Legislación
US (United States) Code. Title 38. Part II. Chapter 15: Pension for non-service-connected disability or death
-CITE-
38 USC CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED
DISABILITY OR DEATH OR FOR SERVICE 01/06/03
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
-HEAD-
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
-MISC1-
SUBCHAPTER I - GENERAL
Sec.
1501. Definitions.
1502. Determinations with respect to disability.
1503. Determinations with respect to annual income.
1504. Persons heretofore having a pensionable status.
1505. Payment of pension during confinement in penal
institutions.
1506. Resource reports and overpayment adjustments.
1507. Disappearance.
1508. Frequency of payment of pension benefits.
SUBCHAPTER II - VETERANS' PENSIONS
SERVICE PENSION
1511. Indian War veterans.
1512. Spanish-American War veterans.
1513. Veterans 65 years of age and older.
NON-SERVICE-CONNECTED DISABILITY PENSION
1521. Veterans of a period of war.
1522. Net worth limitation.
1523. Combination of ratings.
1524. Vocational training for certain pension recipients.
1525. Protection of health-care eligibility.
SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND CHILDREN
WARS BEFORE WORLD WAR I
1532. Surviving spouses of Civil War veterans.
1533. Children of Civil War veterans.
1534. Surviving spouses of Indian War veterans.
1535. Children of Indian War veterans.
1536. Surviving spouses of Spanish-American War veterans.
1537. Children of Spanish-American War veterans.
OTHER PERIODS OF WAR
1541. Surviving spouses of veterans of a period of war.
1542. Children of veterans of a period of war.
1543. Net worth limitation.
SUBCHAPTER IV - ARMY, NAVY, AIR FORCE, AND COAST GUARD MEDAL OF
HONOR ROLL
1560. Medal of Honor Roll; persons eligible.
1561. Certificate.
1562. Special provisions relating to pension.
AMENDMENTS
2001 - Pub. L. 107-103, title II, Sec. 207(a)(2), Dec. 27, 2001,
115 Stat. 991, added item 1513.
1992 - Pub. L. 102-568, title IV, Secs. 402(c)(2)(B), 403(b)(2),
Oct. 29, 1992, 106 Stat. 4337, 4338, substituted "Vocational
training for certain pension recipients" for "Temporary program of
vocational training for certain new pension recipients" in item
1524 and "Protection" for "Temporary protection" in item 1525.
1991 - Pub. L. 102-83, Sec. 5(b)(1), Aug. 6, 1991, 105 Stat. 406,
renumbered items 501 to 562 as 1501 to 1562, respectively.
Pub. L. 102-25, title III, Sec. 333(c)(2), Apr. 6, 1991, 105
Stat. 88, substituted "Other Periods of War" for "Mexican Border
Period, World War I, World War II, Korean Conflict, and the Vietnam
Era" as subheading preceding item 541.
1986 - Pub. L. 99-576, title VII, Sec. 703(b)(3), Oct. 28, 1986,
100 Stat. 3303, inserted "program of" after "Temporary" in item
524.
1984 - Pub. L. 98-543, title III, Sec. 301(a)(2), Oct. 24, 1984,
98 Stat. 2746, added items 524 and 525.
1982 - Pub. L. 97-295, Sec. 4(14), Oct. 12, 1982, 96 Stat. 1305,
substituted "Honor Roll" for "honor roll" in item 560.
1978 - Pub. L. 95-588, title I, Secs. 104(b), 106(b), 109(b),
110(b), 112(b), Nov. 4, 1978, 92 Stat. 2499, 2502, 2504, 2505,
added item 508, substituted "Veterans of a period of war" for
"Veterans of the Mexican border period, World War I, World War II,
the Korean conflict, or the Vietnam era" in item 521, substituted
"Surviving spouses of veterans of a period of war" for "Surviving
spouses of Mexican border period, World War I, World War II, Korean
conflict, or Vietnam era veterans" in item 541, substituted
"Children of veterans of a period of war" for "Children of Mexican
border period, World War I, World War II, Korean conflict, or
Vietnam era veterans" in item 542, struck out heading "Surviving
Spouses of Veterans of All Periods of War" following item 543, and
struck out item 544.
1975 - Pub. L. 94-169, title I, Secs. 101(2)(J), 106(24), (30),
(38), Dec. 23, 1975, 89 Stat. 1014, 1018, 1019, struck out items
510 relating to confederate forces veterans, and 531 relating to
widows of Mexican War veterans, substituted "Surviving Spouses" for
"Widows" in heading of Subchapter III and subheading preceding item
544, and substituted "Surviving spouses" for "Widows" in items 532,
534, 536 and 541.
1970 - Pub. L. 91-588, Sec. 9(h), Dec. 24, 1970, 84 Stat. 1585,
inserted references to the Mexican border period in subheading
preceding item 541 and in items 521, 541, and 542, respectively.
1967 - Pub. L. 90-77, title I, Sec. 108(b), title II, Sec.
202(i), Aug. 31, 1967, 81 Stat. 180, 183, added item 544 and
included references to Vietnam era in subheading preceding item 541
and in items 521, 541, and 542, respectively.
1966 - Pub. L. 89-467, Sec. 1(b), June 22, 1966, 80 Stat. 218,
added item 507.
1963 - Pub. L. 88-77, Sec. 5(3), July 25, 1963, 77 Stat. 96,
substituted "ARMY, NAVY, AIR FORCE, AND COAST GUARD" for "ARMY,
NAVY, AND AIR FORCE", in heading of Subchapter IV.
1961 - Pub. L. 87-138, Sec. 2(b), Aug. 14, 1961, 75 Stat. 339,
struck out "entitling holder to pension" after "Certificate" in
item 561.
1959 - Pub. L. 86-211, Sec. 7(a), Aug. 29, 1959, 73 Stat. 436,
substituted "Determinations with respect to annual income" for
"Items not considered in determining income" in item 503, "Net
worth limitation" for "Income limitations" in item 522, and "Net
worth limitation" for "Widows of World War II or Korean conflict
veterans" in item 543, included widows of World War II and Korean
conflict veterans in item 541 and children of World War II and
Korean conflict veterans in item 542, added item 506, and struck
out items 544 and 545 which related to children of World War II or
Korean conflict veterans and to income limitations.
-SECREF-
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in sections 1312, 1315, 1717, 1718,
5125, 5304, 5306, 5310, 5313B, 5317 of this title; title 26 section
6103; title 31 section 3803; title 42 section 6862.
-End-
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38 USC SUBCHAPTER I - GENERAL 01/06/03
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER I - GENERAL
-HEAD-
SUBCHAPTER I - GENERAL
-End-
-CITE-
38 USC Sec. 1501 01/06/03
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER I - GENERAL
-HEAD-
Sec. 1501. Definitions
-STATUTE-
For the purposes of this chapter -
(1) The term "Indian Wars" means the campaigns, engagements, and
expeditions of the United States military forces against Indian
tribes or nations, service in which has been recognized heretofore
as pensionable service.
(2) The term "World War I" includes, in the case of any veteran,
any period of service performed by such veteran after November 11,
1918, and before July 2, 1921, if such veteran served in the active
military, naval, or air service after April 5, 1917, and before
November 12, 1918.
(3) The term "Civil War veteran" includes a person who served in
the military or naval forces of the Confederate States of America
during the Civil War, and the term "active military or naval
service" includes active service in those forces.
(4) The term "period of war" means the Mexican border period,
World War I, World War II, the Korean conflict, the Vietnam era,
the Persian Gulf War, and the period beginning on the date of any
future declaration of war by the Congress and ending on the date
prescribed by Presidential proclamation or concurrent resolution of
the Congress.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1134, Sec. 501; Pub. L.
94-169, title I, Sec. 106(1), Dec. 23, 1975, 89 Stat. 1017; Pub. L.
95-588, title I, Sec. 101, Nov. 4, 1978, 92 Stat. 2497; Pub. L.
102-25, title III, Sec. 333(a), Apr. 6, 1991, 105 Stat. 88;
renumbered Sec. 1501, Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105
Stat. 406.)
-MISC1-
PRIOR PROVISIONS
Prior sections 1500 and 1501 were renumbered sections 3100 and
3101 of this title, respectively.
Another prior section 1501, Pub. L. 85-857, Sept. 2, 1958, 72
Stat. 1171; Pub. L. 93-508, title I, Sec. 101(1), Dec. 3, 1974, 88
Stat. 1578, defined "World War II" and "vocational rehabilitation"
for purposes of chapter 31 of this title, prior to the general
revision of chapter 31 of this title by Pub. L. 96-466. Section
802(a)(3) of Pub. L. 96-466, set out as an Effective Date note
under section 3100 of this title, provided that this prior section
1501 continue in effect until Mar. 31, 1981.
AMENDMENTS
1991 - Pub. L. 102-83 renumbered section 501 of this title as
this section.
Par. (4). Pub. L. 102-25 inserted "the Persian Gulf War," after
"the Vietnam era,".
1978 - Par. (4). Pub. L. 95-588 added par. (4).
1975 - Par. (2). Pub. L. 94-169 substituted "such veteran" for
"him".
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section
401 of Pub. L. 95-588, set out as a note under section 101 of this
title.
EFFECTIVE DATE OF 1975 AMENDMENT
Section 106 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
PENSION PROGRAM FOR NONSERVICE-CONNECTED DISABILITY OR DEATH;
REPORT BY ADMINISTRATOR
Pub. L. 94-432, title IV, Sec. 404, Sept. 30, 1976, 90 Stat.
1372, provided that, due to certain insufficiencies in pension
program for nonservice-connected disability or death authorized by
this chapter, and lack of sufficient long-range information as to
actual and anticipated financial characteristics of potential
pensioners and their families upon which to estimate costs of
existing alternative pension programs, it was necessary for
Administrator of Veterans' Affairs to study existing and
alternative nonservice-connected pension programs and to submit a
report to Congress and the President not later than Oct. 1, 1977,
on alternative courses of legislative and administrative action and
long-range cost estimates therefor.
STUDY OF NEEDS AND PROBLEMS OF VETERANS AND THEIR WIDOWS
SEVENTY-TWO YEARS OF AGE OR OLDER; REPORT BY ADMINISTRATOR
Pub. L. 93-527, Sec. 8, Dec. 21, 1974, 88 Stat. 1705, directed
Administrator of Veterans' Affairs to study needs and problems of
veterans and their widows seventy-two years of age or older and
required him to report to Congress and President not later than one
hundred and eighty days after convening of Ninety-fourth Congress
results of study together with any recommendations for legislative
or administrative action.
-End-
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38 USC Sec. 1502 01/06/03
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TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER I - GENERAL
-HEAD-
Sec. 1502. Determinations with respect to disability
-STATUTE-
(a) For the purposes of this chapter, a person shall be
considered to be permanently and totally disabled if such person is
any of the following:
(1) A patient in a nursing home for long-term care because of
disability.
(2) Disabled, as determined by the Commissioner of Social
Security for purposes of any benefits administered by the
Commissioner.
(3) Unemployable as a result of disability reasonably certain
to continue throughout the life of the person.
(4) Suffering from -
(A) any disability which is sufficient to render it
impossible for the average person to follow a substantially
gainful occupation, but only if it is reasonably certain that
such disability will continue throughout the life of the
person; or
(B) any disease or disorder determined by the Secretary to be
of such a nature or extent as to justify a determination that
persons suffering therefrom are permanently and totally
disabled.
(b) For the purposes of this chapter, a person shall be
considered to be in need of regular aid and attendance if such
person is (1) a patient in a nursing home or (2) helpless or blind,
or so nearly helpless or blind as to need or require the regular
aid and attendance of another person.
(c) For the purposes of this chapter, the requirement of
"permanently housebound" will be considered to have been met when
the veteran is substantially confined to such veteran's house (ward
or clinical areas, if institutionalized) or immediate premises due
to a disability or disabilities which it is reasonably certain will
remain throughout such veteran's lifetime.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1134, Sec. 502; Pub. L.
88-664, Sec. 6(b), Oct. 13, 1964, 78 Stat. 1095; Pub. L. 90-77,
title I, Sec. 102, Aug. 31, 1967, 81 Stat. 178; Pub. L. 94-169,
title I, Sec. 106(2), Dec. 23, 1975, 89 Stat. 1017; Pub. L. 94-432,
title II, Sec. 201, Sept. 30, 1976, 90 Stat. 1369; Pub. L. 101-508,
title VIII, Sec. 8002(a), Nov. 5, 1990, 104 Stat. 1388-342;
renumbered Sec. 1502 and amended Pub. L. 102-83, Secs. 4(b)(1),
(2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 107-103,
title II, Sec. 206(a), Dec. 27, 2001, 115 Stat. 990.)
-MISC1-
PRIOR PROVISIONS
Prior section 1502 was renumbered section 3102 of this title.
Another prior section 1502, Pub. L. 85-857, Sept. 2, 1958, 72
Stat. 1171; Pub. L. 86-721, Sec. 3, Sept. 8, 1960, 74 Stat. 820;
Pub. L. 87-815, Sec. 7, Oct. 15, 1962, 76 Stat. 927; Pub. L.
89-138, Sec. 2(2), Aug. 26, 1965, 79 Stat. 578; Pub. L. 90-631,
Sec. 1(a), Oct. 23, 1968, 82 Stat. 1331; Pub. L. 92-540, title I,
Sec. 101(1), title III, Sec. 301, Oct. 24, 1972, 86 Stat. 1074,
1080; Pub. L. 93-508, title I, Sec. 101(2), Dec. 3, 1974, 88 Stat.
1578; Pub. L. 94-502, title I, Sec. 104(1), Oct. 15, 1976, 90 Stat.
2384, related to the basic entitlement of veterans with
service-connected disabilities to vocational rehabilitation under
chapter 31 of this title, prior to the general revision of chapter
31 of this title by Pub. L. 96-466. Section 802(a)(3) of Pub. L.
96-466, set out as an Effective Date note under section 3100 of
this title, provided that this prior section 1502 continue in
effect until Mar. 31, 1981.
Prior section 1502A, Pub. L. 87-591, Sec. 1, Aug. 16, 1962, 76
Stat. 393, which related to vocational rehabilitation for blinded
veterans, was repealed by Pub. L. 89-138, Sec. 2(3), Aug. 26, 1965,
79 Stat. 578.
AMENDMENTS
2001 - Subsec. (a). Pub. L. 107-103 substituted "such person is
any of the following:" and pars. (1) to (4) for "such a person is
unemployable as a result of disability reasonably certain to
continue throughout the life of the disabled person, or is
suffering from -
"(1) any disability which is sufficient to render it impossible
for the average person to follow a substantially gainful
occupation, but only if it is reasonably certain that such
disability will continue throughout the life of the disabled
person; or
"(2) any disease or disorder determined by the Secretary to be
of such a nature or extent as to justify a determination that
persons suffering therefrom are permanently and totally
disabled."
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 502 of this
title as this section.
Subsec. (a)(2). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator".
1990 - Subsec. (a). Pub. L. 101-508 amended introductory
provisions generally. Prior to amendment, introductory provisions
read as follows: "For the purposes of this chapter, a person shall
be considered to be permanently and totally disabled if such person
is sixty-five years of age or older or became unemployable after
age 65, or suffering from - ".
1976 - Subsec. (a). Pub. L. 94-432 inserted "or became
unemployable after age 65," after "or older".
1975 - Subsecs. (a) and (b). Pub. L. 94-169 substituted "such
person" for "he".
Subsec. (c). Pub. L. 94-169 substituted "such veteran's" for
"his" wherever appearing.
1967 - Subsec. (a). Pub. L. 90-77, Sec. 102(a), provided for
consideration of a person sixty-five years of age or older as
permanently and totally disabled.
Subsec. (b). Pub. L. 90-77, Sec. 102(b), added cl. (1) and
designated existing provisions as cl. (2).
1964 - Subsec. (c). Pub. L. 88-664 added subsec. (c).
EFFECTIVE DATE OF 2001 AMENDMENT
Pub. L. 107-103, title II, Sec. 206(b), Dec. 27, 2001, 115 Stat.
991, provided that: "The amendment made by subsection (a) [amending
this section] shall take effect as of September 17, 2001."
EFFECTIVE DATE OF 1990 AMENDMENT
Section 8002(b) of Pub. L. 101-508 provided that: "The amendment
made by subsection (a) [amending this section] shall apply with
respect to claims filed after October 31, 1990."
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94-432 effective Jan. 1, 1977, see section
405(b) of Pub. L. 94-432, set out as a note under section 1521 of
this title.
EFFECTIVE DATE OF 1975 AMENDMENT
Section 106 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
EFFECTIVE DATE OF 1967 AMENDMENT
Amendment by Pub. L. 90-77 effective first day of first calendar
month which begins more than ten days after Aug. 31, 1967, see
section 405 of Pub. L. 90-77, set out as a note under section 101
of this title.
EFFECTIVE DATE OF 1964 AMENDMENT
Amendment by Pub. L. 88-664 effective Jan. 1, 1965, see section
11 of Pub. L. 88-664, set out as a note under section 1503 of this
title.
-End-
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38 USC Sec. 1503 01/06/03
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER I - GENERAL
-HEAD-
Sec. 1503. Determinations with respect to annual income
-STATUTE-
(a) In determining annual income under this chapter, all payments
of any kind or from any source (including salary, retirement or
annuity payments, or similar income, which has been waived,
irrespective of whether the waiver was made pursuant to statute,
contract, or otherwise) shall be included except -
(1) donations from public or private relief or welfare
organizations;
(2) payments under this chapter;
(3) amounts equal to amounts paid by a spouse of a veteran for
the expenses of such veteran's last illness, and by a surviving
spouse or child of a deceased veteran for -
(A) such veteran's just debts,
(B) the expenses of such veteran's last illness, and
(C) the expenses of such veteran's burial to the extent such
expenses are not reimbursed under chapter 23 of this title;
(4) amounts equal to amounts paid -
(A) by a veteran for the last illness and burial of such
veteran's deceased spouse or child, or
(B) by the spouse of a living veteran or the surviving spouse
of a deceased veteran for the last illness and burial of a
child of such veteran;
(5) reimbursements of any kind for any casualty loss (as
defined in regulations which the Secretary shall prescribe), but
the amount excluded under this clause may not exceed the greater
of the fair market value or reasonable replacement value of the
property involved at the time immediately preceding the loss;
(6) profit realized from the disposition of real or personal
property other than in the course of a business;
(7) amounts in joint accounts in banks and similar institutions
acquired by reason of death of other joint owner;
(8) amounts equal to amounts paid by a veteran, veterans'
spouse, or surviving spouse or by or on behalf of a veteran's
child for unreimbursed medical expenses, to the extent that such
amounts exceed 5 percent of the maximum annual rate of pension
(including any amount of increased pension payable on account of
family members but not including any amount of pension payable
because a person is in need of regular aid and attendance or
because a person is permanently housebound) payable to such
veteran, surviving spouse, or child;
(9) in the case of a veteran or surviving spouse pursuing a
course of education or vocational rehabilitation or training,
amounts equal to amounts paid by such veteran or surviving spouse
for such course of education or vocational rehabilitation or
training, including (A) amounts paid for tuition, fees, books,
and materials, and (B) in the case of such a veteran or surviving
spouse in need of regular aid and attendance, unreimbursed
amounts paid for unusual transportation expenses in connection
with the pursuit of such course of education or vocational
rehabilitation or training, to the extent that such amounts
exceed the reasonable expenses which would have been incurred by
a nondisabled person using an appropriate means of transportation
(public transportation, if reasonably available); and
(10) in the case of a child, any current-work income received
during the year, to the extent that the total amount of such
income does not exceed an amount equal to the sum of -
(A) the lowest amount of gross income for which an income tax
return is required under section 6012(a) of the Internal
Revenue Code of 1986, to be filed by an individual who is not
married (as determined under section 7703 of such Code), is not
a surviving spouse (as defined in section 2(a) of such Code),
and is not a head of household (as defined in section 2(b) of
such Code); and
(B) if the child is pursuing a course of postsecondary
education or vocational rehabilitation or training, the amount
paid by such child for such course of education or vocational
rehabilitation or training, including the amount paid for
tuition, fees, books, and materials.
(b) Where a fraction of a dollar is involved, annual income shall
be fixed at the next lower dollar.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1134, Sec. 503; Pub. L.
86-211, Sec. 2(a), Aug. 29, 1959, 73 Stat. 432; Pub. L. 87-268,
Sec. 1(b), Sept. 21, 1961, 75 Stat. 566; Pub. L. 88-664, Sec. 1,
Oct. 13, 1964, 78 Stat. 1094; Pub. L. 90-77, title I, Sec. 103,
Aug. 31, 1967, 81 Stat. 178; Pub. L. 91-588, Sec. 7, Dec. 24, 1970,
84 Stat. 1584; Pub. L. 92-198, Sec. 2, Dec. 15, 1971, 85 Stat. 664;
Pub. L. 92-425, Sec. 6(2), Sept. 21, 1972, 86 Stat. 713; Pub. L.
