131.00.22 Ark. Code R. 001

Current through Register Vol. 49, No. 9, September, 2024
Rule 131.00.22-001 - Military Family Relief Trust Fund Operating Guide and Procedures

Introduction

1-1.Authority

This regulation is created pursuant to authority granted to The Adjutant General by the Arkansas Legislature through the adoption of Act No. 1028 of 2005, Act No. 827 of 2007, and Act No. 402 of 2015 (codified at Ark. Code Ann. §§ 19-5-1127 and 26-51-2506, respectively).

1-2.Purpose

The Military Family Relief Trust Fund was established to provide short term emergency financial assistance in the form of grants to members of the Arkansas National Guard and Reserve Components of the Armed Forces and/or families of these members. This fund provides a valuable means to assist and improve the morale and welfare of members of the Arkansas National Guard and Reserve Components of the Armed Forces.

1-3.Administrative Procedures

Pursuant to Ark. Code Ann. § 26-51-2506(h). The Adjutant General of the Arkansas National Guard has the responsibility to promulgate all rules necessary from implementing the grant program of the Military Family Relief Trust Fund. The Adjutant General has designated the Arkansas National Guard Foundation as his designated agent for the overseeing of the operation of the program, and for approving grant applications. Funds are administered through an account maintained by the Arkansas State Treasury.

Members may appeal a final decision of the Foundation to deny a grant to the Deputy Adjutant General of the Arkansas National Guard.

1-4.Eligibility

Any current member, or family member, of the Arkansas National Guard or a Reserve Component of the Armed Forces who is a resident of Arkansas Is eligible to request assistance. Pursuant to Ark. Code Ann. § 26-51-25O 6(h), eligibility criteria for receiving grants shall Include, but not be limited to, the following:

a. The need of the family:
b. The paygrade of the member of the National Guard and reserve components of the Armed Forces.
c. The difference between the member's military and civilian pay; or
d. Any other factors that establish the family's financial hardship.
1-5.Designated Agent

The Adjutant General has designated the Arkansas National Guard Foundation (the Foundation), a nonprofit organization organized under the taws of the state of Arkansas and recognized by the United States Internal Revenue Service as a tax exempt organization in accordance with section 501 (c) (3) of the Internal Revenue Code, to serve as his agent for administration of the Military Family Relief Trust Fund. The Foundation will receive grants from the Department of the Military in accordance with the Department's annual budget appropriation and will distribute those funds in accordance with Ark. Code Ann. §§ 19-5-1127 and 26-51-2506, and any additional guidance that the Adjutant General may issue from time to time. The Foundation will develop and publish procedures for accepting grant request, evaluating them in accordance with statutory guidance and making grants consistence with that guidance. If the Foundation dentes a grant, there shall be a right of appeal in accordance with guidance below. The Foundation will maintain records of all grant requests and their decisions on those requests. The Foundation will supply the Department of the Military with a copy of their annual audit and will make their records of grants from the Military Family Relief Trust Funds available for review to the Department of the Military.

1-6.Application Procedures

The member or family member's first step will normally be to contact the unit First Sergeant or Unit Commander or Full Time Staff at the unit. Personnel may also contact someone in the Rear Detachment or the Family Readiness Office or local Family Assistance Center to assist in the process. Anyone who can act on the behalf of the member may apply for assistance if they have a properly executed Power-of-Attorney and proof of identification. The Service member in need, family member or unit representative on the member's behalf will prepare an application and submit to request assistance. It is preferred that the request be prepared and forwarded to the specific service representative who will verify eligibility. Each service will provide the POCs upon distribution of this information. The service representative wilt provide the application electronically to the Executive Director of the Arkansas National Guard Foundation for processing.

1-7.Emergency Assistance Approval Committee

The Adjutant General will appoint members of the Emergency Assistance Approval Committee to assist the Foundation in evaluating grant requests. The Committee may conduct its proceedings In person, or electronically. Decisions will be made by a majority vote of the committee. Electronic voting Is authorized. Recommended members of the committee include:

a. The State Senior Enlisted Advisor for the member's Service or Component within the State.
b. A Family Readiness Coordinator
c. The State Family Programs Director
d. The State Full Time Support Chaplain
e. The Executive Director of the National Guard Association of Arkansas
1-8.Appeals

Members may appeal a final decision of the Foundation to deny a grant to the Deputy Adjutant General of the Arkansas National Guard. In the event of an appeal, the Foundation will provide the Deputy Adjutant General with all documents relating to the grant request and a statement of reasons for Its decision to deny the grant. The Deputy Adjutant General may confirm the decision of the Foundation to deny the grant or approve the grant in whole or in part.

1-9.Fund Sources

Pursuant to Ark. Code Ann. § 26-51-2506(c), the Revenue Division of the Department of Finance and Administration includes on Arkansas individual income tax forms a reference to the Military Family Relief Check-off Program where individuals can donate money to the Military Family Relief Trust Fund. Pursuant to Ark. Code Ann. § 26-51-2506(d)(1), the Director of the Department of Finance and Administration may accept any gift, grants, bequests, devises, and donations made to the State of Arkansas for the purpose of funding the Military Family Relief Check-off Program.

1-10.Contact Information

Current members, or family members, of the Arkansas National Guard or a Reserve Component of the Armed Forces may contact The Arkansas National Guard Foundation at its offices on Camp Joseph T.

Robinson by calling 501-758-6422 or through its website at https://www.angf.us/.

131.00.22 Ark. Code R. 001

Adopted by Arkansas Register Volume 47, Number 12, Effective 12/1/2022