children of the deceased (in equal shares) if there is no widow or dependent husband. (5) Any claim allowed by the Commission under this subsection shall be certified to the Secretary of the Treasury for payment out of funds appropriated pursuant to this subsection, and shall be paid by the Secretary of the Treasury to the person entitled thereto, except that where any person entitled to payment under this subsection is under any legal disability, payment may be made in accordance with the provisions of subsection (e) of this section.

(6) Each claim filed under this subsection must be filed not later than one year from whichever of the following dates last occurs:

(A) August 21, 1954;

(B) The date the civilian American citizen by whom the claim is filed returned to the jurisdiction of the United States; or

(C) The date upon which the Commission, at the request of a potentially eligible survivor, makes a determination that the civilian American citizen has actually died or may be presumed to be dead, in the case of any civilian American citizen who has not returned to the jurisdiction of the United States.

The Commission shall complete its determinations with respect to each claim filed under this subsection at the earliest practicable date, but in no event later than one year after the date on which such claim was filed.

(7) (A) There are authorized to be appropriated such amounts as may be necessary to carry out the

purposes of this subsection, including necessary administrative expenses.

(B) The Commission shall determine, from time to time, the share of its administrative expenses attributable to the performance of its functions under this subsection and make the appropriate adjustments in its accounts, and determinations and adjustments made pursuant to this subparagraph shall be final and conclusive.

(h) Benefits for Guamanians killed or captured at Wake Island on or after December 7, 1941. In the case of any Guamanian killed or captured by the Imperial Japanese Government on or after December 7, 1941, at Wake Island, benefits shall be granted under subsections (a) through (f) of this section in the same manner and to the same extent as apply in the case of civilian American citizens so killed or captured. (Claims for benefits under subsections (a) through (e) of this section must be filed within six months after the date of enactment of this subsection [Aug. 31, 19621, and the time limitation applicable to any individual by subsection (f) shall not begin to run until the date of enactment of this subsection [Aug. 31, 1962], with respect to any individual who is entitled to such benefits solely by reason of this subsection. The preceding sentence shall not be construed to affect the right of any individual to receive such benefits with respect to any period prior to the date of enactment of this subsection [Aug. 31, 1962].

(i) Detention benefits for civilian internees in Southeast Asia; definitions; authority of Commission; claim for benefits; rate of compensation; persons entitled to payments; certification for payment; filing date; determination of claims; appropriations.

(1) As used in this subsection

(A) the term "Vietnam conflict" relates to the period beginning on February 28, 1961, and ending on such date as shall thereafter be determined by Presidential proclamation or concurrent resolution of the Congress; and

(B) the term "civilian American citizen" means any person who, being then a citizen of the United States, was captured in Southeast Asia during the Vietnam conflict by any force hostile to the United States, or who went into hiding in Southeast Asia, in order to avoid capture or internment by any such hostile force, except (i) a person who voluntarily, knowingly, and without duress, gave aid to or collaborated with or in any manner served any such hostile force, or (ii) a regularly appointed, enrolled, enlisted, or inducted member of the Armed Forces of the United States.

(2) The Commisison is authorized to receive and to determine, according to law, the amount and validity, and provide for the payment of any claim filed by, or on behalf of, any civilian American citizen for detention benefits for any period of time subsequent to February 27, 1961, during which he was held by any such hostile force as a prisoner, internee, hostage, or in any other capacity, or remained in hiding to avoid capture or internment by any such hostile force.

(3) The detention benefits allowed under paragraph (2) of this subsection shall be at the rate of $60 for each calendar month.