94-169, title I, Secs. 101(2)(A), 106(3)-(8), Dec. 23, 1975, 89
Stat. 1013, 1017; Pub. L. 95-588, title I, Sec. 102, Nov. 4, 1978,
92 Stat. 2497; Pub. L. 97-295, Sec. 4(13), Oct. 12, 1982, 96 Stat.
1305; Pub. L. 100-687, div. B, title XIV, Sec. 1402(b), Nov. 18,
1988, 102 Stat. 4130; Pub. L. 102-54, Sec. 14(b)(5), June 13, 1991,
105 Stat. 283; renumbered Sec. 1503 and amended Pub. L. 102-83,
Secs. 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404-406.)
-REFTEXT-
REFERENCES IN TEXT
Sections 2, 6012(a), and 7703 of the Internal Revenue Code of
1986, referred to in subsec. (a)(10)(A), are classified to sections
2, 6012(a), and 7703 of Title 26, Internal Revenue Code,
respectively.
-MISC1-
PRIOR PROVISIONS
Prior section 1503 was renumbered section 3103 of this title.
Another prior section 1503, added Pub. L. 89-138, Sec. 1, Aug.
26, 1965, 79 Stat. 577; amended Pub. L. 91-24, Sec. 8, June 11,
1969, 83 Stat. 34; Pub. L. 94-502, title I, Secs. 102, 104(2), (3),
Oct. 15, 1976, 90 Stat. 2384, related to periods of eligibility for
vocational rehabilitation under chapter 31 of this title, prior to
the general revision of chapter 31 of this title by Pub. L. 96-466.
Section 802(a)(3) of Pub. L. 96-466, set out as an Effective Date
note under section 3100 of this title, provided that this prior
section 1503 continue in effect until Mar. 31, 1981.
Another prior section 1503, Pub. L. 85-857, Sept. 2, 1958, 72
Stat. 1171, was renumbered 1511 by Pub. L. 89-138, Sec. 2(4), Aug.
26, 1965, 79 Stat. 578.
AMENDMENTS
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 503 of this
title as this section.
Subsec. (a)(5). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator".
Subsec. (a)(8). Pub. L. 102-54, Sec. 14(b)(5)(A), substituted
"percent" for "per centum".
Subsec. (a)(10)(A). Pub. L. 102-54, Sec. 14(b)(5)(B), substituted
"Internal Revenue Code of 1986" for "Internal Revenue Code of 1954
(26 U.S.C. 6012(a))" and "section 7703" for "section 143".
1988 - Subsec. (a)(5). Pub. L. 100-687 amended par. (5)
generally. Prior to amendment, par. (5) read as follows: "proceeds
of fire insurance policies;".
1982 - Subsec. (a)(10)(A). Pub. L. 97-295 inserted "(26 U.S.C.
6012(a))" after "Code of 1954".
1978 - Subsec. (a)(1). Pub. L. 95-588, Sec. 102(a)(1), (2),
redesignated par. (2) as (1) and struck out former par. (1) which
related to payments of six-months death gratuity.
Subsec. (a)(2). Pub. L. 95-588, Sec. 102(a)(3), redesignated par.
(3) as (2) and, as so redesignated, struck out ", and chapters 11
and 13 (except section 412(a)) of this title" after "chapter".
Former par. (2) redesignated (1).
Subsec. (a)(3). Pub. L. 95-588, Sec. 102(a)(5), redesignated par.
(7) as (3). Former par. (3) redesignated (2).
Subsec. (a)(4). Pub. L. 95-588, Sec. 102(a)(4), (6), added par.
(4) and struck out former par. (4) which related to payments under
servicemen's life insurance or servicemen's indemnity.
Subsec. (a)(5). Pub. L. 95-588, Sec. 102(a)(4), (7), redesignated
par. (8) as (5) and struck out former par. (5) which related to
lump sum death payments.
Subsec. (a)(6). Pub. L. 95-588, Sec. 102(a)(4), (9), redesignated
par. (10) as (6) and struck out former par. (6) which related to
the ten per cent exclusion for individuals under public or private
retirement, annuity, endowment, or similar programs.
Subsec. (a)(7). Pub. L. 95-588, Sec. 102(a)(11), redesignated
par. (15) as (7). Former par. (7) redesignated (3).
Subsec. (a)(8). Pub. L. 95-588, Sec. 102(a)(13), added par. (8).
Former par. (8) redesignated (5).
Subsec. (a)(9). Pub. L. 95-588, Sec. 102(a)(8), (13), added par.
(9) and struck out former par. (9) which related to payments for
final illness and burial.
Subsec. (a)(10). Pub. L. 95-588, Sec. 102(a)(13), added par.
(10). Former subsec. (10) redesignated (6).
Subsec. (a)(11) to (14). Pub. L. 95-588, Sec. 102(a)(10), struck
out pars. (11) to (14) which related to payments for discharge of
jury duty, educational assistance allowances, bonuses based on
service in the Armed Forces, and indebtednesses secured by
mortgages, respectively.
Subsec. (a)(15). Pub. L. 95-588, Sec. 102(a)(11), redesignated
par. (15) as (7).
Subsec. (a)(16), (17). Pub. L. 95-588, Sec. 102(a)(12), struck
out pars. (16) and (17) which related to payments received by
retired persons and payments of annuities, respectively.
Subsec. (c). Pub. L. 95-588, Sec. 102(b), struck out former
subsec. (c) which related to the power of the Administrator to
exclude from income amounts paid by a veteran, surviving spouse, or
child for unusual medical expenses.
1975 - Subsec. (a)(7). Pub. L. 94-169, Sec. 106(3), (4),
substituted "spouse" for "wife", "such veteran's" for "his" and
"surviving spouse" for "widow" in introductory clause and "such
veteran's" for "his" in subcls. (A), (B) and (C).
Subsec. (a)(9). Pub. L. 94-169, Sec. 106(5), substituted "such
veteran's" for "his" in subcl. (A) and "surviving spouse" and
"spouse" for "widow" and "wife", respectively, in subcl. (B).
Subsec. (a)(14). Pub. L. 94-169, Sec. 106(6), substituted "such
veteran's surviving spouse" for "his widow".
Subsec. (a)(16). Pub. L. 94-169, Secs. 101(2)(A), 106(7),
inserted "and" after "as amended;", and substituted "such
employee's" for "his", respectively.
Subsec. (c). Pub. L. 94-169, Sec. 106(8), substituted "surviving
spouse" for "widow".
1972 - Par. (17). Pub. L. 92-425 substituted "subchapter I of
chapter 73 of title 10" for "chapter 73 of title 10".
1971 - Pub. L. 92-198 designated existing provisions as subsec.
(a) and added subsecs. (b) and (c).
1970 - Par. (4). Pub. L. 91-588, Sec. 7(1), inserted reference to
servicemen's group life insurance.
Pars. (14) to (17). Pub. L. 91-588, Sec. 7(3), added pars. (14)
to (17).
1967 - Par. (7). Pub. L. 90-77, Sec. 103(a), provided for
exclusion of amounts paid by a wife of a veteran for the expenses
of his past illness.
Par. (9). Pub. L. 90-77, Sec. 103(b), designated existing
provisions as subpar. (A) and added subpar. (B).
1964 - Par. (6). Pub. L. 88-664, Sec. 1(a), inserted "10 per
centum of the amount of" before "payments" and struck out "equal to
his contributions thereto" after "programs".
Pars. (9) to (13). Pub. L. 88-664, Sec. 1(b), added pars. (9) to
(13).
1961 - Pub. L. 87-268 substituted "section 412(a)" for "section
412".
1959 - Pub. L. 86-211 among other changes, required the inclusion
of all payments of any kind or from any source (including salary,
retirement or annuity payments, or similar income, which has been
waived), and permitted the exclusion of donations from public or
private relief or welfare organizations, payments under policies of
United States Government life insurance or National Service Life
Insurance, and payments of servicemen's indemnity, lump sum death
payments, payments to an individual under public or private
retirement, annuity, endowment, or similar plans or programs equal
to his contributions thereto, amounts equal to amounts paid by a
widow or child for the veteran's just debts, expenses of his last
illness, and expenses of his burial to the extent such expenses are
not reimbursed under chapter 23 of this title, and proceeds of life
insurance policies.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section
401 of Pub. L. 95-588, set out as a note under section 101 of this
title.
EFFECTIVE DATE OF 1975 AMENDMENT
Sections 101 and 106 of Pub. L. 94-169 provided that the
amendments made by those sections are effective Jan. 1, 1976.
EFFECTIVE DATE OF 1971 AMENDMENT
Amendment by Pub. L. 92-198 effective Jan. 1, 1972, see section 6
of Pub. L. 92-198, set out as a note under section 1521 of this
title.
EFFECTIVE DATE OF 1970 AMENDMENT
Amendment by Pub. L. 91-588 effective Jan. 1, 1971, see section
10(a) of Pub. L. 91-588, set out as a note under section 1521 of
this title.
EFFECTIVE DATE OF 1967 AMENDMENT
Amendment by Pub. L. 90-77 effective first day of first calendar
month which begins more than ten days after Aug. 31, 1967, see
section 405 of Pub. L. 90-77, set out as a note under section 101
of this title.
EFFECTIVE DATE OF 1964 AMENDMENT
Section 11 of Pub. L. 88-664 provided that:
"(a) Except as otherwise provided herein, this Act [amending this
section and sections 502, 506, 521, 541, 542, 612, and 3104 [now
1502, 1506, 1521, 1541, 1542, 1712, and 5304] of this title and
enacting provisions set out as a note under section 1521 of this
title] shall take effect on January 1, 1965.
"(b) The amendment to paragraph (6) of section 503 [now 1503],
title 38, United States Code, shall not apply to any individual
receiving pension on December 31, 1964, under chapter 15 of said
title, or subsequently determined entitled to such pension for said
day, until his contributions have been recouped under the provision
of that paragraph in effect on December 31, 1964."
EFFECTIVE DATE OF 1961 AMENDMENT
Amendment by Pub. L. 87-268 effective Oct. 1, 1961, see section 3
of Pub. L. 87-268, set out as a note under section 1312 of this
title.
EFFECTIVE DATE OF 1959 AMENDMENT
Amendment by Pub. L. 86-211 effective July 1, 1960, see section
10 of Pub. L. 86-211, set out as an Effective Date note under
section 1506 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 111, 1710, 1710B, 1722A
of this title.
-End-
-CITE-
38 USC Sec. 1504 01/06/03
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER I - GENERAL
-HEAD-
Sec. 1504. Persons heretofore having a pensionable status
-STATUTE-
The pension benefits of subchapters II and III of this chapter
shall, notwithstanding the service requirements of such
subchapters, be granted to persons heretofore recognized by law as
having a pensionable status.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1134, Sec. 504; renumbered
Sec. 1504, Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.)
-MISC1-
PRIOR PROVISIONS
Prior section 1504 was renumbered section 3104 of this title.
Another prior section 1504, Pub. L. 85-857, Sept. 2, 1958, 72
Stat. 1172; Pub. L. 89-137, Sec. 1(a), Aug. 26, 1965, 79 Stat. 576;
Pub. L. 90-431, July 26, 1968, 82 Stat. 447; Pub. L. 91-219, title
I, Sec. 101, Mar. 26, 1970, 84 Stat. 76; Pub. L. 92-540, title I,
Sec. 101(2), Oct. 24, 1972, 86 Stat. 1074; Pub. L. 93-508, title I,
Sec. 101(3), Dec. 3, 1974, 88 Stat. 1579; Pub. L. 93-602, title II,
Sec. 202, Jan. 2, 1975, 88 Stat. 1958; Pub. L. 94-502, title I,
Secs. 101, 104(4), Oct. 15, 1976, 90 Stat. 2383, 2384; Pub. L.
95-202, title I, Sec. 101, Nov. 23, 1977, 91 Stat. 1433, related to
subsistence allowances to be paid veterans while pursuing a course
of vocational rehabilitation training under chapter 31 of this
title, prior to repeal, effective Oct. 1, 1980, by Pub. L. 96-466,
title VIII, Sec. 802(a)(4), Oct. 17, 1980, 94 Stat. 2218. See
section 3108 of this title.
AMENDMENTS
1991 - Pub. L. 102-83 renumbered section 504 of this title as
this section.
-End-
-CITE-
38 USC Sec. 1505 01/06/03
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER I - GENERAL
-HEAD-
Sec. 1505. Payment of pension during confinement in penal
institutions
-STATUTE-
(a) No pension under public or private laws administered by the
Secretary shall be paid to or for an individual who has been
imprisoned in a Federal, State, or local penal institution as a
result of conviction of a felony or misdemeanor for any part of the
period beginning sixty-one days after such individual's
imprisonment begins and ending when such individual's imprisonment
ends.
(b) Where any veteran is disqualified for pension for any period
solely by reason of subsection (a) of this section, the Secretary
may apportion and pay to such veteran's spouse or children the
pension which such veteran would receive for that period but for
this section.
(c) Where any surviving spouse or child of a veteran is
disqualified for pension for any period solely by reason of
subsection (a) of this section, the Secretary may (1) if the
surviving spouse is so disqualified, pay to the child, or children,
the pension which would be payable if there were no such surviving
spouse or (2) if a child is so disqualified, pay to the surviving
spouse or other children, as applicable, the pension which would be
payable if there were no such child.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1134, Sec. 505; Pub. L.
94-169, title I, Sec. 106(9)-(11), Dec. 23, 1975, 89 Stat. 1017;
renumbered Sec. 1505 and amended Pub. L. 102-83, Secs. 4(a)(1),
(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 403-406.)
-MISC1-
PRIOR PROVISIONS
Prior section 1505 was renumbered section 3105 of this title.
Another prior section 1505, Pub. L. 85-857, Sept. 2, 1958, 72
Stat. 1172; Pub. L. 94-502, title I, Sec. 104(5), Oct. 15, 1976, 90
Stat. 2384, related to leaves of absence to veterans pursuing a
course of vocational rehabilitation training under chapter 31 of
this title, prior to the general revision of chapter 31 of this
title by Pub. L. 96-466. Section 802(a)(3) of Pub. L. 96-466, set
out as an Effective Date note under section 3100 of this title,
provided that this prior section 1505 continue in effect until Mar.
31, 1981. See section 3110 of this title.
AMENDMENTS
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 505 of this
title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 4(a)(1), substituted
"administered by the Secretary" for "administered by the Veterans'
Administration".
Subsecs. (b), (c). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),
substituted "Secretary" for "Administrator".
1975 - Subsec. (a). Pub. L. 94-169, Sec. 106(9), substituted
"such individual's" for "his" wherever appearing.
Subsec. (b). Pub. L. 94-169, Sec. 106(10), substituted "such
veteran's spouse" for "his wife".
Subsec. (c). Pub. L. 94-169, Sec. 106(11), substituted "surviving
spouse" for "widow" wherever appearing.
EFFECTIVE DATE OF 1975 AMENDMENT
Section 106 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
-End-
-CITE-
38 USC Sec. 1506 01/06/03
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER I - GENERAL
-HEAD-
Sec. 1506. Resource reports and overpayment adjustments
-STATUTE-
As a condition of granting or continuing pension under section
1521, 1541, or 1542 of this title, the Secretary -
(1) may require from any person who is an applicant for or a
recipient of pension such information, proofs, and evidence as
the Secretary determines to be necessary in order to determine
the annual income and the value of the corpus of the estate of
such person, and of any spouse or child for whom the person is
receiving or is to receive increased pension (such a child is
hereinafter in this subsection referred to as a "dependent
child"), and, in the case of a child applying for or in receipt
of pension under section 1542 of this title (hereinafter in this
subsection referred to as a "surviving child"), of any person
with whom such child is residing who is legally responsible for
such child's support;
(2) may require that any such applicant or recipient file for a
calendar year with the Department (on such form as may be
prescribed for such purpose by the Secretary) a report showing -
(A) the annual income which such applicant or recipient (and
any such spouse or dependent child) received during the
preceding year, the corpus of the estate of such applicant or
recipient (and of any such spouse or dependent child) at the
end of such year, and in the case of a surviving child, the
income and corpus of the estate of any person with whom such
child is residing who is legally responsible for such child's
support;
(B) such applicant's or recipient's estimate for the then
current year of the annual income such applicant or recipient
(and any such spouse or dependent child) expects to receive and
of any expected increase in the value of the corpus of the
estate of such applicant or recipient (and for any such spouse
or dependent child); and
(C) in the case of a surviving child, an estimate for the
then current year of the annual income of any person with whom
such child is residing who is legally responsible for such
child's support and of any expected increase in the value of
the corpus of the estate of such person;
(3) shall require that any such applicant or recipient promptly
notify the Secretary whenever there is a material change in the
annual income of such applicant or recipient (or of any such
spouse or dependent child) or a material change in the value of
the corpus of the estate of such applicant or recipient (or of
any such spouse or dependent child), and in the case of a
surviving child, a material change in the annual income or value
of the corpus of the estate of any person with whom such child is
residing who is legally responsible for such child's support; and
(4) shall require that any such applicant or recipient applying
for or in receipt of increased pension on account of a person who
is a spouse or child of such applicant or recipient promptly
notify the Secretary if such person ceases to meet the applicable
definition of spouse or child.
-SOURCE-
(Added Pub. L. 86-211, Sec. 2(b), Aug. 29, 1959, 73 Stat. 432, Sec.
506; amended Pub. L. 88-664, Sec. 2, Oct. 13, 1964, 78 Stat. 1094;
Pub. L. 91-588, Sec. 6, Dec. 24, 1970, 84 Stat. 1584; Pub. L.
94-169, title I, Sec. 106(12)-(14), Dec. 23, 1975, 89 Stat. 1017;
Pub. L. 95-588, title I, Sec. 103, Nov. 4, 1978, 92 Stat. 2498;
Pub. L. 96-466, title VI, Sec. 605(c)(2), Oct. 17, 1980, 94 Stat.
2211; renumbered Sec. 1506 and amended Pub. L. 102-83, Secs.
4(a)(3), (4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat.
404-406; Pub. L. 103-271, Sec. 9(b), July 1, 1994, 108 Stat. 743.)
-MISC1-
PRIOR PROVISIONS
Prior section 1506 was renumbered section 3106 of this title.
Another prior section 1506, Pub. L. 85-857, Sept. 2, 1958, 72
Stat. 1173, authorized Administrator to furnish veterans receiving
vocational rehabilitation such medical care, treatment,
hospitalization, and prosthesis as were necessary to accomplish the
purposes of chapter 31 of this title, prior to the general revision
of chapter 31 of this title by Pub. L. 96-466. Section 802(a)(3) of
Pub. L. 96-466, set out as an Effective Date note under section
3100 of this title, provided that this prior section 1506 continue
in effect until Mar. 31, 1981. See section 3104 of this title.
AMENDMENTS
1994 - Par. (2). Pub. L. 103-271, Sec. 9(b)(1), substituted "may
require" for "shall require" and "file for a calendar year" for
"file each year" in introductory provisions.
Par. (3). Pub. L. 103-271, Sec. 9(b)(2), substituted "notify the
Secretary" for "file a revised report", struck out "estimated"
before "annual income" in two places, and struck out "such
applicant's or recipient's estimate of" before "the value of the
corpus of the estate of such applicant".
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 506 of this
title as this section.
Pub. L. 102-83, Sec. 5(c)(1), substituted "1521, 1541, or 1542"
for "521, 541, or 542" in introductory provisions and "1542" for
"542" in par. (1).
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator" in introductory provisions and pars. (1), (2), and
(4).
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for
"Veterans' Administration" in par. (2) introductory provisions.
1980 - Pub. L. 96-466 struck out "(a)" before "As a condition"
and struck out subsec. (b) which provided that in the event of an
overpayment of pension under section 521, 541, or 542 of this
title, the amount thereof be deducted (unless waived) from any
future payments made thereunder to the person concerned.
1978 - Subsec. (a). Pub. L. 95-588 inserted provision authorizing
the Administrator to consider the income of a spouse or child prior
to granting a pension in par. (1), struck out exclusion from filing
report for a child or person of 72 years of age or more who has
been paid a pension for two consecutive years in par. (2), required
changes in income of spouse or dependent child be included in the
necessary revised income report in par. (3), and added par. (4).
1975 - Subsec. (a). Pub. L. 94-169 substituted "the
Administrator" for "he" in par. (1), "the Administrator" for "him",
"such person" for "he" and "such person's" for "his" wherever
appearing, in par. (2), and "such person's" for "his" wherever
appearing, in par. (3).
1970 - Subsec. (a)(2). Pub. L. 91-588 exempted from filing
requirements of this section any person who has attained 72 years
of age and has been paid a pension under sections 521, 541, or 542
of this title during two consecutive calendar years.
1964 - Subsec. (a)(2). Pub. L. 88-664 inserted ", other than a
child," after "person".
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96-466 effective Oct. 1, 1980, except as
otherwise specifically provided, see section 802(f) of Pub. L.
96-466, set out as a note under section 5314 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section
401 of Pub. L. 95-588, set out as a note under section 101 of this
title.
EFFECTIVE DATE OF 1975 AMENDMENT
Section 106 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
EFFECTIVE DATE OF 1970 AMENDMENT
Amendment by Pub. L. 91-588 effective Jan. 1, 1972, see section
10(b) of Pub. L. 91-588, set out as a note under section 1521 of
this title.
EFFECTIVE DATE OF 1964 AMENDMENT
Amendment by Pub. L. 88-664 effective Jan. 1, 1965, see section
11 of Pub. L. 88-664, set out as a note under section 1503 of this
title.
EFFECTIVE DATE
Section 10 of Pub. L. 86-211 provided that: "This Act [see Tables
for classification] shall take effect on July 1, 1960."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1507 of this title.
-End-
-CITE-
38 USC Sec. 1507 01/06/03
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER I - GENERAL
-HEAD-
Sec. 1507. Disappearance
-STATUTE-
Where a veteran receiving pension under subchapter II of this
chapter disappears, the Secretary may pay the pension otherwise
payable to such veteran's spouse and children. In applying the
provisions of this section, the Secretary may presume, without
reports pursuant to section 1506(a) of this title, that the status
of the veteran at the time of disappearance, with respect to
permanent and total disability, income, and net worth, continues
unchanged. Payments made to a spouse or child under this section
shall not exceed the amount to which each would be entitled if the
veteran died of a non-service-connected disability.
-SOURCE-
(Added Pub. L. 89-467, Sec. 1(a), June 22, 1966, 80 Stat. 218, Sec.
507; amended Pub. L. 94-169, title I, Sec. 106(15), Dec. 23, 1975,
89 Stat. 1017; renumbered Sec. 1507 and amended Pub. L. 102-83,
Secs. 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat.
404-406.)
-MISC1-
PRIOR PROVISIONS
Prior section 1507 was renumbered section 3107 of this title.
Another prior section 1507, Pub. L. 85-857, Sept. 2, 1958, 72
Stat. 1173; Pub. L. 92-540, title I, Sec. 101(3), Oct. 24, 1972, 86
Stat. 1074; Pub. L. 94-502, title I, Sec. 104(6), Oct. 15, 1976, 90
Stat. 2384, related to loans to trainees commencing or undertaking
courses of vocational rehabilitation under chapter 31 of this
title, prior to repeal, effective Oct. 1, 1980, by Pub. L. 96-466,
title VIII, Sec. 802(a)(4), Oct. 17, 1980, 94 Stat. 2218. See
section 3112 of this title.
AMENDMENTS
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 507 of this
title as this section.
Pub. L. 102-83, Sec. 5(c)(1), substituted "1506(a)" for "506(a)".
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator" in two places.
1975 - Pub. L. 94-169 struck out "in his discretion" after
"Administrator" and substituted "payable to such veteran's spouse"
for "payable to his wife," and "made to a spouse" for "made to a
wife".
EFFECTIVE DATE OF 1975 AMENDMENT
Section 106 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
-End-
-CITE-
38 USC Sec. 1508 01/06/03
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER I - GENERAL
-HEAD-
Sec. 1508. Frequency of payment of pension benefits
-STATUTE-
(a) Except as provided under subsection (b) of this section,
benefits under sections 1521, 1541, and 1542 of this title shall be
paid monthly.
(b) Under regulations which the Secretary shall prescribe,
benefits under sections 1521, 1541, and 1542 of this title may be
paid less frequently than monthly if the amount of the annual
benefit is less than 4 percent of the maximum annual rate payable
to a veteran under section 1521(b) of this title.
-SOURCE-
(Added Pub. L. 95-588, title I, Sec. 104(a), Nov. 4, 1978, 92 Stat.
2499, Sec. 508; amended Pub. L. 102-54, Sec. 14(b)(6), June 13,
1991, 105 Stat. 283; renumbered Sec. 1508 and amended Pub. L.
102-83, Secs. 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105
Stat. 404-406.)
-MISC1-
PRIOR PROVISIONS
Prior section 1508 was renumbered section 3108 of this title.
Another prior section 1508, Pub. L. 85-857, Sept. 2, 1958, 72
Stat. 1173; Pub. L. 94-502, title I, Sec. 104(7), Oct. 15, 1976, 90
Stat. 2384, authorized Administrator to prescribe rules and
regulations to promote good conduct and cooperation on the part of
veterans receiving vocational rehabilitation under chapter 31 of
this title, prior to the general revision of chapter 31 of this
title by Pub. L. 96-466. Section 802(a)(3) of Pub. L. 96-466, set
out as an Effective Date note under section 3100 of this title,
provided that this prior section 1508 continue in effect until Mar.
31, 1981. See section 3111 of this title.
Prior section 1509 was renumbered section 3109 of this title.
Another prior section 1509, Pub. L. 85-857, Sept. 2, 1958, 72
Stat. 1173; Pub. L. 94-502, title I, Sec. 104(8), (9), Oct. 15,
1976, 90 Stat. 2384, related to books, supplies, and equipment
furnished a veteran under chapter 31 of this title, prior to the
general revision of chapter 31 of this title by Pub. L. 96-466.
Section 802(a)(3) of Pub. L. 96-466, set out as an Effective Date
note under section 3100 of this title, provided that this prior
section 1509 continue in effect until Mar. 31, 1981.
Prior section 1510 was renumbered section 3110 of this title.
Another prior section 1510, Pub. L. 85-857, Sept. 2, 1958, 72
Stat. 1173; Pub. L. 94-502, title I, Sec. 104(10), Oct. 15, 1976,
90 Stat. 2384, related to vocational rehabilitation of persons
hospitalized pending final discharge from the active military,
naval, or air service, prior to the general revision of chapter 31
of this title by Pub. L. 96-466. Section 802(a)(3) of Pub. L.
96-466, set out as an Effective Date note under section 3100 of
chapter 31 of this title, provided that this prior section 1510
continue in effect until Mar. 31, 1981. See section 3113 of this
title.
AMENDMENTS
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 508 of this
title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "1521,
1541, and 1542" for "521, 541, and 542".
Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted "1521,
1541, and 1542" for "521, 541, and 542" and "1521(b)" for "521(b)".
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator".
Pub. L. 102-54 substituted "percent" for "per centum".
EFFECTIVE DATE
Section effective Jan. 1, 1979, see section 401 of Pub. L.
95-588, set out as an Effective Date of 1978 Amendment note under
section 101 of this title.
-End-
-CITE-
38 USC SUBCHAPTER II - VETERANS' PENSIONS 01/06/03
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER II - VETERANS' PENSIONS
-HEAD-
SUBCHAPTER II - VETERANS' PENSIONS
-SECREF-
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in sections 1504, 1507 of this
title.
-End-
-CITE-
38 USC Service Pension 01/06/03
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER II - VETERANS' PENSIONS
Service Pension
-HEAD-
SERVICE PENSION
-End-
-CITE-
38 USC Sec. 1510 01/06/03
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER II - VETERANS' PENSIONS
Service Pension
-HEAD-
[Sec. 1510. Vacant]
-COD-
CODIFICATION
Prior to renumbering of sections 501 to 543 of this chapter as
sections 1501 to 1543 by Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991,
105 Stat. 406, section 510 of this chapter, Pub. L. 85-857, Sept.
2, 1958, 72 Stat. 1135, which provided monthly pension for persons
who served in military or naval forces of Confederate States of
America, was repealed by Pub. L. 94-169, title I, Sec. 101(2)(F),
Dec. 23, 1975, 89 Stat. 1014, effective Jan. 1, 1976.
-End-
-CITE-
38 USC Sec. 1511 01/06/03
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER II - VETERANS' PENSIONS
Service Pension
-HEAD-
Sec. 1511. Indian War veterans
-STATUTE-
(a) The Secretary shall pay to each veteran of the Indian Wars
who meets the service requirements of this section a pension at the
following monthly rate:
(1) $101.59; or
(2) $135.45 if the veteran is in need of regular aid and
attendance.
(b) A veteran meets the service requirements of this section if
such veteran served in one of the Indian Wars -
(1) for thirty days or more; or
(2) for the duration of such Indian War;
in any military organization, whether or not such service was the
result of regular muster into the service of the United States, if
such service was under the authority or by the approval of the
United States or any State.
(c)(1) Any veteran eligible for pension under this section shall,
if such veteran so elects, be paid pension at the rates prescribed
by section 1521 of this title, and under the conditions (other than
the service requirements) applicable to pension paid under that
section to veterans of World War I. If pension is paid pursuant to
such an election, the election shall be irrevocable, except as
provided in paragraph (2).
(2) The Secretary shall pay each month to each veteran of the
Indian Wars who is receiving, or entitled to receive, pension based
on a need of regular aid and attendance, whichever amount is
greater (A) that provided by paragraph (2) of subsection (a) of
this section, or (B) that which is payable to the veteran under
section 1521 of this title if such veteran has elected, or would be
payable if such veteran were to elect, to receive pension under
such section pursuant to paragraph (1) of this subsection. Each
change in the amount of pension payment required by this paragraph
shall be effective as of the first day of the month during which
the facts of the particular case warrant such change, and shall be
made without specific application therefor.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1135, Sec. 511; Pub. L.
86-670, Sec. 1, July 14, 1960, 74 Stat. 545; Pub. L. 90-77, title
I, Sec. 111(a), Aug. 31, 1967, 81 Stat. 181; Pub. L. 94-169, title
I, Sec. 106(16), Dec. 23, 1975, 89 Stat. 1017; renumbered Sec. 1511
and amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a), (c)(1),
Aug. 6, 1991, 105 Stat. 404-406.)
-MISC1-
PRIOR PROVISIONS
Prior section 1511 was renumbered section 3111 of this title.
Another prior section 1511, Pub. L. 85-857, Sept. 2,1958, 72
Stat. 1171, Sec. 1503, renumbered Pub. L. 89-138, Sec. 2(4), Aug.
26, 1965, 79 Stat. 578, and amended Pub. L. 94-502, title , Secs.
103, 104(11), Oct. 15, 1976, 90 Stat. 2384, related to training and
training facilities under chapter 31 of this title, prior to the
general revision of chapter 31 of this title by Pub. L. 96-466.
Section 802(a)(3) of Pub. L. 96-466, set out as an Effective Date
note under section 3100 of this title, provided that this prior
section 1511 continue in effect until Mar. 31, 1981. See section
3115 of this title.
AMENDMENTS
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 511 of this
title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator" in introductory provisions.
Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted "1521" for
"521" in pars. (1) and (2).
Subsec. (c)(2). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator".
1975 - Subsecs. (b), (c). Pub. L. 94-169 substituted "such
veteran" for "he" wherever appearing.
1967 - Subsec. (c). Pub. L. 90-77 designated existing provisions
as par. (1), inserted "except as provided in paragraph (2)", and
added par. (2).
1960 - Subsec. (c). Pub. L. 86-670 added subsec. (c).
EFFECTIVE DATE OF 1975 AMENDMENT
Section 106 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
EFFECTIVE DATE OF 1967 AMENDMENT
Amendment by Pub. L. 90-77 effective first day of first calendar
month which begins more than ten days after Aug. 31, 1967, see
section 405 of Pub. L. 90-77, set out as a note under section 101
of this title.
EFFECTIVE DATE OF 1960 AMENDMENT
Section 3 of Pub. L. 86-670 provided that: "This Act [amending
this section and section 512 [now 1512] of this title] shall take
effect on the first day of the second calendar month which begins
after the date of enactment of this Act [July 14, 1960]."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1534, 1535 of this title.
-End-
-CITE-
38 USC Sec. 1512 01/06/03
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER II - VETERANS' PENSIONS
Service Pension
-HEAD-
Sec. 1512. Spanish-American War veterans
-STATUTE-
(a)(1) The Secretary shall pay to each veteran of the
Spanish-American War who meets the service requirements of this
subsection a pension at the following monthly rate:
(A) $101.59; or
(B) $135.45 if the veteran is in need of regular aid and
attendance.
(2) A veteran meets the service requirements of this subsection
if such veteran served in the active military or naval service -
(A) for ninety days or more during the Spanish-American War;
(B) during the Spanish-American War and was discharged or
released from such service for a service-connected disability; or
(C) for a period of ninety consecutive days or more and such
period began or ended during the Spanish-American War.
(3)(A) Any veteran eligible for pension under this subsection
shall, if such veteran so elects, be paid pension at the rates
prescribed by section 1521 of this title (except the rate provided
under subsection (g) of such section), and under the conditions
(other than the service requirements) applicable to pension paid
under that section to veterans of a period of war. If pension is
paid pursuant to such an election, the election shall be
irrevocable.
(B) The Secretary shall pay each month to each Spanish-American
War veteran who is receiving, or entitled to receive, pension based
on a need of regular aid and attendance, whichever amount is
greater (i) that provided by subparagraph (B) of subsection (a)(1)
of this section, or (ii) that which is payable to the veteran under
section 1521 of this title as in effect on December 31, 1978, under
regulations which the Secretary shall prescribe. Each change in the
amount of pension payment required by this subparagraph shall be
effective as of the first day of the month during which the facts
of the particular case warrant such change, and shall be made
without specific application therefor.
(b)(1) The Secretary shall pay to each veteran of the
Spanish-American War who does not meet the service requirements of
subsection (a), but who meets the service requirements of this
subsection, a pension at the following monthly rate:
(A) $67.73; or
(B) $88.04 if the veteran is in need of regular aid and
attendance.
(2) A veteran meets the service requirements of this subsection
if such veteran served in the active military or naval service -
(A) for seventy days or more during the Spanish-American War;
or
(B) for a period of seventy consecutive days or more and such
period began or ended during the Spanish-American War.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1135, Sec. 512; Pub. L.
86-670, Sec. 2, July 14, 1960, 74 Stat. 545; Pub. L. 90-77, title
I, Sec. 111(b), Aug. 31, 1967, 81 Stat. 181; Pub. L. 94-169, title
I, Sec. 106(17), Dec. 23, 1975, 89 Stat. 1017; Pub. L. 95-588,
title I, Sec. 105, Nov. 4, 1978, 92 Stat. 2500; renumbered Sec.
1512 and amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a),
(c)(1), Aug. 6, 1991, 105 Stat. 404-406.)
-MISC1-
PRIOR PROVISIONS
A prior section 1512 was renumbered section 3112 of this title.
AMENDMENTS
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 512 of this
title as this section.
Subsec. (a)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator" in introductory provisions.
Subsec. (a)(3)(A). Pub. L. 102-83, Sec. 5(c)(1), substituted
"1521" for "521".
Subsec. (a)(3)(B). Pub. L. 102-83, Sec. 5(c)(1), substituted
"1521" for "521".
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator" in two places.
Subsec. (b)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator" in introductory provisions.
1978 - Subsec. (a)(3)(A). Pub. L. 95-588, Sec. 105(1), inserted
"(except the rate provided under subsection (g) of such section)"
after "of this title", substituted "a period of war" for "World War
I", and struck out exception to pension elections formerly provided
pursuant to subpar. (B).
Subsec. (a)(3)(B). Pub. L. 95-588, Sec. 105(2), substituted "as
in effect on December 31, 1978, under regulations which the
Administrator shall prescribe" for "if such veteran has elected, or
would be payable if such veteran were to elect, to receive pension
under such section pursuant to subparagraph (A) of this paragraph".
1975 - Subsec. (a). Pub. L. 94-169 substituted "such veteran" for
"he" wherever appearing.
Subsec. (b). Pub. L. 94-169 substituted "such veteran" for "he".
1967 - Subsec. (a)(3). Pub. L. 90-77 designated existing
provisions as subpar. (A), inserted "except as provided in
subparagraph (B)", and added subpar. (B).
1960 - Subsec. (a)(3). Pub. L. 86-670 added cl. (3).
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section
401 of Pub. L. 95-588, set out as a note under section 101 of this
title.
EFFECTIVE DATE OF 1975 AMENDMENT
Section 106 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
EFFECTIVE DATE OF 1967 AMENDMENT
Amendment by Pub. L. 90-77 effective first day of first calendar
month which begins more than ten days after Aug. 31, 1967, see
section 405 of Pub. L. 90-77, set out as a note under section 101
of this title.
EFFECTIVE DATE OF 1960 AMENDMENT
Amendment by Pub. L. 86-670 effective first day of second
calendar month which begins after July 14, 1960, see section 3 of
Pub. L. 86-670, set out as a note under section 1511 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1536, 1537 of this title.
-End-
-CITE-
38 USC Sec. 1513 01/06/03
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER II - VETERANS' PENSIONS
Service Pension
-HEAD-
Sec. 1513. Veterans 65 years of age and older
-STATUTE-
(a) The Secretary shall pay to each veteran of a period of war
who is 65 years of age or older and who meets the service
requirements of section 1521 of this title (as prescribed in
subsection (j) of that section) pension at the rates prescribed by
1521 (!1) of this title and under the conditions (other than the
permanent and total disability requirement) applicable to pension
paid under that section.
(b) If a veteran is eligible for pension under both this section
and section 1521 of this title, pension shall be paid to the
veteran only under section 1521 of this title.
-SOURCE-
(Added Pub. L. 107-103, title II, Sec. 207(a)(1), Dec. 27, 2001,
115 Stat. 991.)
-MISC1-
PRIOR PROVISIONS
Prior sections 1513 to 1520 were renumbered sections 3113 to 3120
of this title, respectively.
EFFECTIVE DATE
Pub. L. 107-103, title II, Sec. 207(c), Dec. 27, 2001, 115 Stat.
991, provided that: "The amendments made by this section [enacting
this section and amending sections 1521 and 1522 of this title]
shall take effect as of September 17, 2001."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1521, 1522 of this title.
-FOOTNOTE-
(!1) So in original. Probably should be preceded by "section".
-End-
-CITE-
38 USC Non-Service-Connected Disability Pension 01/06/03
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER II - VETERANS' PENSIONS
Non-Service-Connected Disability Pension
-HEAD-
NON-SERVICE-CONNECTED DISABILITY PENSION
-End-
-CITE-
38 USC Sec. 1521 01/06/03
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER II - VETERANS' PENSIONS
Non-Service-Connected Disability Pension
-HEAD-
Sec. 1521. Veterans of a period of war
-STATUTE-
(a) The Secretary shall pay to each veteran of a period of war
who meets the service requirements of this section (as prescribed
in subsection (j) of this section) and who is permanently and
totally disabled from non-service-connected disability not the
result of the veteran's willful misconduct, pension at the rate
prescribed by this section, as increased from time to time under
section 5312 of this title.
(b) If the veteran is unmarried (or married but not living with
or reasonably contributing to the support of such veteran's spouse)
and there is no child of the veteran in the custody of the veteran
or to whose support the veteran is reasonably contributing, and
unless the veteran is entitled to pension at the rate provided by
subsection (d)(1) or (e) of this section, pension shall be paid to
the veteran at the annual rate of $3,550, reduced by the amount of
the veteran's annual income.
(c) If the veteran is married and living with or reasonably
contributing to the support of such veteran's spouse, or if there
is a child of the veteran in the custody of the veteran or to whose
support the veteran is reasonably contributing, pension shall be
paid to the veteran at the annual rate of $4,651, unless the
veteran is entitled to pension at the rate provided by subsection
(d)(2), (e), or (f) of this section. If the veteran has two or more
such family members, such annual rate shall be increased by $600
for each such family member in excess of one. The rate payable
shall be reduced by the amount of the veteran's annual income and,
subject to subsection (h)(1) of this section, the amount of annual
income of such family members.
(d)(1) If the veteran is in need of regular aid and attendance,
the annual rate of pension payable to the veteran under subsection
(b) of this section shall be $5,680, reduced by the amount of the
veteran's annual income.
(2) If the veteran is in need of regular aid and attendance, the
annual rate of pension payable to the veteran under subsection (c)
of this section shall be $6,781. If such veteran has two or more
family members, as described in subsection (c) of this section, the
annual rate of pension shall be increased by $600 for each such
family member in excess of one. The rate payable shall be reduced
by the amount of the veteran's annual income and, subject to
subsection (h)(1) of this section, the amount of annual income of
such family members.
(e) If the veteran has a disability rated as permanent and total
and (1) has additional disability or disabilities independently
ratable at 60 per centum or more, or (2) by reason of a disability
or disabilities, is permanently housebound but does not qualify for
pension at the aid and attendance rate provided by subsection (d)
of this section, the annual rate of pension payable to the veteran
under subsection (b) of this section shall be $4,340 and the annual
rate of pension payable to the veteran under subsection (c) of this
section shall be $5,441. If such veteran has two or more family
members, as described in subsection (c) of this section, the annual
rate of pension shall be increased by $600 for each such family
member in excess of one. The rate payable shall be reduced by the
amount of the veteran's annual income and, subject to subsection
(h)(1) of this section, the annual income of such family members.
(f)(1) If two veterans are married to one another and each meets
the disability and service requirements prescribed in subsections
(a) and (j), respectively, of this section, or the age and service
requirements prescribed in section 1513 of this title, the annual
rate of pension payable to such veterans shall be a combined annual
rate of $4,651.