(4) The detention benefits allowed under paragraph (2) of this subsection shall be allowed to the civilian American citizen entitled thereto, or, in the event of his death, only to the following persons:

(A) the widow or husband if there is no child or children of the deceased;

(B) the widow or dependent husband and child or children of the deceased, one-half to the widow or dependent husband and the other half to the child or children in equal shares;

(5) Any claim allowed by the Commission under this subsection shall be certified to the Secretary of the Treasury for payment out of funds appropriated pursuant to this subsection, and shall be paid to the person entitled thereto, except that if a person entitled to payment under this section is under any legal disability, payment shall be made in accordance with the provisions of subsection (e) of this section. (6) Each claim filed under this section must be filed not later than three years from whichever of the following dates last occurs:

(A) the date of enactment of this subsection; (B) the date the civilian American citizen by whom the claim is filed returned to the jurisdiction of the United States; or

(C) the date upon which the Commission, at the request of a potentially eligible survivor, makes a determination that the civilian American citizen has actually died or may be presumed to be dead, in the case of any civilian American citizen who has not returned to the jurisdiction of the United States.

The Commission shall complete its determinations for each claim field under this subsection at the earliest practicable date, but not later than one year after the date on which such claim was filed.

(7) There are authorized to be appropriated such amounts as may be necessary to carry out the purposes of this subsection, including necessary administrative expenses. (July 3, 1948, ch. 826 § 5, 62 Stat. 1242; 1950 Reorg. Plan No. 19, § 1, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1271; Apr. 9, 1952, ch. 168, § 1, 66 Stat. 49; Aug. 21, 1954, ch. 784, § 1, 68 Stat. 759; Aug. 31, 1954, ch. 1162, title I, §§ 101 (a−6), 102(a), 68 Stat. 1033; Aug. 31, 1962, Pub. L. 87-617, 76 Stat. 413; Oct. 22, 1962, Pub. L. 87-846, title I, § 102, 76 Stat. 1107; June 24, 1970, Pub. L. 91-289, § 3, 84 Stat. 324.)

REFERENCES IN TEXT

Date of enactment of this subsection, referred to in subsec. (1) (6) (A), was June 24, 1970, the date on which Pub. L. 91-289, enacting such provision, became law.

AMENDMENTS

1970 Subsec. (e). Pub. L. 91-289, § 3(1), included reference to subsec. (1) in the parenthetical phrase. Subsec. (i). Pub. L. 91-289, § 3(2), added subsec. (1). 1962 Subsec. (e). Pub. L. 87-846 substituted "title" for "Act."

Subsec. (h). Pub. L. 87-617 added subsec. (h). 1954 Subsec. (a). Act Aug. 31, 1954, § 101 (a), included as eligible for detention benefits, civilian American citizens who were captured at certain Pacific islands by the Japanese, but who were formerly expressly excluded from these benefits by reason of being Federal employees or employees of contractors with the United States, and to

make them eligible for disability compensation. Act Aug. 21, 1954, § 1(b), limited the application of such section's definition of "civilian American citizen" to subsecs. (b) and (f) of this section.

Subsec. (d). Act Aug. 31, 1954, § 102 (a), (b), struck out word "dependent" wherever appearing, and added clause (4).

Subsec. (e). Act Aug. 21, 1954, § 1(c), near the beginning of such subsection, inserted "(except under subsection (g))" after "under this section".

Subsec. (f) (3). Act Aug. 31, 1954, § 101(b), provided that last sentence of section 101 (a) [1701 (a) of this Appendix] and section 101(d) [1701(d) of this Appendix] should not operate to exclude civilian American citizens from entitlement to medical care or disability compensation.

Subsecs. (f) (10), (11). Act Aug. 31, 1954, § 101 (c), added subsecs. (b) (10), (11).

Subsec. (g). Act Aug. 21, 1954, § 1(a), added subsec. (g).

1952-Subsec. (e). Act Apr. 9, 1952, allowed the award for the benefit of claimant to be paid to the claimant's natural or legal guardian, committee, conservator, or curator, or to such other person as is charged with the care of the claimant, and permitted the payment of an award payable to a minor, directly to such minor.

SHORT TITLE

Section 1 of act Aug. 31, 1954, provided that act Aug. 31, 1954, which in enacting amendments to sections 2004, 2005, and 2012, of this Appendix, adding sections 20142016 of this Appendix, enacting notes under sections 2004 and 2008 of this Appendix, and amending section 801(b) of former Title 5, should be popularly known as the "War Claims Act Amendments of 1954."