(2) If either such veteran is in need of regular aid and
attendance, the annual rate provided by paragraph (1) of this
subsection shall be $6,781. If both such veterans are in need of
regular aid and attendance, such rate shall be $8,911.
(3) If either such veteran would be entitled (if not married to a
veteran) to pension at the rate provided by subsection (e) of this
section, the annual rate provided by paragraph (1) of this
subsection shall be $5,441. If both such veterans would be entitled
(if not married to one another) to such rate, such rate shall be
$6,231.
(4) If one such veteran is in need of regular aid and attendance
and the other would be entitled (if not married to a veteran) to
the rate provided for under subsection (e) of this section, the
annual rate provided by paragraph (1) of this subsection shall be
$7,571.
(5) The annual rate provided by paragraph (1), (2), (3), or (4)
of this subsection, as appropriate, shall (A) be increased by $600
for each child of such veterans (or of either such veteran) who is
in the custody of either or both such veterans or to whose support
either such veteran is, or both such veterans are, reasonably
contributing, and (B) be reduced by the amount of the annual income
of both such veterans and, subject to subsection (h)(1) of this
section, the annual income of each such child.
(g) The annual rate of pension payable under subsection (b), (c),
(d), (e), or (f) of this section to any veteran who is a veteran of
a period of war shall be increased by $800 if veterans of such
period of war were not provided educational benefits or home loan
benefits similar to those provided to veterans of later periods of
war under chapters 34 and 37, respectively, of this title or under
prior corresponding provisions of law.
(h) For the purposes of this section:
(1) In determining the annual income of a veteran, if there is
a child of the veteran who is in the custody of the veteran or to
whose support the veteran is reasonably contributing, that
portion of the annual income of the child that is reasonably
available to or for the veteran shall be considered to be income
of the veteran, unless in the judgment of the Secretary to do so
would work a hardship on the veteran.
(2) A veteran shall be considered as living with a spouse, even
though they reside apart, unless they are estranged.
(i) If the veteran is entitled under this section to pension on
the basis of such veteran's own service and is also entitled to
pension on the basis of any other person's service, the Secretary
shall pay such veteran only the greater benefit.
(j) A veteran meets the service requirements of this section if
such veteran served in the active military, naval, or air service -
(1) for ninety days or more during a period of war;
(2) during a period of war and was discharged or released from
such service for a service-connected disability;
(3) for a period of ninety consecutive days or more and such
period began or ended during a period of war; or
(4) for an aggregate of ninety days or more in two or more
separate periods of service during more than one period of war.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1136, Sec. 521; Pub. L.
86-211, Sec. 3(a), Aug. 29, 1959, 73 Stat. 433; Pub. L. 87-101,
Sec. 1, July 21, 1961, 75 Stat. 218; Pub. L. 88-664, Secs. 3(a),
(b), 5, 6(a), 7, Oct. 13, 1964, 78 Stat. 1094, 1095; Pub. L. 90-77,
title I, Sec. 104, title II, Sec. 202(a)-(c), Aug. 31, 1967, 81
Stat. 179, 182; Pub. L. 90-275, Sec. 1(a), (b), Mar. 28, 1968, 82
Stat. 64, 65; Pub. L. 91-588, Secs. 1(a), (b), 3(b), 9(c), Dec. 24,
1970, 84 Stat. 1580, 1583, 1584; Pub. L. 92-198, Secs. 1(a), (b),
5(b), Dec. 15, 1971, 85 Stat. 663, 664; Pub. L. 93-177, Sec. 1(a),
(b), Dec. 6, 1973, 87 Stat. 694; Pub. L. 93-527, Sec. 2, Dec. 21,
1974, 88 Stat. 1702; Pub. L. 94-169, title I, Secs. 102, 106(18),
Dec. 23, 1975, 89 Stat. 1014, 1018; Pub. L. 94-432, title II, Sec.
202, Sept. 30, 1976, 90 Stat. 1369; Pub. L. 95-204, title I, Sec.
101, Dec. 2, 1977, 91 Stat. 1455; Pub. L. 95-588, title I, Sec.
106(a), Nov. 4, 1978, 92 Stat. 2500; Pub. L. 102-40, title IV, Sec.
402(d)(1), May 7, 1991, 105 Stat. 239; renumbered Sec. 1521 and
amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a), Aug. 6, 1991,
105 Stat. 404-406; Pub. L. 107-103, title II, Sec. 207(b)(1), Dec.
27, 2001, 115 Stat. 991.)
-MISC1-
PRIOR PROVISIONS
Prior section 1521 was renumbered section 3121 of this title.
AMENDMENTS
2001 - Subsec. (f)(1). Pub. L. 107-103 inserted "or the age and
service requirements prescribed in section 1513 of this title,"
after "of this section,".
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 521 of this
title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator".
Pub. L. 102-40 substituted "5312" for "3112".
Subsecs. (h)(1), (i). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),
substituted "Secretary" for "Administrator".
1978 - Subsec. (a). Pub. L. 95-588 revised pension eligibility
requirements to speak in terms of a veteran of any period of war
rather than veterans of specifically named wars and inserted
reference to periodic pension increases pursuant to section 3112 of
this title.
Subsec. (b). Pub. L. 95-588 qualified parental requirement of
this subsection by inserting custody provision, substituted a fixed
pension amount of $3,550 for a formula for determining such annual
pension based upon the annual income of the veteran, and struck out
monthly minimum and maximum pension payments.
Subsec. (c). Pub. L. 95-588 qualified parental requirement of
this subsection by inserting custody provision, substituted a fixed
pension amount of $4,651 for a formula for determining such annual
pension based upon annual income of the veteran, and inserted
provision authorizing an annual pension rate increase of $600 for
each family member of the eligible veteran in excess of one.
Subsec. (d). Pub. L. 95-588 substituted $5,680 as annual rate of
pension payable to a veteran in need of regular aid and attendance
under subsec. (b) of this section and $6,781 as such rate payable
to such veteran under subsec. (c) of this section for provision
authorizing a rate increase of $165 over and above the rate of
pension payable under the applicable subsection in order to
determine the rate payable to eligible veterans under this section
and revised the method of reducing payments under this section by
use of the recipient's annual income.
Subsec. (e). Pub. L. 95-588 substituted $4,340 as annual rate of
pension payable under subsec. (b) of this section for veterans
eligible as recipients under this section and $5,441 as such annual
rate under subsec. (c) of this section for provision authorizing
rate increases of $61 per month for eligible veterans over and
above the appropriate rate of pension payment under the applicable
subsection, inserted provision authorizing increases of $600 per
year in pension rates for recipients with eligible family members
in excess of one, and provided for an annual income reduction in
the pension rate payable.
Subsec. (f). Pub. L. 95-588 substituted provisions relating to
pension payments to veterans married to each other for provisions
authorizing the inclusion of a spouse's annual income reasonably
available to an eligible veteran in the computation of the annual
income of an eligible veteran.
Subsec. (g). Pub. L. 95-588 substituted provisions authorizing
annual pension payment rate increases of $800 per year for eligible
veterans who served in periods of war which did not entitle them to
educational or home loan benefits similar to those paid veterans of
subsequent periods of war for provisions specifying the eligibility
service requirements of this section.
Subsec. (h). Pub. L. 95-588 substituted provisions authorizing
inclusion of income of a dependent child in custody of recipient
veteran in computing annual income of such veteran and authorizing
consideration of a veteran and his or her spouse as living
together, even though they actually live apart, for provisions
authorizing a twenty-five per cent rate increase in pension
payments to a veteran who has attained age seventy-eight.
Subsecs. (i), (j). Pub. L. 95-588 added subsecs. (i) and (j).
1977 - Subsec. (b)(1). Pub. L. 95-204, Sec. 101(1), increased
monthly rate of pension from $185 to $197, and substituted "1,100"
for "1,500" in two places, "1,700" for "1,800" in two places, and
"3,770" for "3,540".
Subsec. (b)(3). Pub. L. 95-204, Sec. 101(2), substituted "$3,770"
for "$3,540".
Subsec. (c)(1). Pub. L. 95-204, Sec. 101(3), increased monthly
rates of pension from $199 to $212, $204 to $217, and $209 to $222,
and substituted "1,000" for "1,100" in two places, "2,000" for
"2,400" in two places, "3,000" for "3,100" in two places, "3,200"
for "3,500" in two places, "3,600" for "3,700" in two places and
"5,070" for "4,760".
Subsec. (c)(3). Pub. L. 95-204, Sec. 101(4), substituted "$5,070"
for "$4,760".
Subsec. (d). Pub. L. 95-204, Sec. 101(5), substituted "$165" for
"$155" in pars. (1) and (2).
Subsec. (e). Pub. L. 95-204, Sec. 101(6), substituted "$61" for
"$57".
1976 - Subsec. (b)(1). Pub. L. 94-432, Sec. 202(1), increased
monthly rate of pension from $173 to $185 and substituted $700 to
$900 for $700 to $1,200, $900 to $1,500 for $1,200 to $1,700,
$1,500 to $1,800 for $1,700 to $2,000, and $1,800 to $3,540 for
$2,000 to $3,300.
Subsec. (b)(3). Pub. L. 94-432, Sec. 202(2), substituted "$3,540"
for "$3,300".
Subsec. (c)(1). Pub. L. 94-432, Sec. 202(3), increased monthly
rate of pension by $13 from $186 to $199, from $191 to $204, and
from $196 to $209, of a veteran with 1, 2, and 3 dependents,
substituting "he or she" for "such veteran" in three places,
substituted $700 to $1100 for $700 to $1,300, $1,100 to $2,400 for
$1,300 to $2,800, $2,400 to $3,100 for $2,800 to $3,200, $3,100 to
$3,500 for $3,200 to $3,800, and $3,700 to $4,760 for $3,800 to
$4,500, and inserted ".07" ranging from $3,500 to $3,700.
Subsec. (c)(3). Pub. L. 94-432, Sec. 202(4), substituted "$4,760"
for "$4,500".
Subsec. (d). Pub. L. 94-432, Sec. 202(5), designated existing
provisions as par. (1), substituted "$155" for "$133" and added
par. (2).
Subsec. (e). Pub. L. 94-432, Sec. 202(6), substituted "$57" for
"$53".
Subsec. (h). Pub. L. 94-432, Sec. 202(7), added subsec. (h).
1975 - Subsec. (b). Pub. L. 94-169, Sec. 102(1), increased,
effective for period beginning Jan. 1, 1976, and ending Sept. 30,
1976, monthly rate of pension from $160 to $173, substituted $500
to $700 for $500 to $900, $700 to $1200 for $900 to $1500, $1200 to
$1700 for $1500 to $1900, $1700 to $2000 for $1900 to $2300, $2000
to $3300 for $2300 to $3000 the minimum and maximum income ranges
for which the pension rate will be reduced by 4, 5, 6, 7 and 8
cents per dollar, respectively, and increased from $3000 to $3300
the maximum income in excess of which no pension shall be paid.
Subsec. (c). Pub. L. 94-169, Sec. 102(1), increased, effective
for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, from
$172 to $186, from $177 to $191 and from $182 to $196 the rate of
pension of a veteran with 1, 2 and 3 dependents, respectively,
substituted $700 to $1300 for $700 to $1800, $1300 to $2800 for
$1800 to $3000, $2800 to $3200 for $3000 to $3500, $3200 to $3800
for $3500 to $3800, and $3800 to $4500 for $4000 to $4200 the
minimum and maximum income ranges for which the pension rate will
be reduced by 3, 4, 5, 6 and 8 cents per dollar, respectively,
struck out the income range of $3800 to $4000 for which the
reduction rate is 7 cents per dollar, increased from $4200 to $4500
the income in excess of which no pension shall be paid, and
inserted provision that in no case may the amount of pension be
less than $5 monthly.
Subsec. (d). Pub. L. 94-169, Sec. 102(2), substituted, effective
for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, "such
veteran" for "him" and "$133" for "$123".
Subsec. (e). Pub. L. 94-169, Sec. 102(3), substituted, effective
for period beginning Jan. 1, 1976, and ending Sept. 30, 1976, "such
veteran's" for "his", "such veteran" for "him" and "$53" for "$49".
Subsec. (g). Pub. L. 94-169, Sec. 106(18), substituted "such
veteran" for "he".
1974 - Subsec. (b). Pub. L. 93-527, Sec. 2(1), substituted "$160"
for "$143", "$500" for "$800" wherever appearing, "$900" for
"$1300" wherever appearing, "$1500" for "$1600" wherever appearing,
"$1900" for "$2200" wherever appearing, "$2300" for "$2500"
wherever appearing, and "$3000" for "$2600" wherever appearing, and
inserted provision that in no event should monthly rate of pension
be less than $5.00.
Subsec. (c). Pub. L. 93-527, Sec. 2(2), substituted "$172" for
"$154", "$177" for "$159", "$182" for "$164", "$700" for "$800"
wherever appearing, "$1800" for "$2600" wherever appearing, "$3000"
for "$3200" wherever appearing, "$3500" for "$3700" wherever
appearing, and inserted provisions for the reduction by 7 cents for
each dollar of annual income in excess of $3800 up to and including
$4000, and reduction by 8 cents for each dollar of annual income in
excess of $4000 up to and including $4200, and raised maximum
income from $3800 to $4200.
Subsec. (d). Pub. L. 93-527, Sec. 2(3), substituted "$123" for
"$110".
Subsec. (e). Pub. L. 93-527, Sec. 2(4), substituted "$49" for
"$44".
1973 - Subsec. (b). Pub. L. 93-177, Sec. 1(a), substituted "$143"
for "$130", "$800" for "$1,000", "$1,300" for "$1,500", "$1,600"
for "$1,800", and "$2,500" for "$2,600" in existing provisions and
inserted provision for a reduction of 8 cents in monthly rate for
each $1 of annual income in excess of $2,500 up to and including
$2,600.
Subsec. (c). Pub. L. 93-177, Sec. 1(b), substituted "$154" for
"$140", "$159" for "$145", "$164" for "$150", "$800" for "$900",
"$2,600" for "$3,200", and "$3,700" for "$3,800" in existing
provisions and inserted provisions for a reduction of 4 cents in
monthly rate for each $1 of annual income in excess of $2,600 up to
and including $3,200 and for a reduction of 6 cents in monthly rate
for each $1 of annual income in excess of $3,700 up to and
including $3,800.
1971 - Subsec. (b). Pub. L. 92-198, Sec. 1(a), substituted
formula for computing monthly pension rates of single veteran
providing for a maximum monthly pension for each group within
designated income category and for computing each individual's
monthly benefit rate by reducing the maximum rate by a specified
number of cents for each dollar by which the minimum income
limitation for that group is exceeded, for table setting out the
income and pension rates, and raised the maximum income from $2300
to $2600.
Subsec. (c). Pub. L. 92-198, Sec. 1(b), substituted formula for
computing monthly pension rates of veteran with dependents by
providing for maximum monthly pension for each group within
designated income category depending on the number of dependents
and for computing each individual's monthly benefit rate by
reducing the maximum rate by a specified number of cents for each
dollar by which the minimum income limitation for that group is
exceeded, for table setting out the income and pension rates, and
raised the maximum income limit from $3500 to $3800.
Subsec. (g)(3). Pub. L. 92-198, Sec. 5(b), inserted reference to
Mexican border period.
1970 - Pub. L. 91-588, Sec. 9(c)(3), inserted reference to
Mexican border period in section catchline.
Subsec. (a). Pub. L. 91-588, Sec. 9(c)(1), inserted reference to
Mexican border period.
Subsec. (b). Pub. L. 91-588, Sec. 1(a), provided new annual
income limits to measure monthly pension rates of single veteran by
adding minimum income limits of $2,000, $2,100 and $2,200 with
maximum limits of $2,100, $2,200 and $2,300 for monthly benefits of
$45, $37 and $29, respectively, and within existing annual income
limits from a maximum of $300 to a maximum of $2,000, as well as
the in-between limits set out in one-hundred dollar increments, the
applicable monthly benefit for each limit was amended, respectively
by substituting in column II "121" for "$110", "119" for "108",
"117" for "106", "115" for "104", "112" for "100", "108" for "96",
"104" for "92", "100" for "88", "96" for "84", "92" for "79", "88"
for "75", "84" for "69" "79" for "63" "75" for "57", "69" for "51",
"63" for "45", "57" for "37", and "51" for "29".
Subsec. (c). Pub. L. 91-588, Sec. 1(b), provided new annual
income limits to measure monthly pension rates of veteran with
dependents by adding minimum income limits of $3,200, $3,300, and
$3,400 with maximum limits of $3,300, $3,400, and $3,500 for
monthly benefits of $50, and within existing annual income limits
from a maximum of $500 to a maximum of $3,200, as well as
in-between limits set out in one-hundred dollar increments, the
applicable monthly benefits for each limit was amended,
respectively, by substituting in column II (one dependent) "$132"
for "$120", "130" for "118", "128" for "116", "126" for "114",
"124" for "112", "122" for "109", in column III (two dependents)
"$137" for "$125", "135" for "123, "133" for "121", "131" for
"119", "129" for "117", "127" for "114", in column IV (three or
more dependents) "$142" for "$130", "140" for "128", "138" for
"126", "136" for "124", "134" for "122", "132" for "119", and in
columns II, III, and IV (for any number of dependents) "119" for
"107", "116" for "105", "113" for "103", "110" for "101", "107" for
"99", "104" for "96", "101" for "93" "99" for "90", "96" for "87",
"93" for "84", "90" for "81", "87" for "78", "84" for "75", "81"
for "72", "78" for "69", "75" for "66", "72" for "62", "69" for
"58", "66" for "54", "62" for "50", "58" for "42", and "54" for
"34".
Subsec. (d). Pub. L. 91-588, Sec. 3(b)(1), substituted "$110" for
"$100".
Subsec. (e). Pub. L. 91-588, Sec. 3(b)(2), substituted "44" for
"$40".
Subsec. (g)(1), (2). Pub. L. 91-588, Sec. 9(c)(2), inserted
reference to Mexican border period.
1968 - Subsec. (b). Pub. L. 90-275, Sec. 1(a), in providing new
annual income limits to measure monthly pension rates of single
veteran, substituted minimum income limit of $300 for monthly
benefit of $110 for former $600 limit for monthly benefit of $104,
maximum income limit of $2,000 for monthly benefit of $29 for
former $1,800 limit for monthly benefit of $45, and sixteen other
in-between limits in one hundred dollar increments from more than
$300 to less than $1,900 for monthly benefits of $108-37 for former
in-between limit of more than $600 but less than $1,200 for monthly
benefit of $79.
Subsec. (c). Pub. L. 90-275, Sec. 1(b), in providing new annual
income limits to measure monthly pension rates of veteran with
dependents, substituted minimum income limit of $500 for monthly
benefit of $120 (one dependent), $125 (two dependents), and $130
(three or more dependents) for former $1,000 limit for monthly
benefit of $109 (one dependent), $114 (two dependents), and $119
(three or more dependents), maximum income limit of $3,200 for
monthly benefit of $34 (for any number of dependents) for former
$3,000 limit for monthly benefit of $50 (for any number of
dependents), and twenty-six other in-between limits in one hundred
dollar increments from more than $500 to less than $3,100 for
monthly benefits of $118 to 42 (one dependent), $123 to 42 (two
dependents), and $128 to 42 (three or more dependents) for former
in-between limit of more than $1,000 but less than $2,000 for
monthly benefit of $84 (for any number of dependents).
1967 - Pub. L. 90-77, Sec. 202(c), inserted reference to Vietnam
era in section catchline.
Subsec. (a). Pub. L. 90-77, Sec. 202(a), inserted reference to
Vietnam era.
Subsec. (b). Pub. L. 90-77, Sec. 104(a), increased monthly
pension rate in column II from $100, $75, and $43 to $104, $79,and
$45 respectively.
Subsec. (c). Pub. L. 90-77, Sec. 104(b), increased monthly
pension rate in column II from $105, $80, and $48 to $109, $84, and
$50; column III from $110, $80, and $48 to $114, $84, and $50; and
column IV from $115, $80, and $48 to $119, $84, and $50,
respectively.
Subsec. (e). Pub. L. 90-77, Sec. 104(c), substituted "$40" for
"$35".
Subsec. (g). Pub. L. 90-77, Sec. 202(b), inserted references to
Vietnam era in pars. (1) to (3).
1964 - Subsec. (b). Pub. L. 88-664, Sec. 3(a), increased monthly
pension rate in column II from $85, $70, and $40 to $100, $75, and
$43, respectively.
Subsec. (c). Pub. L. 88-664, Sec. 3(b), increased monthly pension
rate in column II from $90, $75, and $45 to $105, $80, and $48;
column III from $95, $75, and $45 to $110, $80, and $48; and column
IV from $100, $75, and $45 to $115, $80, and $48, respectively.
Subsec. (d). Pub. L. 88-664, Sec. 5, increased additional monthly
rate of veterans in need of aid and attendance from $70 to $100.
Subsecs. (e), (f). Pub. L. 88-664, Secs. 6(a), 7, added subsec.
(e), redesignated former subsec. (e) as (f) and substituted "in
excess of whichever is the greater, $1,200 or the total earned
income of the spouse," for "except $1,200 of such income" in par.
(1). Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 88-664, Sec. 6(a), redesignated former
subsec. (f) as (g).
1961 - Subsec. (f)(4). Pub. L. 87-101 added par. (4).
1959 - Subsec. (a). Pub. L. 86-211, Sec. 3(a)(2), struck out
provisions that prescribed amount of monthly pension payable. See
subsecs. (b) to (d) of this section.
Subsecs. (b) to (e). Pub. L. 86-211, Sec. 3(a)(3), added subsecs.
(b) to (e). Former subsec. (b) redesignated (f).
Subsec. (f). Pub. L. 86-211, Sec. 3(a)(1), redesignated former
subsec. (b) as (f).
EFFECTIVE DATE OF 2001 AMENDMENT
Amendment by Pub. L. 107-103 effective Sept. 17, 2001, see
section 207(c) of Pub. L. 107-103, set out as an Effective Date
note under section 1513 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section
401 of Pub. L. 95-588, set out as a note under section 101 of this
title.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95-204 effective Jan. 1, 1978, see section
302 of Pub. L. 95-204, set out as a note under section 1122 of this
title.
EFFECTIVE DATE OF 1976 AMENDMENT
Section 405 of Pub. L. 94-432 provided that:
"(a) The provisions of this Act [see Tables for classification],
other than titles II and III and section 401, shall take effect on
the date of the enactment of this Act [Sept. 30, 1976].
"(b) Titles II and III [see Tables for classification] and
section 401 of this Act [amending section 322 [now 1122] of this
title] shall take effect January 1, 1977."
EFFECTIVE DATE OF 1975 AMENDMENT
Section 102 of Pub. L. 94-169, as amended by section 101 of Pub.
L. 94-432, eff. Sept. 30, 1976, provided that the amendment made by
that section is effective Jan. 1, 1976.
Section 106 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
EFFECTIVE DATE OF 1974 AMENDMENT
Section 10 of Pub. L. 93-527 provided that: "This Act [see Tables
for classification] shall take effect on January 1, 1975."
EFFECTIVE DATE OF 1973 AMENDMENT
Section 8 of Pub. L. 93-177 provided that: "This Act [see Tables
for classification] shall take effect on January 1, 1974."
EFFECTIVE DATE OF 1971 AMENDMENT
Section 6 of Pub. L. 92-198 provided that: "This Act [see Tables
for classification] shall take effect on January 1, 1972."
EFFECTIVE DATE OF 1970 AMENDMENT
Section 10 of Pub. L. 91-588 provided that:
"(a) Sections 1, 2(a), (b), and (c), 3, 4, 5, 6, 7, 8, and 9 [see
Tables for classification] shall take effect on January 1, 1971.
"(b) Sections 2(d) and 6 [amending sections 415 and 506 [now 1315
and 1506] of this title] shall take effect on January 1, 1972."
[In view of the similarity of subject matter covered by
amendments made by sections 2(d) and 6 of Pub. L. 91-588, the
effective date for the amendment made by section 6 was probably
intended by Congress to be Jan. 1, 1972, as called for in subsec.
(b) of section 10 of Pub. L. 91-588, rather than Jan. 1, 1971, as
called for in subsec. (a) of that section.]
EFFECTIVE DATE OF 1968 AMENDMENT
Section 6 of Pub. L. 90-275 provided that:
"(a) The first section and sections 2 and 4 of this Act [amending
this section and sections 415 and 541 [now 1315 and 1541] of this
title and enacting provisions set out below] shall take effect on
January 1, 1969.
"(b) Sections 3 and 5 of this Act [enacting provisions set out
below and amending section 3012 [now 5112] of this title] shall
take effect on the first day of the first calendar month following
the month of initial payment of increases in monthly insurance
benefits provided by the Social Security Amendments of 1967 [see
Short Title note under section 302 of Title 42, the Public Health
and Welfare]."
EFFECTIVE DATE OF 1967 AMENDMENT
Amendment by Pub. L. 90-77 effective first day of first calendar
month which begins more than ten days after Aug. 31, 1967, see
section 405 of Pub. L. 90-77, set out as a note under section 101
of this title.
EFFECTIVE DATE OF 1964 AMENDMENT
Amendment by Pub. L. 88-664 and provisions of section 10 of Pub.
L. 88-664, set out as a note below, effective Jan. 1, 1965, see
section 11 of Pub. L. 88-664, set out as a note under section 1503
of this title.
EFFECTIVE DATE OF 1961 AMENDMENT
Section 2 of Pub. L. 87-101 provided that: "Pension shall not be
paid for any period prior to the effective date of this Act [July
21, 1961] to any person whose eligibility for pension is
established solely by virtue of this Act [amending this section]."
EFFECTIVE DATE OF 1959 AMENDMENT
Amendment by Pub. L. 86-211 effective July 1, 1960, see section
10 of Pub. L. 86-211, set out as an Effective Date note under
section 1506 of this title.
SAVINGS PROVISION FOR PERSONS ENTITLED TO PENSION AS OF DECEMBER
31, 1978; OTHER PROVISIONS
Section 306 of Pub. L. 95-588, as amended by Pub. L. 102-40,
title IV, Sec. 402(d)(2), May 7, 1991, 105 Stat. 239; Pub. L.
102-83, Secs. 5(c)(2), 6(c), Aug. 6, 1991, 105 Stat. 406, 407,
provided that:
"(a)(1)(A) Except as provided in subparagraph (B), any person who
as of December 31, 1978, is entitled to receive pension under
section 1521, 1541, or 1542 [formerly 521, 541, or 542] of title
38, United States Code, may elect to receive pension under such
section as in effect after such date, subject to the terms and
conditions in effect with respect to the receipt of such pension.
Any such election shall be made in such form and manner as the
Secretary of Veterans Affairs (hereinafter in this section referred
to as the 'Secretary') may prescribe. If pension is paid pursuant
to such an election, the election shall be irrevocable.
"(B) Any veteran eligible to make an election under subparagraph
(A) who is married to another veteran who is also eligible to make
such an election may not make such an election unless both such
veterans make such an election.
"(2) Any person eligible to make an election under paragraph (1)
who does not make such an election shall continue to receive
pension at the monthly rate being paid to such person on December
31, 1978, subject to all provisions of law applicable to basic
eligibility for and payment of pension under section 1521, 1541, or
1542 [formerly 521, 541, or 542], as appropriate, of title 38,
United States Code, as in effect on December 31, 1978, except that
-
"(A) pension may not be paid to such person if such person's
annual income (determined in accordance with section 1503
[formerly 503] of title 38, United States Code, as in effect on
December 31, 1978) exceeds $4,038, in the case of a veteran or
surviving spouse without dependents, $5,430, in the case of a
veteran or surviving spouse with one or more dependents, or
$3,299, in the case of a child; and
"(B) the amount prescribed in subsection (f)(1) of section 1521
[formerly 521] of such title (as in effect on December 31, 1978)
shall be $1,285;
as each such amount is increased from time to time under paragraph
(3).
"(3) Whenever there is an increase under section 5312 [formerly
3112] of title 38, United States Code (as added by section 304 of
this Act), in the maximum annual rates of pension under sections
1521, 1541, and 1542 [formerly 521, 541, and 542] of such title, as
in effect after December 31, 1978, the Secretary shall, effective
on the date of such increase under such section 5312 [formerly
3112], increase -
"(A) the annual income limitations in effect under paragraph
(2); and
"(B) the amount of income of a veteran's spouse excluded from
the annual income of such veteran under section 1521(f)(1)
[formerly 521(f)(1)] of such title, as in effect on December 31,
1978;
by the same percentage as the percentage by which such maximum
annual rates under such sections 1521, 1541, and 1542 [formerly
521, 541, and 542] are increased.
"(b)(1) [Subsec. (b)(1) which provided for the repeal, effective
Jan. 1, 1979, of section 9 of the Veterans' Pension Act of 1959,
Pub. L. 86-211, Sec. 9, Aug. 29, 1959, 73 Stat. 436, has been
executed to note set out under this section.]
"(2)(A) Except as provided in subparagraph (B), any person who as
of December 31, 1978, is entitled to receive pension under section
9(b) of the Veterans' Pension Act of 1959 Pub. L. 86-211, Sec. 9,
Aug. 29, 1959, 73 Stat. 436 [formerly set out as a note under this
section] may elect to receive pension under section 1521, 1541, or
1542 [formerly 521, 541, or 542] of title 38, United States Code,
as in effect after such date, subject to the terms and conditions
in effect with respect to the receipt of such pension. Any such
election shall be made in such form and manner as the Secretary may
prescribe. If pension is paid pursuant to such an election, the
election shall be irrevocable.
"(B) Any veteran eligible to make an election under subparagraph
(A) who is married to another veteran who is also eligible to make
such an election may not make such an election unless both such
veterans make such an election.
"(3) Any person eligible to make an election under paragraph (2)
who does not make such an election shall continue to receive
pension at the monthly rate being paid to such person on December
31, 1978, subject to all provisions of law applicable to basic
eligibility for and payment of pension under section 9(b) of the
Veterans' Pension Act of 1959 Pub. L. 86-211, Sec. 9(b), Aug. 29,
1959, 73 Stat. 436 [formerly set out below], as in effect on
December 31, 1978, except that pension may not be paid to such
person if such person's annual income (determined in accordance
with the applicable provisions of law, as in effect on December 31,
1978) exceeds $3,534, in the case of a veteran or surviving spouse
without dependents or in the case of a child, or $5,098, in the
case of a veteran or surviving spouse with one or more dependents,
as each such amount is increased from time to time under paragraph
(4).
"(4) Whenever there is an increase under section 5312 [formerly
3112] of title 38, United States Code (as added by section 304 of
this Act), in the maximum annual rates of pension under sections
1521, 1541, and 1542 [formerly 521, 541, and 542] of such title, as
in effect after December 31, 1978, the Secretary shall, effective
on the date of such increase under such section 5312 [formerly
3112], increase the annual income limitations in effect under
paragraph (3) by the same percentage as the percentage by which the
maximum annual rates under such sections 1521, 1542, and 1543
[formerly 521, 542, and 543] are increased.
"(c) Any case in which -
"(1) a claim for pension is pending in the Veterans'
Administration on December 31, 1978;
"(2) a claim for pension is filed by a veteran after December
31, 1978, and within one year after the date on which such
veteran became totally and permanently disabled, if such veteran
became totally and permanently disabled before January 1, 1979;
or
"(3) a claim for pension is filed by a surviving spouse or by a
child after December 31, 1978, and within one year after the date
of death of the veteran through whose relationship such claim is
made, if the death of such veteran occurred before January 1,
1979;
shall be adjudicated under title 38, United States Code, as in
effect on December 31, 1978. Any benefits determined to be payable
as the result of the adjudication of such a claim shall be subject
to the provisions of subsection (a).
"(d) In any case in which any person who as of December 31, 1978,
is entitled to receive pension under section 1521, 1541, or 1542
[formerly 521, 541, or 542] of title 38, United States Code, or
under section 9(b) of the Veterans' Pension Act of 1959 Pub. L.
86-211, 6, 9(b), Aug. 29, 1959, 73 Stat. 436 [formerly set out as a
note under this section], elects (in accordance with subsection
(a)(1) or (b)(2), as appropriate) before October 1, 1979, to
receive pension under such section as in effect after December 31,
1978, the Administrator of Veterans' Affairs shall pay to such
person an amount equal to the amount by which the amount of pension
benefits such person would have received had such election been
made on January 1, 1979, exceeds the amount of pension benefits
actually paid to such person for the period beginning on January 1,
1979, and ending on the date preceding the date of such election.
"(e) Whenever there is an increase under subsections (a)(3) and
(b)(4) in the annual income limitations with respect to persons
being paid pension under subsections (a)(2) and (b)(3), the
Secretary shall publish such annual income limitations, as
increased pursuant to such subsections, in the Federal Register at
the same time as the material required by section 215(i)(2)(D) of
the Social Security Act [section 415(i)(2)(D) of Title 42, The
Public Health and Welfare] is published by reason of a
determination under section 215(i) of such Act."
SAVINGS PROVISION
Section 9 of Pub. L. 86-211, which provided (1) that any claim
for pension which was pending on June 30, 1960, or any claim for
death pension filed thereafter within one year from the date of
death of a veteran which occurred prior to July 1, 1960, would be
adjudicated under this title in effect on June 30, 1960, with
respect to the period before July 1, 1960, and, except as provided
below, under this title, as amended by Pub. L. 86-211, thereafter;
(2) that nothing in Pub. L. 86-211 would affect the eligibility of
any person receiving pension under this title on June 30, 1960, for
pension under all applicable provisions of this title in effect on
that date for such period or periods thereafter with respect to
which he could qualify under such provisions and that this
provision would not apply in any case for any period after pension
was granted, pursuant to application, under this title as amended
by Pub. L. 86-211; and (3) that provision (2) would not apply to
those claims within the purview of provision (1) in which it was
determined that pension was payable for June 30, 1960, was
repealed, effective Jan. 1, 1979, by section 306(b)(1) of Pub. L.
95-588, set out as a note above.
INCREASE IN AID AND ATTENDANCE RATES FOR VETERANS ELIGIBLE FOR
PENSION
Pub. L. 105-178, title VIII, Sec. 8206, June 9, 1998, 112 Stat.
494, provided that: "Effective October 1, 1998, the maximum annual
rates of pension in effect as of September 30, 1998, under the
following provisions of chapter 15 of title 38, United States Code,
are increased by $600:
"(1) Subsections (d)(1), (d)(2), (f)(2), and (f)(4) of section
1521.
"(2) Section 1536(d)(2)."
REPORT TO CONGRESSIONAL COMMITTEES; MEDICAL EXAMINATIONS OF CERTAIN
PENSION RECIPIENTS
Pub. L. 98-543, title III, Sec. 302, Oct. 24, 1984, 98 Stat.
2747, directed Administrator of Veterans' Affairs to report to
Committees on Veterans' Affairs of House of Representatives and
Senate not later than 28 months after Oct. 24, 1984, on results of
medical examinations conducted on certain individuals awarded
pensions under this section as permanently and totally disabled by
reason of being 65 years of age or older or becoming unemployable
after age 65.
STUDY OF PENSION BENEFITS PAID TO PERSONS RESIDING OUTSIDE UNITED
STATES; TRANSMITTAL OF REPORT AND RECOMMENDATIONS TO PRESIDENT AND
CONGRESS
Pub. L. 95-588, title III, Sec. 308, Nov. 4, 1978, 92 Stat. 2510,
directed Administrator of Veterans' Affairs, in consultation with
Secretary of State, to carry out a comprehensive study of income
characteristics of veterans of a period of war, as defined in
section 101(11) of this title, and their survivors residing outside
the fifty States and the District of Columbia, required submission
of a report to Congress and President on results of such study not
later than Feb. 1, 1980.
PENSION, DEPENDENCY, AND INDEMNITY COMPENSATION; RELATION TO SOCIAL
SECURITY AMENDMENTS OF 1967
Section 3 of Pub. L. 90-275 provided that:
"(a) If the monthly rate of pension or dependency and indemnity
compensation payable to a person under title 38, United States
Code, would be less, solely as a result of an increase in monthly
insurance benefits provided by the Social Security Amendments of
1967 [see Short Title note set out under section 302 of Title 42,
The Public Health and Welfare], than the monthly rate payable for
the month immediately preceding the effective date of this Act [see
Effective Date of 1968 Amendment note set out above], the
Administrator of Veterans' Affairs shall pay the person as follows:
"(1) for the balance of calendar year 1968 and during calendar
year 1969, at the prior monthly rate;
"(2) during the calendar year 1970, at the rate for the next
$100 annual income limitation higher than the maximum annual
income limitation corresponding to the prior monthly rate; and
"(3) during each successive calendar year, at the rate for the
next $100 annual income limitation higher than the one applied
for the preceding year, until the rate corresponding to actual
countable income is reached.
"(b) Subsection (a) shall not apply for any period during which
annual income of such person, exclusive of an increase in monthly
insurance benefits provided by the Social Security Amendments of
1967 [see Short Title note set out under section 302 of Title 42],
exceeds the amount of annual income upon which was based the
pension or dependency and indemnity compensation payable to the
person immediately prior to receipt of the increase."
[Provisions of section 3 of Pub. L. 90-275 effective on first day
of first calendar month following month of initial payment of
increases in monthly insurance benefits provided by Social Security
Amendments of 1967 [see Short Title note set out under section 302
of Title 42], see section 6(b) of Pub. L. 90-275, set out as an
Effective Date of 1968 Amendment note above.]
INCOME RESTRICTIONS ON PENSIONS; EFFECTIVE DATES
Section 4 of Pub. L. 90-275, as amended by Pub. L. 91-588, Sec.
5; Pub. L. 92-198, Sec. 4; Pub. L. 93-527, Sec. 6; Pub. L. 94-169,
Sec. 107; Pub. L. 94-432, Sec. 206; Pub. L. 95-204, Sec. 105,
provided that: "The income limitations governing payment of pension
under the first sentence of section 9(b) of the Veterans' Pension
Act of 1959 [formerly set out in a Savings Provision note above]
hereafter shall be $3,300 and $4,760 instead of $3,100 and $4,460,
respectively."
Section 4 of Pub. L. 90-275, as originally enacted, was eff. Jan.
1, 1969, pursuant to Pub. L. 90-275, Sec. 6(a). Subsequent
amendments to said section 4 by Pub. L. 91-588, Pub. L. 92-198, and
Pub. L. 94-169 were effective Jan. 1, 1971, Jan. 1, 1972, and for a
period beginning Jan. 1, 1976 and ending Sept. 30, 1976,
respectively. Pub. L. 94-432, Secs. 101, 405(b) amended said
section 4 of Pub. L. 90-275 and section 107 of Pub. L. 94-169 to be
effective Jan. 1, 1976 and Jan. 1, 1977, respectively. Pub. L.
95-204, Sec. 302 amended said section 4 of Pub. L. 90-275 to be
effective Jan. 1, 1978.
AID AND ATTENDANCE ALLOWANCE FOR WIDOWS OF VETERANS OF ALL PERIODS
OF WAR
Pub. L. 90-77, title I, Sec. 108(c), Aug. 31, 1967, 81 Stat. 180,
provided that: "If any widow is entitled to pension under the first
sentence of section 9(b) of the Veterans' Pension Act of 1959
[formerly set out in a Savings Provision note above] and is in need
of regular aid and attendance, the monthly rate of pension payable
to her shall be increased by $50."
PENSION FOR HOUSEBOUND VETERANS
Pub. L. 90-77, title I, Sec. 110, Aug. 31, 1967, 81 Stat. 180,
provided that: "The Administrator of Veterans' Affairs shall pay to
a veteran who is entitled to pension under the first sentence of
section 9(b) of the Veterans' Pension Act of 1959 [formerly set out
in a Savings Provision note above] and who -
"(1) has, in addition to a disability rated as permanent and
total, additional disability or disabilities independently
ratable at 60 per centum or more, or
"(2) by reason of his disability or disabilities, is
permanently housebound but does not qualify for pension based on
need of regular aid and attendance,
in lieu of the pension otherwise payable to him, a pension at the
monthly rate of $100."
RETIREMENT INCOME EXCLUSION
Section 10 of Pub. L. 88-664 provided that: "In computing the
income of persons whose pension eligibility is subject to the first
sentence of section 9(b) of the Veterans' Pension Act of 1959
[formerly set out in a Savings Provision note above] there shall be
excluded 10 per centum of the amount of payments received under
public or private retirement, annuity, endowment or similar plans
or programs."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 107, 111, 1506, 1508,
1511, 1512, 1513, 1522, 1523, 1541, 1542, 1710, 1710B, 1722, 1722A,
5123, 5304, 5312, 5503 of this title; title 42 section 8624.
-End-
-CITE-
38 USC Sec. 1522 01/06/03
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER II - VETERANS' PENSIONS
Non-Service-Connected Disability Pension
-HEAD-
Sec. 1522. Net worth limitation
-STATUTE-
(a) The Secretary shall deny or discontinue the payment of
pension to a veteran under section 1513 or 1521 of this title when
the corpus of the estate of the veteran or, if the veteran has a
spouse, the corpus of the estates of the veteran and of the
veteran's spouse is such that under all the circumstances,
including consideration of the annual income of the veteran, the
veteran's spouse, and the veteran's children, it is reasonable that
some part of the corpus of such estates be consumed for the
veteran's maintenance.
(b) The Secretary shall deny or discontinue the payment of
increased pension under subsection (c), (d), (e), or (f) of section
1521 of this title on account of a child when the corpus of such
child's estate is such that under all the circumstances, including
consideration of the veteran's and spouse's income, and the income
of the veteran's children, it is reasonable that some part of the
corpus of such child's estate be consumed for the child's
maintenance. During the period such denial or discontinuance
remains in effect, such child shall not be considered as the
veteran's child for purposes of this chapter.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1136, Sec. 522; Pub. L.