TRANSFER OF FUNCTIONS

ABOLISHMENT AND SUCCESSION OF COMMISSION

The War Claims Commission, including the offices of its members, was abolished and the functions of the Commission and of the members, officers, and employees thereof were transferred to the Foreign Claims Settlement Commission of the United States by 1954 Reorg. Plan No. 1, §§ 2, 4, eff. July 1, 1954, 19 F.R. 3985, set out in the Appendix to Title 5, Government Organization and Employees. See also, section 2001 of this Appendix and notes thereunder.

FILING DATE FOR CLAIMS OF NEW CLASS OF BENEFICIARIES; TOLLING OF LIMITATIONS

Section 101 (e) of act Aug. 31, 1954, provided as follows:

"(1) Individuals entitled to benefits under subsections (b), (c), or (d) of section 5 of the War Claims Act of 1948, as amended [subsecs. (b)-(d) of this section], solely by reason of the amendments made by this Act [Act Aug. 31, 1954], must file claim therefor within one year after the date of enactment of this Act [Aug. 31, 1954].

"(2) The time limitations applicable to the filing of claims for benefits extended and made applicable to any Individual by subsection (f) of such section 5 [subsec. (f) of this section] shall not begin to run until the date of enactment of this Act [Aug. 31, 1954] with respect to any individual who is entitled to such benefits solely by reason of the amendments made by this Act [Act Aug. 31, 1954]. This paragraph shall not be construed to affect the right of any individual to receive such benefits with respect to any period prior to the date of enactment of this Act (Aug. 31, 1954]."

Section 102 (c) of act Aug. 31, 1954, provided that: "Individuals entitled to benefits solely by reason of the amendments made by this section must file claim therefor within one year after the date of enactment of this Act [Aug. 31, 1954]."

PRIOR BENEFITS AS AFFECTING RIGHTS

Section 102 (b) of act Aug. 31, 1954, provided that the amendments to sections 2004 (d) and 2005 (c), (d) (4) of this Appendix by section 102 of act Aug. 31, 1954, should not apply with respect to benefits paid prior to Aug. 31, 1954.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2001, 2005, 2007, 2008, 2009, 2010, 2012, 2012a, 2013, 2017n of this Appendix. § 2005. Prisoners of War.

(a) Definition.

As used in subsection (b) of this section, the term "prisoner of war" means any regularly appointed, enrolled, enlisted, or inducted member of the military or naval forces of the United States who was held as a prisoner of war for any period of time subsequent to December 7, 1941, by any government of any nation with which the United States has been at war subsequent to such date.

(b) Payment of claims; rate allowed; certification of claims.

The Commission is authorized to receive, adjudicate according to law, and provide for the payment of any claim filed by any prisoner of war for compensation for the violation by the enemy government by which he was held as a prisoner of war, or its agents, of its obligation to furnish him the quantity or quality of food to which he was entitled as a prisoner of war under the terms of the Geneva Convention of July 27, 1929. The compensation allowed to any prisoner of war under the provisions of this subsection shall be at the rate of $1 for each day he was held as a prisoner of war on which the enemy government or its agents failed to furnish him such quantity or quality of food. Any claim allowed under the provisions of this subsection shall be certified to the Secretary of the Treasury for payment out of the War Claims Fund established by section 13 of this title [section 2012 of this Appendix].

Claims pursuant to subsection (b) of this section shall be paid to the person entitled thereto, and shall in case of death of the persons who are entitled be payable only to or for the benefit of the following persons:

(1) Widow or husband if there is no child or children of the deceased;

(2) Widow or husband and child or children of the deceased, one-half to the widow or husband and the other half to the child or children of the deceased in equal shares;

(3) Child or children of the deceased (in equal shares) if there is no widow or husband; and

(4) Parents (in equal shares) if there is no widow, husband, or child.

(d) Additional definition of "prisoner of war"; payment of claims; rate allowed; persons entitled to payments.

(1) As used in this subsection the term "prisoner of war" means any regularly appointed, enrolled, enlisted, or inducted member of the military or naval

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