86-211, Sec. 3(b), Aug. 29, 1959, 73 Stat. 434; Pub. L. 95-588,
title I, Sec. 107, Nov. 4, 1978, 92 Stat. 2502; renumbered Sec.
1522 and amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a),
(c)(1), Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 107-103, title II,
Sec. 207(b)(2), Dec. 27, 2001, 115 Stat. 991.)
-MISC1-
AMENDMENTS
2001 - Subsec. (a). Pub. L. 107-103 inserted "1513 or" before
"1521 of this title".
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 522 of this
title as this section.
Pub. L. 102-83, Sec. 5(c)(1), substituted "1521" for "521" in
subsecs. (a) and (b).
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator" in subsecs. (a) and (b).
1978 - Pub. L. 95-588 designated existing provisions as subsec.
(a), inserted provisions relating to consideration of the income
and estates of the spouse and children of an eligible veteran, and
added subsec. (b).
1959 - Pub. L. 86-211 substituted provisions requiring the denial
or discontinuance of payment of pension when the corpus of the
veteran's estate is such that under all the circumstances,
including consideration of the veteran's income, it is reasonable
that some part of the corpus be consumed for the veteran's
maintenance for provisions which prohibited the payment of a
pension to any unmarried veteran whose annual income exceeds $1,400
or to any married veteran or any veteran with children whose annual
income exceeds $2,700.
EFFECTIVE DATE OF 2001 AMENDMENT
Amendment by Pub. L. 107-103 effective Sept. 17, 2001, see
section 207(c) of Pub. L. 107-103, set out as an Effective Date
note under section 1513 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section
401 of Pub. L. 95-588, set out as a note under section 101 of this
title.
EFFECTIVE DATE OF 1959 AMENDMENT
Amendment by Pub. L. 86-211 effective July 1, 1960, see section
10 of Pub. L. 86-211, set out as an Effective Date note under
section 1521 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 107, 1722 of this title.
-End-
-CITE-
38 USC Sec. 1523 01/06/03
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER II - VETERANS' PENSIONS
Non-Service-Connected Disability Pension
-HEAD-
Sec. 1523. Combination of ratings
-STATUTE-
(a) The Secretary shall provide that, for the purpose of
determining whether or not a veteran is permanently and totally
disabled, ratings for service-connected disabilities may be
combined with ratings for non-service-connected disabilities.
(b) Where a veteran, by virtue of subsection (a), is found to be
entitled to a pension under section 1521 of this title, and is
entitled to compensation for a service-connected disability, the
Secretary shall pay such veteran the greater benefit.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1136, Sec. 523; Pub. L.
94-169, title I, Sec. 106(19), Dec. 23, 1975, 89 Stat. 1018;
renumbered Sec. 1523 and amended Pub. L. 102-83, Secs. 4(b)(1),
(2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406.)
-MISC1-
AMENDMENTS
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 523 of this
title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator".
Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted "1521" for
"521".
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator".
1975 - Subsec. (b). Pub. L. 94-169 substituted "such veteran" for
"him".
EFFECTIVE DATE OF 1975 AMENDMENT
Section 106 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
-End-
-CITE-
38 USC Sec. 1524 01/06/03
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER II - VETERANS' PENSIONS
Non-Service-Connected Disability Pension
-HEAD-
Sec. 1524. Vocational training for certain pension recipients
-STATUTE-
(a)(1) In the case of a veteran under age 45 who is awarded a
pension during the program period, the Secretary shall, based on
information on file with the Department of Veterans Affairs, make a
preliminary finding whether such veteran, with the assistance of a
vocational training program under this section, has a good
potential for achieving employment. If such potential is found to
exist, the Secretary shall solicit from the veteran an application
for vocational training under this section. If the veteran
thereafter applies for such training, the Secretary shall provide
the veteran with an evaluation, which may include a personal
interview, to determine whether the achievement of a vocational
goal is reasonably feasible.
(2) If a veteran who is 45 years of age or older and is awarded
pension during the program period, or a veteran who was awarded
pension before the beginning of the program period, applies for
vocational training under this section and the Secretary makes a
preliminary finding on the basis of information in the application
that, with the assistance of a vocational training program under
subsection (b) of this section, the veteran has a good potential
for achieving employment, the Secretary shall provide the veteran
with an evaluation in order to determine whether the achievement of
a vocational goal by the veteran is reasonably feasible. Any such
evaluation shall include a personal interview by a Department
employee trained in vocational counseling.
(3) For the purposes of this section, the term "program period"
means the period beginning on February 1, 1985, and ending on
December 31, 1995.
(b)(1) If the Secretary, based upon an evaluation under
subsection (a) of this section, determines that the achievement of
a vocational goal by a veteran is reasonably feasible, the veteran
shall be offered and may elect to pursue a vocational training
program under this subsection. If the veteran elects to pursue such
a program, the program shall be designed in consultation with the
veteran in order to meet the veteran's individual needs and shall
be set forth in an individualized written plan of vocational
rehabilitation of the kind described in section 3107 of this title.
(2)(A) Subject to subparagraph (B) of this paragraph, a
vocational training program under this subsection shall consist of
vocationally oriented services and assistance of the kind provided
under chapter 31 of this title and such other services and
assistance of the kind provided under that chapter as are necessary
to enable the veteran to prepare for and participate in vocational
training or employment.
(B) A vocational training program under this subsection -
(i) may not exceed 24 months unless, based on a determination
by the Secretary that an extension is necessary in order for the
veteran to achieve a vocational goal identified (before the end
of the first 24 months of such program) in the written plan
formulated for the veteran, the Secretary grants an extension for
a period not to exceed 24 months;
(ii) may not include the provision of any loan or subsistence
allowance or any automobile adaptive equipment of the kind
provided under chapter 39 of this title; and
(iii) may include a program of education at an institution of
higher learning (as defined in sections 3452(b) and 3452(f),
respectively, of this title) only in a case in which the
Secretary determines that the program involved is predominantly
vocational in content.
(3) When a veteran completes a vocational training program under
this subsection, the Secretary may provide the veteran with
counseling of the kind described in section 3104(a)(2) of this
title, placement and postplacement services of the kind described
in section 3104(a)(5) of this title, and training of the kind
described in section 3104(a)(6) of this title during a period not
to exceed 18 months beginning on the date of such completion.
(4) A veteran may not begin pursuit of a vocational training
program under this subsection after the later of (A) December 31,
1995, or (B) the end of a reasonable period of time, as determined
by the Secretary, following either the evaluation of the veteran
under subsection (a) of this section or the award of pension to the
veteran as described in subsection (a)(2) of this section. Any
determination by the Secretary of such a reasonable period of time
shall be made pursuant to regulations which the Secretary shall
prescribe.
(c) In the case of a veteran who has been determined to have a
permanent and total non-service-connected disability and who, not
later than one year after the date the veteran's eligibility for
counseling under subsection (b)(3) of this section expires, secures
employment within the scope of a vocational goal identified in the
veteran's individualized written plan of vocational rehabilitation
(or in a related field which requires reasonably developed skills
and the use of some or all of the training or services furnished
the veteran under such plan), the evaluation of the veteran as
having a permanent and total disability may not be terminated by
reason of the veteran's capacity to engage in such employment until
the veteran first maintains such employment for a period of not
less than 12 consecutive months.
(d) A veteran who pursues a vocational training program under
subsection (b) of this section shall have the benefit of the
provisions of subsection (a) of section 1525 of this title
beginning at such time as the veteran's entitlement to pension is
terminated by reason of income from work or training (as defined in
subsection (b)(1) of that section) without regard to the date on
which the veteran's entitlement to pension is terminated.
(e) Payments by the Secretary for education, training, and other
services and assistance under subsection (b) of this section (other
than the services of Department employees) shall be made from the
Department appropriations account from which payments for pension
are made.
-SOURCE-
(Added Pub. L. 98-543, title III, Sec. 301(a)(1), Oct. 24, 1984, 98
Stat. 2744, Sec. 524; amended Pub. L. 99-576, title VII, Sec.
703(b)(1), Oct. 28, 1986, 100 Stat. 3303; Pub. L. 100-227, title
II, Sec. 202, Dec. 31, 1987, 101 Stat. 1555; Pub. L. 100-687, div.
B, title XIII, Sec. 1303(a), (b), Nov. 18, 1988, 102 Stat. 4128;
Pub. L. 101-237, title I, Sec. 114, Dec. 18, 1989, 103 Stat. 2065;
renumbered Sec. 1524 and amended Pub. L. 102-83, Secs. 4(a)(3),
(4), (b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406;
Pub. L. 102-291, Sec. 2(b), May 20, 1992, 106 Stat. 178; Pub. L.
102-568, title IV, Sec. 402(a)-(c)(2)(A), Oct. 29, 1992, 106 Stat.
4337; Pub. L. 103-446, title XII, Sec. 1201(g)(2), Nov. 2, 1994,
108 Stat. 4687.)
-MISC1-
AMENDMENTS
1994 - Subsec. (a)(2). Pub. L. 103-446 substituted "If" for
"Subject to paragraph (3) of this subsection, if".
1992 - Pub. L. 102-568, Sec. 402(c)(2)(A), substituted
"Vocational training for certain pension recipients" for "Temporary
program of vocational training for certain new pension recipients"
as section catchline.
Subsec. (a)(1). Pub. L. 102-568, Sec. 402(a), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: "Subject
to paragraph (3) of this subsection, in the case of a veteran under
the age of 45 who is awarded pension during the program period, the
Secretary shall determine whether the achievement of a vocational
goal by the veteran is reasonably feasible. Any such determination
shall be made only after evaluation of the veteran's potential for
rehabilitation, and any such evaluation shall include a personal
interview of the veteran by a Department employee who is trained in
vocational counseling. If the veteran fails, for reasons other than
those beyond the veteran's control, to participate in the
evaluation in the manner required by the Secretary in order to make
such determination, the Secretary shall suspend the veteran's
pension for the duration of such failure."
Subsec. (a)(3). Pub. L. 102-568, Sec. 402(b), redesignated par.
(4) as (3), substituted "December 31, 1995" for "December 31,
1992", and struck out former par. (3) which read as follows: "Not
more than 3,500 veterans may be given evaluations under this
subsection during any 12-month period beginning on February 1 of a
year."
Subsec. (a)(4). Pub. L. 102-568, Sec. 402(b)(2), redesignated
par. (4) as (3).
Pub. L. 102-291 substituted "December 31, 1992" for "January 31,
1992".
Subsec. (b)(4). Pub. L. 102-568, Sec. 402(c)(1), substituted
"December 31, 1995" for "January 31, 1992".
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 524 of this
title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator" wherever appearing in pars. (1) and
(2).
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for
"Veterans' Administration" in pars. (1) and (2).
Subsec. (b)(1). Pub. L. 102-83, Sec. 5(c)(1), substituted "3107"
for "1507".
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator".
Subsec. (b)(2)(B)(i). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),
substituted "Secretary" for "Administrator" in two places.
Subsec. (b)(2)(B)(iii). Pub. L. 102-83, Sec. 5(c)(1), substituted
"3452(b) and 3452(f)" for "1652(b) and 1652(f)".
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator".
Subsec. (b)(3). Pub. L. 102-83, Sec. 5(c)(1), substituted
"3104(a)(2)" for "1504(a)(2)", "3104(a)(5)" for "1504(a)(5)", and
"3104(a)(6)" for "1504(a)(6)".
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator".
Subsec. (b)(4). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator" wherever appearing.
Subsec. (d). Pub. L. 102-83, Sec. 5(c)(1), substituted "1525" for
"525".
Subsec. (e). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator".
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for
"Veterans' Administration" in two places.
1989 - Subsec. (a)(1), (2). Pub. L. 101-237, Sec. 114(a),
substituted "45" for "50".
Subsecs. (c) to (e). Pub. L. 101-237, Sec. 114(b), added subsec.
(c) and redesignated former subsecs. (c) and (d) as (d) and (e),
respectively.
1988 - Subsec. (a)(2). Pub. L. 100-687, Sec. 1303(a), substituted
"is awarded pension during the program period, or a veteran who was
awarded pension before the beginning of the program period," for
"who is awarded pension during the program period".
Subsecs. (a)(4), (b)(4)(A). Pub. L. 100-687, Sec. 1303(b),
substituted "1992" for "1989".
1987 - Subsec. (a)(3). Pub. L. 100-227 substituted "3,500" for
"2,500".
1986 - Subsec. (a)(2). Pub. L. 99-576, Sec. 703(b)(1)(A),
substituted "subsection (b) of this section" for "subsection (d) of
this section".
Subsec. (b)(4). Pub. L. 99-576, Sec. 703(b)(1)(B), substituted
"subsection (a) of this section" for "subsection (a)(1) of this
section".
Subsec. (c). Pub. L. 99-576, Sec. 703(b)(1)(C), substituted "A
veteran" for "Notwithstanding subsection (c) of section 525 of this
title, a veteran" and "defined in subsection (b)(1) of that
section" for "defined in subsection (b) of that section", and
inserted "without regard to the date on which the veteran's
entitlement to pension is terminated."
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102-291 effective Jan. 31, 1992, see section
2(d) of Pub. L. 102-291, set out as a note under section 1163 of
this title.
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99-576 effective as if included in Pub. L.
98-543, see section 703(c) of Pub. L. 99-576, set out as a note
under section 1313 of this title.
RATIFICATION OF ACTIONS OF SECRETARY OF VETERANS AFFAIRS DURING
LAPSED PERIOD
Provision of a vocational training program to a veteran under
this section and the making of related determinations under this
section ratified with respect to period beginning Feb. 1, 1992, and
ending May 20, 1992, see section 2(e) of Pub. L. 102-291, set out
as a note under section 1163 of this title.
REPORT TO CONGRESSIONAL COMMITTEES; NEW PENSION RECIPIENTS;
HEALTH-CARE ELIGIBILITY
Section 301(b) of Pub. L. 98-543 directed Administrator of
Veterans' Affairs to submit to Committees on Veterans' Affairs of
Senate and House of Representatives not later than Apr. 15, 1988, a
report on results of implementation of this section and section 525
[now 1525] of this title during period beginning on Feb. 1, 1985,
and ending on Jan. 31, 1988.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 3697 of this title.
-End-
-CITE-
38 USC Sec. 1525 01/06/03
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER II - VETERANS' PENSIONS
Non-Service-Connected Disability Pension
-HEAD-
Sec. 1525. Protection of health-care eligibility
-STATUTE-
(a) In the case of a veteran whose entitlement to pension is
terminated after January 31, 1985, by reason of income from work or
training, the veteran shall retain for a period of three years
beginning on the date of such termination all eligibility for care
and services under such chapter that the veteran would have had if
the veteran's entitlement to pension had not been terminated. Care
and services for which such a veteran retains eligibility include,
when applicable, drugs and medicines under section 1712(d) of this
title.
(b) For purposes of this section, the term "terminated by reason
of income from work or training" means terminated as a result of
the veteran's receipt of earnings from activity performed for
remuneration or with gain, but only if the veteran's annual income
from sources other than such earnings would, taken alone, not
result in the termination of the veteran's pension.
-SOURCE-
(Added Pub. L. 98-543, title III, Sec. 301(a)(1), Oct. 24, 1984, 98
Stat. 2746, Sec. 525; amended Pub. L. 99-272, title XIX, Sec.
19011(d)(1), Apr. 7, 1986, 100 Stat. 378; Pub. L. 99-576, title
VII, Sec. 703(b)(2), Oct. 28, 1986, 100 Stat. 3303; Pub. L.
100-687, div. B, title XIII, Sec. 1303(c), Nov. 18, 1988, 102 Stat.
4128; renumbered Sec. 1525 and amended Pub. L. 102-83, Sec. 5(a),
(c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-291, Sec. 2(c),
May 20, 1992, 106 Stat. 178; Pub. L. 102-568, title IV, Sec.
403(a), (b)(1), Oct. 29, 1992, 106 Stat. 4337; Pub. L. 104-262,
title I, Sec. 101(e)(1), Oct. 9, 1996, 110 Stat. 3180.)
-MISC1-
AMENDMENTS
1996 - Subsec. (a). Pub. L. 104-262, Sec. 101(e)(1)(A),
substituted "section 1712(d) of this title" for "section 1712(h) of
this title and special priority with respect to such care and
services under clauses (5) and (6) of section 1712(i)".
Subsec. (b). Pub. L. 104-262, Sec. 101(e)(1)(B), substituted
"remuneration" for "renumeration".
1992 - Pub. L. 102-568, Sec. 403(b)(1), substituted "Protection"
for "Temporary protection" in section catchline.
Subsec. (a). Pub. L. 102-568, Sec. 403(a)(1), substituted "after
January 31, 1985," for "during the program period".
Subsec. (b). Pub. L. 102-568, Sec. 403(a)(2), added subsec. (b)
and struck out former subsec. (b) which read as follows: "For the
purposes of this section:
"(1) The term 'terminated by reason of income from work or
training' means terminated as a result of the veteran's receipt
of earnings from activity performed for remuneration or gain, but
only if the veteran's annual income from sources other than such
earnings would, taken alone, not result in the termination of the
veteran's pension.
"(2) The term 'program period' means the period beginning on
February 1, 1985, and ending on December 31, 1992."
Pub. L. 102-291 substituted "December 31, 1992" for "January 31,
1992" in par. (2).
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 525 of this
title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "1712(h)"
for "612(h)" and "1712(i)" for "612(i)".
1988 - Subsec. (b)(2). Pub. L. 100-687 substituted "1992" for
"1989".
1986 - Subsec. (a). Pub. L. 99-576 struck out "under section 521
of this title" after "entitlement to pension".
Pub. L. 99-272 substituted "clauses (5) and (6) of section
612(i)" for "section 612(i)(5) of this title".
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102-291 effective Jan. 31, 1992, see section
2(d) of Pub. L. 102-291, set out as a note under section 1163 of
this title.
EFFECTIVE DATE OF 1986 AMENDMENTS
Amendment by Pub. L. 99-576 effective as if included in Pub. L.
98-543, see section 703(c) of Pub. L. 99-576, set out as a note
under section 1313 of this title.
Amendment by Pub. L. 99-272 applicable to hospital care, nursing
home care, and medical services furnished on or after July 1, 1986,
see section 19011(f) of Pub. L. 99-272, set out as a note under
section 1710 of this title.
RATIFICATION OF ACTIONS OF SECRETARY OF VETERANS AFFAIRS DURING
LAPSED PERIOD
Provision of health care and services to a veteran pursuant to
this section ratified with respect to period beginning Feb. 1,
1992, and ending May 20, 1992, see section 2(e) of Pub. L. 102-291,
set out as a note under section 1163 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1524 of this title.
-End-
-CITE-
38 USC SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND
CHILDREN 01/06/03
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND CHILDREN
-HEAD-
SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND CHILDREN
-MISC1-
AMENDMENTS
1975 - Pub. L. 94-169, title I, Sec. 101(2)(G), Dec. 23, 1975, 89
Stat. 1014, substituted "SURVIVING SPOUSES" for "WIDOWS" in
subchapter heading.
-SECREF-
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in section 1504 of this title.
-End-
-CITE-
38 USC Wars Before World War I 01/06/03
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND CHILDREN
Wars Before World War I
-HEAD-
WARS BEFORE WORLD WAR I
-End-
-CITE-
38 USC Sec. 1531 01/06/03
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND CHILDREN
Wars Before World War I
-HEAD-
[Sec. 1531. Vacant]
-COD-
CODIFICATION
Prior to renumbering of sections 501 to 543 of this chapter as
sections 1501 to 1543 by Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991,
105 Stat. 406, section 531 of this chapter, Pub. L. 85-857, Sept.
2, 1958, 72 Stat. 1137; Pub. L. 90-77, title I, Sec. 105, Aug. 31,
1967, 81 Stat. 179, which provided for a monthly pension to widows
of Mexican War veterans, was repealed by Pub. L. 94-169, title I,
Sec. 101(2)(F), Dec. 23, 1975, 89 Stat. 1014, effective Jan. 1,
1976.
-End-
-CITE-
38 USC Sec. 1532 01/06/03
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND CHILDREN
Wars Before World War I
-HEAD-
Sec. 1532. Surviving spouses of Civil War veterans
-STATUTE-
(a) The Secretary shall pay to the surviving spouse of each Civil
War veteran who met the service requirements of this section a
pension at the following monthly rate:
(1) $40.64 if such surviving spouse is below seventy years of
age; or
(2) $70 if such surviving spouse is seventy years of age or
older.
(b) If there is a child of the veteran, the rate of pension paid
to the surviving spouse under subsection (a) shall be increased by
$8.13 per month for each such child.
(c) A veteran met the service requirements of this section if
such veteran served for ninety days or more in the active military
or naval service during the Civil War, as heretofore defined under
public laws administered by the Veterans' Administration, or if
such veteran was discharged or released from such service upon a
surgeon's certificate of disability.
(d) No pension shall be paid to a surviving spouse of a veteran
under this section unless such surviving spouse was married to such
veteran -
(1) before June 27, 1905; or
(2) for one year or more; or
(3) for any period of time if a child was born of the marriage,
or was born to them before the marriage.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1137, Sec. 532; Pub. L.
90-77, title I, Secs. 101(a), 105, Aug. 31, 1967, 81 Stat. 178,
179; Pub. L. 94-169, title I, Sec. 106(20)-(23), Dec. 23, 1975, 89
Stat. 1018; Pub. L. 102-54, Sec. 14(b)(7), June 13, 1991, 105 Stat.
283; renumbered Sec. 1532 and amended Pub. L. 102-83, Secs.
4(a)(1), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 403-406;
Pub. L. 103-446, title XII, Sec. 1201(a)(2), Nov. 2, 1994, 108
Stat. 4682.)
-MISC1-
AMENDMENTS
1994 - Subsec. (c). Pub. L. 103-446 substituted "Veterans'
Administration" for "Secretary".
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 532 of this
title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator" in introductory provisions.
Pub. L. 102-54 substituted a period for semicolon at end of par.
(2) and struck out at end "unless such surviving spouse was the
spouse of the veteran during such veteran's service in the Civil
War, in which case the monthly rate shall be $75."
Subsec. (c). Pub. L. 102-83, Sec. 4(a)(1), substituted
"administered by the Secretary" for "administered by the Veterans'
Administration".
1975 - Pub. L. 94-169, Sec. 106(23), substituted "Surviving
spouses" for "Widows" in section catchline.
Subsec. (a). Pub. L. 94-169, Sec. 106(20), substituted "pay to
the surviving spouse" for "pay to the widow", "such surviving
spouse" for "she" wherever appearing, "was the spouse" for "was the
wife" and "such veteran's" for "his".
Subsec. (b). Pub. L. 94-169, Sec. 106(21), substituted "surviving
spouse" for "widow".
Subsec. (c). Pub. L. 94-169, Sec. 106(21), substituted "such
veteran" for "he" wherever appearing.
Subsec. (d). Pub. L. 94-169, Sec. 106(22), substituted "surviving
spouse", "such surviving spouse" and "such veteran" for "widow",
"she" and "him", respectively.
1967 - Subsec. (a)(2). Pub. L. 90-77, Sec. 105, substituted "$70"
for "$65".
Subsec. (d). Pub. L. 90-77, Sec. 101(a), qualified widow of a
veteran for a pension by reducing in par. (2) the requisite
marriage period from five years to one year and by making her
eligible for benefits in par. (3) in event of antenupital birth.
EFFECTIVE DATE OF 1975 AMENDMENT
Section 106 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
EFFECTIVE DATE OF 1967 AMENDMENT
Amendment by Pub. L. 90-77 effective first day of first calendar
month which begins more than ten days after Aug. 31, 1967, see
section 405 of Pub. L. 90-77, set out as a note under section 101
of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1533 of this title.
-End-
-CITE-
38 USC Sec. 1533 01/06/03
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND CHILDREN
Wars Before World War I
-HEAD-
Sec. 1533. Children of Civil War veterans
-STATUTE-
Whenever there is no surviving spouse entitled to pension under
section 1532 of this title, the Secretary shall pay to the children
of each Civil War veteran who met the service requirements of
section 1532 of this title a pension at the monthly rate of $73.13
for one child, plus $8.13 for each additional child, with the total
amount equally divided.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1137, Sec. 533; Pub. L.
94-169, title I, Sec. 106(25), Dec. 23, 1975, 89 Stat. 1018;
renumbered Sec. 1533 and amended Pub. L. 102-83, Secs. 4(b)(1),
(2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406.)
-MISC1-
AMENDMENTS
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 533 of this
title as this section.
Pub. L. 102-83, Sec. 5(c)(1), substituted "1532" for "532" in two
places.
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator".
1975 - Pub. L. 94-169 substituted "surviving spouse" for "widow".
EFFECTIVE DATE OF 1975 AMENDMENT
Section 106 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
-End-
-CITE-
38 USC Sec. 1534 01/06/03
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND CHILDREN
Wars Before World War I
-HEAD-
Sec. 1534. Surviving spouses of Indian War veterans
-STATUTE-
(a) The Secretary shall pay to the surviving spouse of each
Indian War veteran who met the service requirements of section 1511
of this title a pension at the following monthly rate:
(1) $40.64 if such surviving spouse is below seventy years of
age; or
(2) $70 if such surviving spouse is seventy years of age or
older.
(b) If there is a child of the veteran, the rate of pension paid
to the surviving spouse under subsection (a) shall be increased by
$8.13 per month for each such child.
(c) No pension shall be paid to a surviving spouse of a veteran
under this section unless such surviving spouse was married to such
veteran -
(1) before March 4, 1917; or
(2) for one year or more; or
(3) for any period of time if a child was born of the marriage,
or was born to them before the marriage.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1137, Sec. 534; Pub. L.
90-77, title I, Secs. 101(a), 105, Aug. 31, 1967, 81 Stat. 178,
179; Pub. L. 94-169, title I, Sec. 106(26)-(29), Dec. 23, 1975, 89
Stat. 1018; Pub. L. 102-54, Sec. 14(b)(7), June 13, 1991, 105 Stat.
283; renumbered Sec. 1534 and amended Pub. L. 102-83, Secs.
4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406.)
-MISC1-
AMENDMENTS
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 534 of this
title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "1511" for
"511" in introductory provisions.
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator" in introductory provisions.
Pub. L. 102-54 substituted a period for semicolon at end of par.
(2) and struck out at end "; unless such surviving spouse was the
spouse of the veteran during such veteran's service in one of the
Indian Wars, in which case the monthly rate shall be $75."
1975 - Pub. L. 94-169, Sec. 106(29), substituted "Surviving
spouses" for "Widows" in section catchline.
Subsec. (a). Pub. L. 94-169, Sec. 106(26), substituted "pay to a
surviving spouse" for "paid to a widow", "unless such surviving
spouse" for "she" wherever appearing, "was the spouse" for "was the
wife" and "such veteran's" for "his".
Subsec. (b). Pub. L. 94-169, Sec. 106(27), substituted "surviving
spouse" for "widow".
Subsec. (c). Pub. L. 94-169, Sec. 106(28), substituted "paid to a
surviving spouse" for "paid to a widow", "unless such surviving
spouse" for "unless she" and "such veteran" for "him".
1967 - Subsec. (a)(2). Pub. L. 90-77, Sec. 105, substituted "$70"
for "$65".
Subsec. (c). Pub. L. 90-77, Sec. 101(a), qualified widow of a
veteran for a pension by reducing in par. (2) the requisite
marriage period from five years to one year and by making her
eligible for benefits in par. (3) in event of antenuptial birth.
EFFECTIVE DATE OF 1975 AMENDMENT
Section 106 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
EFFECTIVE DATE OF 1967 AMENDMENT
Amendment by Pub. L. 90-77 effective first day of first calendar
month which begins more than ten days after Aug. 31, 1967, see
section 405 of Pub. L. 90-77, set out as a note under section 101
of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1535 of this title.
-End-
-CITE-
38 USC Sec. 1535 01/06/03
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND CHILDREN
Wars Before World War I
-HEAD-
Sec. 1535. Children of Indian War veterans
-STATUTE-
Whenever there is no surviving spouse entitled to pension under
section 1534 of this title, the Secretary shall pay to the children
of each Indian War veteran who met the service requirements of
section 1511 of this title a pension at the monthly rate of $73.13
for one child, plus $8.13 for each additional child, with the total
amount equally divided.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1137, Sec. 535; Pub. L.
94-169, title I, Sec. 106(31), Dec. 23, 1975, 89 Stat. 1018;
renumbered Sec. 1535 and amended Pub. L. 102-83, Secs. 4(b)(1),
(2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406.)
-MISC1-
AMENDMENTS
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 535 of this
title as this section.
Pub. L. 102-83, Sec. 5(c)(1), substituted "1534" for "534" and
"1511" for "511".
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator".
1975 - Pub. L. 94-169 substituted "surviving spouse" for "widow".
EFFECTIVE DATE OF 1975 AMENDMENT
Section 106 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
-End-
-CITE-
38 USC Sec. 1536 01/06/03
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND CHILDREN
Wars Before World War I
-HEAD-
Sec. 1536. Surviving spouses of Spanish-American War veterans
-STATUTE-
(a) The Secretary shall pay to the surviving spouse of each
Spanish-American War veteran who met the service requirements of
section 1512(a) of this title a pension at the monthly rate of $70,
unless such surviving spouse was the spouse of the veteran during
such veteran's service in the Spanish-American War, in which case
the monthly rate shall be $75.
(b) If there is a child of the veteran, the rate of pension paid
to the surviving spouse under subsection (a) shall be increased by
$8.13 per month for each such child.
(c) No pension shall be paid to a surviving spouse of a veteran
under this section unless such surviving spouse was married to such
veteran -
(1) before January 1, 1938; or
(2) for one year or more; or
(3) for any period of time if a child was born of the marriage,
or was born to them before the marriage.
(d)(1) Any surviving spouse eligible for pension under this
section shall, if such surviving spouse so elects, be paid pension
at the rates prescribed by section 1541 of this title, and under
the conditions (other than the service requirements) applicable to
pension paid under that section to surviving spouses of veterans of
a period of war. If pension is paid pursuant to such an election,
the election shall be irrevocable.
(2) The Secretary shall pay each month to the surviving spouse of
each Spanish-American War veteran who is receiving, or entitled to
receive, pension based on a need of regular aid and attendance,
whichever amount is greater (A) that which is payable to such
surviving spouse under subsections (a) and (b) of this section as
increased by section 544 (!1) of this title, as in effect on
December 31, 1978; or (B) that which is payable under section 1541
of this title, as in effect on December 31, 1978, as increased by
such section 544,(!1) as in effect on such date, to a surviving
spouse of a World War I veteran with the same annual income and
corpus of estate. Each change in the amount of pension required by
this paragraph shall be effective as of the first day of the month
during which the facts of the particular case warrant such change,
and shall be made without specific application therefor.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1138, Sec. 536; Pub. L.
90-77, title I, Secs. 101(a), 105, Aug. 31, 1967, 81 Stat. 178,
179; Pub. L. 92-328, title I, Sec. 107, June 30, 1972, 86 Stat.
395; Pub. L. 94-169, title I, Sec. 106(32)-(37), Dec. 23, 1975, 89
Stat. 1018, 1019; Pub. L. 95-588, title I, Sec. 108, Nov. 4, 1978,
92 Stat. 2502; renumbered Sec. 1536 and amended Pub. L. 102-83,
Secs. 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat.
404-406.)
-REFTEXT-
REFERENCES IN TEXT
Section 544 of this title, referred to in subsec. (d)(2), was
repealed by Pub. L. 95-588, title I, Sec. 112(a)(1), Nov. 4, 1978,
92 Stat. 2505, eff. Jan. 1, 1979.
-MISC1-
AMENDMENTS
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 536 of this
title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "1512(a)"
for "512(a)".
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator".
Subsec. (d). Pub. L. 102-83, Sec. 5(c)(1), substituted "1541" for
"541" in pars. (1) and (2).
Subsec. (d)(2). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator".
1978 - Subsec. (d)(1). Pub. L. 95-588, Sec. 108(1), substituted
"a period of war" for "World War I", and struck out ", except as
provided in paragraph (2)" after "irrevocable".
Subsec. (d)(2). Pub. L. 95-588, Sec. 108(2), inserted ", as in
effect on December 31, 1978" after "of this title" in two places,
and "as in effect on such date" after "such section 544".
1975 - Pub. L. 94-169, Sec. 106(37), substituted "Surviving
spouses" for "Widows" in section catchline.
Subsec. (a). Pub. L. 94-169, Sec. 106(32), substituted "pay to
the surviving spouse" for "pay to the widow", "unless such
surviving spouse" for "unless she", "the spouse" for "the wife" and
"such veteran's" for "his".
Subsec. (b). Pub. L. 94-169, Sec. 106(33), substituted "surviving
spouse" for "widow".
Subsec. (c). Pub. L. 94-169, Sec. 106(33), substituted "paid to a
surviving spouse" for "paid to a widow", "unless such surviving
spouse" for "unless she" and "such veteran" for "him".
Subsec. (d)(1). Pub. L. 94-169, Sec. 106(34), substituted "Any
surviving spouse" for "Any widow", "if such surviving spouse" for
"if she" and "surviving spouses" for "widows".
Subsec. (d)(2). Pub. L. 94-169, Sec. 106(35), (36), substituted
"surviving spouse" for "widow" wherever appearing, and "such
surviving spouse" for "her".
1972 - Subsec. (d). Pub. L. 92-328 added subsec. (d).
1967 - Subsec. (a). Pub. L. 90-77, Sec. 105, substituted "$70"
for "$65".
Subsec. (c). Pub. L. 90-77, Sec. 101(a), qualified widow of a
veteran for a pension by reducing in par. (2) the requisite
marriage period from five years to one year and by making her
eligible for benefits in par. (3) in event of antenuptial birth.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section
401 of Pub. L. 95-588, set out as a note under section 101 of this
title.
EFFECTIVE DATE OF 1975 AMENDMENT
Section 106 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
EFFECTIVE DATE OF 1972 AMENDMENT
Amendment by Pub. L. 92-328 effective first day of second
calendar month which begins after June 30, 1972, see section 301(a)
of Pub. L. 92-328, set out as a note under section 1114 of this
title.
EFFECTIVE DATE OF 1967 AMENDMENT
Amendment by Pub. L. 90-77 effective first day of first calendar
month which begins more than ten days after Aug. 31, 1967, see
section 405 of Pub. L. 90-77, set out as a note under section 101
of this title.
INCREASE IN AID AND ATTENDANCE RATES FOR VETERANS ELIGIBLE FOR
PENSION
Maximum annual pension rates under subsec. (d)(2) of this section
increased by $600, effective Oct. 1, 1998, see section 8206 of Pub.
L. 105-178, set out as a note under section 1521 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1537 of this title.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
38 USC Sec. 1537 01/06/03
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND CHILDREN
Wars Before World War I
-HEAD-
Sec. 1537. Children of Spanish-American War veterans
-STATUTE-
Whenever there is no surviving spouse entitled to pension under
section 1536 of this title, the Secretary shall pay to the children
of each Spanish-American War veteran who met the service
requirements of section 1512(a) of this title a pension at the
monthly rate of $73.13 for one child, plus $8.13 for each
additional child, with the total amount equally divided.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1138, Sec. 537; Pub. L.
94-169, title I, Sec. 106(39), Dec. 23, 1975, 89 Stat. 1019;
renumbered Sec. 1537 and amended Pub. L. 102-83, Secs. 4(b)(1),
(2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406.)
-MISC1-
AMENDMENTS
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 537 of this
title as this section.
Pub. L. 102-83, Sec. 5(c)(1), substituted "1536" for "536" and
"1512(a)" for "512(a)".
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator".
1975 - Pub. L. 94-169 substituted "surviving spouse" for "widow".
EFFECTIVE DATE OF 1975 AMENDMENT
Section 106 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
-End-
-CITE-
38 USC Other Periods of War 01/06/03
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND CHILDREN
Other Periods of War
-HEAD-
OTHER PERIODS OF WAR
-MISC1-
AMENDMENTS
1991 - Pub. L. 102-25, title III, Sec. 333(c)(1), Apr. 6, 1991,
105 Stat. 88, substituted "Other Periods of War" for "Mexican
Border Period, World War I, World War II, The Korean Conflict, and
The Vietnam Era" as subheading.
1970 - Pub. L. 91-588, Sec. 9(d)(3), Dec. 24, 1970, 84 Stat.
1585, inserted reference to Mexican border period in subheading.
1967 - Pub. L. 90-77, title III, Sec. 202(j), Aug. 31, 1967, 81
Stat. 183, inserted reference to Vietnam era in subheading.
-End-
-CITE-
38 USC Sec. 1541 01/06/03
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND CHILDREN
Other Periods of War
-HEAD-
Sec. 1541. Surviving spouses of veterans of a period of war
-STATUTE-
(a) The Secretary shall pay to the surviving spouse of each
veteran of a period of war who met the service requirements
prescribed in section 1521(j) of this title, or who at the time of
death was receiving (or entitled to receive) compensation or
retirement pay for a service-connected disability, pension at the
rate prescribed by this section, as increased from time to time
under section 5312 of this title.
(b) If no child of the veteran is in the custody of the surviving
spouse, pension shall be paid to the surviving spouse at the annual
rate of $2,379, reduced by the amount of the surviving spouse's
annual income.
(c) If there is a child of the veteran in the custody of the
surviving spouse, pension shall be paid to the surviving spouse at
the annual rate of $3,116. If the surviving spouse has custody of
two or more such children, the annual pension rate shall be
increased by $600 for each such child in excess of one. In each
case, the rate payable shall be reduced by the amount of the
surviving spouse's annual income and, subject to subsection (g) of
this section, the annual income of each such child.
(d)(1) If a surviving spouse who is entitled to pension under
subsection (b) of this section is in need of regular aid and
attendance, the annual rate of pension payable to such surviving
spouse shall be $3,806, reduced by the amount of the surviving
spouse's annual income.
(2) If a surviving spouse who is entitled to pension under
subsection (c) of this section is in need of regular aid and
attendance, the annual rate of pension payable to the surviving
spouse shall be $4,543. If there are two or more children of the
veteran in such surviving spouse's custody, the annual rate of
pension shall be increased by $600 for each such child in excess of
one. The rate payable shall be reduced by the amount of the
surviving spouse's annual income and, subject to subsection (g) of
this section, the annual income of each such child.
(e)(1) If the surviving spouse is permanently housebound but does
not qualify for pension at the aid and attendance rate provided by
subsection (d) of this section, the annual rate of pension payable
to such surviving spouse under subsection (b) of this section shall
be $2,908 and the annual rate of pension payable to such surviving
spouse under subsection (c) of this section shall be $3,645. If
there are two or more children of the veteran in such surviving
spouse's custody, the annual rate of pension shall be increased by
$600 for each such child in excess of one. The rate payable shall
be reduced by the amount of the surviving spouse's annual income
and, subject to subsection (g) of this section, the income of any
child of the veteran for whom the surviving spouse is receiving
increased pension.
(2) For purposes of paragraph (1) of this subsection, the
requirement of "permanently housebound" shall be met when the
surviving spouse is substantially confined to such surviving
spouse's house (ward or clinical areas, if institutionalized) or
immediate premises by reason of a disability or disabilities
reasonably certain to remain throughout such surviving spouse's
lifetime.
(f) No pension shall be paid under this section to a surviving
spouse of a veteran unless the spouse was married to the veteran -
(1) before (A) December 14, 1944, in the case of a surviving
spouse of a Mexican border period or World War I veteran, (B)
January 1, 1957, in the case of a surviving spouse of a World War
II veteran, (C) February 1, 1965, in the case of a surviving
spouse of a Korean conflict veteran, (D) May 8, 1985, in the case
of a surviving spouse of a Vietnam era veteran, or (E) January 1,
2001, in the case of a surviving spouse of a veteran of the
Persian Gulf War;
(2) for one year or more; or
(3) for any period of time if a child was born of the marriage,
or was born to them before the marriage.
(g) In determining the annual income of a surviving spouse for
the purposes of this section, if there is a child of the veteran in
the custody of the surviving spouse, that portion of the annual
income of the child that is reasonably available to or for the
surviving spouse shall be considered to be income of the surviving
spouse, unless in the judgment of the Secretary to do so would work
a hardship on the surviving spouse.
(h) As used in this section and section 1542 of this title, the
term "veteran" includes a person who has completed at least two
years of honorable active military, naval, or air service, as
certified by the Secretary concerned, but whose death in such
service was not in line of duty.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1138, Sec. 541; Pub. L.
86-211, Sec. 4, Aug. 29, 1959, 73 Stat. 434; Pub. L. 88-664, Sec.
3(c), (d), Oct. 13, 1964, 78 Stat. 1095; Pub. L. 90-77, title I,
Secs. 101(a), 106, title II, Sec. 202(d)-(f), Aug. 31, 1967, 81
Stat. 178, 179, 182; Pub. L. 90-275, Sec. 1(c), (d), Mar. 28, 1968,
82 Stat. 65, 66; Pub. L. 91-588, Secs. 1(c), (d), 9(d), Dec. 24,
1970, 84 Stat. 1581, 1584; Pub. L. 92-198, Sec. 1(c)-(e), Dec. 15,
1971, 85 Stat. 663, 664; Pub. L. 93-177, Sec. 1(c), (d), 2, Dec. 6,
1973, 87 Stat. 695; Pub. L. 93-527, Sec. 3, Dec. 21, 1974, 88 Stat.
1703; Pub. L. 94-169, title I, Secs. 101(2)(B), (C), (H), 103,
106(40), Dec. 23, 1975, 89 Stat. 1013, 1014, 1016, 1019; Pub. L.
94-432, title II, Sec. 203, Sept. 30, 1976, 90 Stat. 1370; Pub. L.
95-204, title I, Sec. 102, Dec. 2, 1977, 91 Stat. 1456; Pub. L.
95-588, title I, Sec. 109(a), Nov. 4, 1978, 92 Stat. 2503; Pub. L.
102-25, title III, Sec. 333(b), Apr. 6, 1991, 105 Stat. 88; Pub. L.
102-40, title IV, Sec. 402(d)(1), May 7, 1991, 105 Stat. 239;
renumbered Sec. 1541 and amended Pub. L. 102-83, Secs. 4(b)(1),
(2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404-406.)
-MISC1-
AMENDMENTS
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 541 of this
title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "1521(j)"
for "521(j)".
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator".
Pub. L. 102-40 substituted "5312" for "3112".
Subsec. (f)(1)(E). Pub. L. 102-25 added cl. (E).
Subsec. (g). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator".
Subsec. (h). Pub. L. 102-83, Sec. 5(c)(1), substituted "1542" for
"542".
1978 - Subsec. (a). Pub. L. 95-588 revised eligibility provisions
relating to surviving spouses to apply to veterans of any period of
war rather than veterans of specifically named wars and inserted
reference to periodic increases of rate of pension payments
pursuant to section 3112 of this title.
Subsec. (b). Pub. L. 95-588 qualified parental requirement of
this subsection by inserting custody provision, substituted a fixed
pension amount of $2,379 for a formula for determining such annual
pension based upon annual income of the veteran, and struck out
minimum and maximum monthly payment requirements.
Subsec. (c). Pub. L. 95-588 qualified parental requirement of
this subsection by inserting custody provision, substituted a fixed
pension amount of $3,116 for a formula for determining such annual
pension based upon annual income of the veteran, and inserted a
provision authorizing an annual pension rate increase of $600 for
each family member of an eligible veteran in excess of one.
Subsec. (d). Pub. L. 95-588 substituted provisions prescribing a
fixed amount of $3,806, as reduced by an annual income deduction,
as the annual rate of pension payable to a surviving spouse
entitled to a pension under subsec. (b) of this section and in need
of regular aid and attendance and a fixed amount of $4,543, subject
to a similar deduction for income of spouse and child, as the
annual rate of pension payable to a surviving spouse entitled to a
pension under subsec. (c) of this section and in need of such aid
for provision prescribing the monthly rate of pension payable under
subsec. (c) of this section where there is a surviving spouse and
more than one child.
Subsec. (e). Pub. L. 95-588 substituted provisions relating to a
surviving spouse who is permanently housebound for provisions
specifying the eligibility requirements for such surviving spouses.
Subsec. (f). Pub. L. 95-588 substituted provisions specifying the
eligibility requirements for surviving spouses for provision
defining "veteran".
Subsecs. (g), (h). Pub. L. 95-588 added subsecs. (g) and (h).
1977 - Subsec. (b)(1). Pub. L. 95-204, Sec. 102(1), increased
monthly rate of pension from $125 to $133, inserted authorization
for reductions by .07 for amounts more than 2,800 but not more than
3,770, and substituted "1,100" for "1,200" in two places, "1,800"
for "2,300" in two places, and "2,800" for "3,540".
Subsec. (b)(3). Pub. L. 95-204, Sec. 102(2), substituted "$3,770"
for "$3,540".
Subsec. (c)(1). Pub. L. 95-204, Sec. 102(3), increased monthly
rate of pension from $149 to $159, and substituted "1,600" for
"1,700" in two places, "2,400" for "2,500" in two places, "2,900"
for "3,300" in two places, and "5,070" for "4,760".
Subsec. (c)(2). Pub. L. 95-204, Sec. 102(4), substituted "$5,070"
for "$4,760".
Subsec. (d). Pub. L. 95-204, Sec. 102(5), substituted "$26" for
"$24".
1976 - Subsec. (b)(1). Pub. L. 94-432, Sec. 203(1), increased
monthly rate of pension from $117 to $125 and substituted $900 to
$1,200 for $900 to $1,500, $1,200 to $2,300 for $1,500 to $2,700
and $2,300 to $3,540 for $2,700 to $3,300.
Subsec. (b)(3). Pub. L. 94-432, Sec. 203(2), substituted "$3,540"
for "$3,300".
Subsec. (c)(1). Pub. L. 94-432, Sec. 203(3), increased monthly
rate of pension from $139 to $149 and substituted $1,100 to $1,700
for $1,100 to $1,800, $1,700 to $2,500 for $1,800 to $2,700, $2,500
to $3,300 for $2,700 to $3,500 and $3,300 to $4,760 for $3,500 to
$4,500.
Subsec. (c)(2). Pub. L. 94-432, Sec. 203(4), substituted "$4,760"
for "$4,500".
Subsec. (d). Pub. L. 94-432, Sec. 203(5), substituted "$24" for
"$22".
1975 - Pub. L. 94-169, Sec. 101(2)(H), substituted "Surviving
Spouses" for "Widows" in section catchline.
Subsec. (a). Pub. L. 94-169, Sec. 101(2)(B), substituted
"surviving spouse" for "widow" and struck out "his" before "death".
Subsec. (b). Pub. L. 94-169, Sec. 103(1), increased, effective
for period beginning Jan. 1, 1976, and ending Sept. 30, 1976,
monthly rate of pension from $108 to $117, substituted $900 to
$1500 for $900 to $2100, $1500 to $2700 for $2100 to $3000 the
minimum and maximum income ranges for which the pension rates will
be reduced by 4 and 5 cents per dollar, respectively, inserted
income range of $2700 to $3300 for which the pension rate will be
reduced by 6 cents, and increased from $3000 to $3300 the maximum
income in excess of which no pension will be paid.
Subsec. (c). Pub. L. 94-169, Sec. 103(1), increased, effective
for period beginning Jan. 1, 1976, and ending Sept. 30, 1976,
pension rate from $128 to $139, substituted $1100 to $1800 for
$1100 to $2100, $1800 to $2700 for $2100 to $3000, $2700 to $3500
for $3000 to $4200 the minimum and maximum income ranges for which
the pension rates will be reduced by 2, 3 and 4 cents per dollar,
respectively, inserted income range of $3500 to $4500 for which the
rate will be reduced by 5 cents, and increased the maximum income
from $4200 to $4500 in excess of which no pension will be paid.
Subsec. (d). Pub. L. 94-169, Sec. 103(2), substituted, effective
for period beginning Jan. 1, 1976, and ending Sept. 30, 1976,
"surviving spouse" for "widow" and "$22" for "$20".
Subsec. (e). Pub. L. 94-169, Sec. 101(2)(C), substituted "to a
surviving spouse of a veteran under this section unless the spouse
was married to the veteran" for "to a widow of a veteran under this
section unless she was married to him", and "(D) May 8, 1985, in
the case of a surviving spouse of a Vietnam era veteran" for "(D)
before the expiration of ten years following termination of the
Vietnam era in the case of a widow of a Vietnam era veteran".
Subsec. (e)(1). Pub. L. 94-169, Sec. 106(40), substituted
"surviving spouse" for "widow" in subcls. (A), (B) and (C).
1974 - Subsec. (b). Pub. L. 93-527, Sec. 3(1), substituted "$108"
for "$96", "$900" for "$1400" wherever appearing, and "$2100" for
"$2600", and inserted provisions for reduction by 5 cents for each
dollar of annual income in excess of $2100 up to and including
$3000, that in no event shall monthly rate of pension be less than
$5.00, and raising the maximum income from $2600 to $3000.
Subsec. (c). Pub. L. 93-527, Sec. 3(2), substituted "$128" for
"$114", and "$2100" for "$2500" wherever appearing, "$3000" for
"$3400" wherever appearing, and "$4200" for "$3800" wherever
appearing.
Subsec. (d). Pub. L. 93-527, Sec. 3(3), substituted "$20" for
"$18".
Subsec. (f). Pub. L. 93-527, Sec. 3(4), added subsec. (f).
1973 - Subsec. (b). Pub. L. 93-177, Sec. 1(c), substituted "$86"
for "$87" and "$1,400" for "$1,900".
Subsec. (c). Pub. L. 93-177, Sec. 1(d), substituted "$700" for
"$600", "$114" for "$104", "$1,100" for "$1,400", "$2,500" for
"$2,700", and "$3,400" for "$3,800" in existing provisions and
inserted provision for a reduction of 4 cents in monthly rate for
each $1 of annual income in excess of $3,400 up to and including
$3,800.
Subsec. (d). Pub. L. 93-177, Sec. 2, substituted "$18" for "$17".
1971 - Subsec. (b). Pub. L. 92-198, Sec. 1(c), substituted
formula for computing monthly pension rates of widow without child
by providing for a maximum monthly pension for each group within
designated income category and for computing each individual's
monthly pension by reducing the maximum rate by a specified number
of cents for each dollar by which the minimum income limitation for
that group is exceeded, for table setting out income and pension
rates, and raised the maximum income from $2,300 to $2,600.
Subsec. (c). Pub. L. 92-198, Sec. 1(d), substituted formula for
computing monthly pension rates of widow with one child by
providing for a maximum monthly pension for each group with
designated annual income category and for computing each
individual's monthly benefit rate by reducing the maximum rate by a
specified number of cents for each dollar by which the minimum
income limitation for that group is exceeded, for table setting out
income and pension rates, and further providing that whenever the
monthly rate payable is less than the amount payable to the child
under section 542 of this title, the widow would be paid at the
child's rate, and raised the maximum income from $3,500 to $3,800.
Subsec. (d). Pub. L. 92-198, Sec. 1(e), substituted "$17" for
"$16".
1970 - Pub. L. 91-588, Sec. 9(d)(3), inserted reference to
Mexican border period in section catchline.
Subsec. (a). Pub. L. 91-588, Sec. 9(d)(1), inserted reference to
Mexican border period.
Subsec. (b). Pub. L. 91-588, Sec. 1(c), provided new annual
income limits to measure monthly pension rates of widow without
child by inserting minimum income limits of $2,000, $2,100, and
$2,200 with maximum limits of $2,100, $2,200, and $2,300 for
monthly benefits of $29, $23, and $17, respectively, and within
existing annual income limits from a maximum of $300 to a maximum
of $2,000, as well as the in-between limits set out in one-hundred
dollar increments, the applicable monthly benefit for each limit
was amended, respectively, by substituting in column II "$81" for
"$74", "80" for "73", "79" for "72", "78" for "70", "76" for "67",
"73" for "64", "70" for "61", "67" for "58", "64" for "55", "61"
for "51", "58" for "48", "55" for "45", "51" for "41", "48" for
"37", "45" for "33", "41" for "29", "37" for "23", and "33" for
"17".
Subsec. (c). Pub. L. 91-588, Sec. 1(d), provided new annual
income limits to measure monthly pension rates of widow with one
child by inserting minimum income limits of $3,200, $3,300, and
$3,400 with maximum limits of $3,300, $3,400, and $3,500 for
monthly benefits of $45, $43, and $41, respectively, and within
existing annual income limits from a maximum of $600 to a maximum
of $3,200, as well as the in-between limits set out in one-hundred
dollar increments, the applicable monthly benefit for each limit
was amended, respectively, by substituting in column II "$99" for
"$90", "98" for "89", "97" for "88", "96" for "87", "95" for "86",
"94" for "85", "92" for "83", "90" for "81", "88" for "79", "86"
for "77", "84" for "75", "82" for "73", "80" for "71", "78" for
"69", "76" for "67", "74" for "65", "72" for "63", "70" for "61",
"68" for "59", "66" for "57", "64" for "55", "62" for "53", "59"
for "51", "56" for "48", "53" for "45", "51" for "43", and "48" for
"41".
Subsec. (e)(1). Pub. L. 91-588, Sec. 9(d)(2), inserted reference
to Mexican border period.
1968 - Subsec. (b). Pub. L. 90-275, Sec. 1(c), in providing new
annual income limits to measure monthly pension rates of widow
without child, substituted minimum income limit of $300 for monthly
benefit of $74 for former $600 limit for monthly benefit of $70,
maximum income limit of $2,000 for monthly benefit of $17 for
former $1,800 limit for monthly benefit of $29, and sixteen other
in-between limits in one hundred dollar increments from more than
$300 to less than $1,900 for monthly benefits of $73 to $23 for
former in-between limit of more than $600 but less than $1,200 for
monthly benefit of $51.
Subsec. (c). Pub. L. 90-275, Sec. 1(d), in providing new annual
income limits to measure monthly pension rates of widow with one
child, substituted minimum income limit of $600 for monthly benefit
of $90 for former $1,000 limit for monthly benefit of $86, maximum
income limit of $3,200 for monthly benefit of $41 for former $3,000
limit for monthly benefit of $45, and twenty-five other in-between
limits in one hundred dollar increments from more than $600 to less
than $3,100 for monthly benefits of $89 to $43 for former
in-between limit of more than $1,000 but less than $2,000 for
monthly benefit of $67.
1967 - Pub. L. 90-77, Sec. 202(f), inserted reference to Vietnam
era in section catchline.
Subsec. (a). Pub. L. 90-77, Sec. 202(d), inserted reference to
Vietnam era.
Subsec. (b). Pub. L. 90-77, Sec. 106(a), increased monthly
pension rate in column II from $64, $48, and $27 to $70, $51, and
$29, respectively.
Subsec. (c). Pub. L. 90-77, Sec. 106(b), increased monthly
pension rate in column II from $80, $64, and $43 to $86, $67, and
$45, respectively.
Subsec. (d). Pub. L. 90-77, Sec. 106(c), substituted "$16" for
"$15".
Subsec. (e)(1). Pub. L. 90-77, Sec. 202(e), added item (D).
Subsec. (e)(2), (3). Pub. L. 90-77, Sec. 101(a), qualified widow
of a veteran for a pension by reducing in par. (2) the requisite
marriage period from five years to one year and by making her
eligible for benefits in par. (3) in event of antenuptial birth.
1964 - Subsec. (b). Pub. L. 88-664, Sec. 3(c), increased monthly
pension rate in column II from $60, $45, and $25 to $64, $48, and
$27, respectively.
Subsec. (c). Pub. L. 88-664, Sec. 3(d), increased monthly pension
rate in column II from $75, $60, and $40 to $80, $64, and $43,
respectively.
1959 - Pub. L. 86-211 included widows of World War II and Korean
conflict veterans in section catchline.
Subsec. (a). Pub. L. 86-211 included widows of World War II and
Korean conflict veterans, and struck out provisions which
authorized payment of a monthly pension of $50.40 to a widow with
no child and $63 to a widow with one child, with $7.56 for each
additional child. See subsecs. (b) to (d) of this section.
Subsecs. (b) to (e). Pub. L. 86-211 added subsecs. (b) to (d),
redesignated former subsec. (b) as (e), and inserted provisions
relating to the date by which a widow was required to be married to
a veteran of World War II or the Korean conflict.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section
401 of Pub. L. 95-588, set out as a note under section 101 of this
title.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95-204 effective Jan. 1, 1978, see section
302 of Pub. L. 95-204, set out as a note under section 1122 of this
title.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94-432 effective Jan. 1, 1977, see section
405(b) of Pub. L. 94-432, set out as a note under section 1521 of
this title.
EFFECTIVE DATE OF 1975 AMENDMENT
Sections 101 and 106 of Pub. L. 94-169 provided that the
amendments made by those sections are effective Jan. 1, 1976.
Section 103 of Pub. L. 94-169, as amended by section 101 of Pub.
L. 94-432, eff. Sept. 30, 1976, provided that the amendment made by
that section is effective Jan. 1, 1976.
EFFECTIVE DATE OF 1974 AMENDMENT
Amendment by Pub. L. 93-527 effective Jan. 1, 1975, see section
10 of Pub. L. 93-527, set out as a note under section 1521 of this
title.
EFFECTIVE DATE OF 1973 AMENDMENT
Amendment by Pub. L. 93-177 effective Jan. 1, 1974, see section 8
of Pub. L. 93-177, set out as a note under section 1521 of this
title.
EFFECTIVE DATE OF 1971 AMENDMENT
Amendment by Pub. L. 92-198 effective Jan. 1, 1972, see section 6
of Pub. L. 92-198, set out as a note under section 1521 of this
title.
EFFECTIVE DATE OF 1970 AMENDMENT
Amendment by Pub. L. 91-588 effective Jan. 1, 1971, see section
10(a) of Pub. L. 91-588, set out as a note under section 1521 of
this title.
EFFECTIVE DATE OF 1968 AMENDMENT
Amendment Pub. L. 90-275 effective Jan. 1, 1969, see section 6(a)
of Pub. L. 90-275, set out as a note under section 1521 of this
title.
EFFECTIVE DATE OF 1967 AMENDMENT
Amendment by Pub. L. 90-77 effective first day of first calendar
month which begins more than ten days after Aug. 31, 1967, see
section 405 of Pub. L. 90-77, set out as a note under section 101
of this title.
EFFECTIVE DATE OF 1964 AMENDMENT
Amendment by Pub. L. 88-664 effective Jan. 1, 1965, see section
11 of Pub. L. 88-664, set out as a note under section 1503 of this
title.
EFFECTIVE DATE OF 1959 AMENDMENT
Amendment by Pub. L. 86-211 effective July 1, 1960, see section
10 of Pub. L. 86-211, set out as a note under section 1521 of this
title.
PENSION, DEPENDENCY, AND INDEMNITY COMPENSATION; RELATION TO SOCIAL
SECURITY AMENDMENTS OF 1967
Payments for balance of calendar year 1968 and calendar year
1969, calendar year 1970, and during each successive calendar year
at prescribed monthly rates when payments would be less under this
title as a result of increase in monthly insurance benefits
provided by Social Security Amendments of 1967, see section 3 of
Pub. L. 90-275, set out as a note under section 1521 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1506, 1508, 1536, 1542,
1543, 5123, 5304, 5312 of this title; title 42 section 8624.
-End-
-CITE-
38 USC Sec. 1542 01/06/03
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND CHILDREN
Other Periods of War
-HEAD-
Sec. 1542. Children of veterans of a period of war
-STATUTE-
The Secretary shall pay to each child (1) who is the child of a
deceased veteran of a period of war who met the service
requirements prescribed in section 1521(j) of this title, or who at
the time of death was receiving (or entitled to receive)
compensation or retirement pay for a service-connected disability,
and (2) who is not in the custody of a surviving spouse eligible
for pension under section 1541 of this title, pension at the annual
rate of $600, as increased from time to time under section 5312 of
this title and reduced by the amount of such child's annual income;
or, if such child is residing with a person who is legally
responsible for such child's support, at an annual rate equal to
the amount by which the appropriate annual rate provided under
section 1541(c) of this title exceeds the sum of the annual income
of such child and such person, but in no event may such annual rate
of pension exceed the amount by which $600, as increased from time
to time under section 5312 of this title, exceeds the annual income
of such child. The appropriate annual rate under such section
1541(c) for the purposes of the preceding sentence shall be
determined in accordance with regulations which the Secretary shall
prescribe.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1138, Sec. 542; Pub. L.
86-211, Sec. 4, Aug. 29, 1959, 73 Stat. 435; Pub. L. 88-664, Sec.
4, Oct. 13, 1964, 78 Stat. 1095; Pub. L. 90-77, title I, Sec. 107,
title II, Sec. 202(g), (h), Aug. 31, 1967, 81 Stat. 180, 182; Pub.
L. 91-588, Secs. 3(c), 9(e), Dec. 24, 1970, 84 Stat. 1583, 1585;
Pub. L. 92-198, Sec. 1(f), Dec. 15, 1971, 85 Stat. 664; Pub. L.
93-177, Sec. 3, Dec. 6, 1973, 87 Stat. 695; Pub. L. 93-527, Sec. 4,
Dec. 21, 1974, 88 Stat. 1703; Pub. L. 94-169, title I, Secs.
101(2)(D), 104, Dec. 23, 1975, 89 Stat. 1014, 1016; Pub. L. 94-432,
title II, Sec. 204, Sept. 30, 1976, 90 Stat. 1371; Pub. L. 95-204,
title I, Sec. 103, Dec. 2, 1977, 91 Stat. 1457; Pub. L. 95-588,
title I, Sec. 110(a), Nov. 4, 1978, 92 Stat. 2504; Pub. L. 102-40,
title IV, Sec. 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered
Sec. 1542 and amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a),
(c)(1), Aug. 6, 1991, 105 Stat. 404-406.)
-MISC1-
AMENDMENTS
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 542 of this
title as this section.
Pub. L. 102-83, Sec. 5(c)(1), substituted "1521(j)" for "521(j)",
"1541" for "541", and "1541(c)" for "541(c)" in two places.
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator" in two places.
Pub. L. 102-40 substituted "5312" for "3112" in two places.
1978 - Pub. L. 95-588 amended section generally to speak in terms
of children of veterans of any period of war rather than children
of veterans of specifically named conflicts, restructured section
to eliminate subsection designations, struck out provision formerly
comprising subsec. (b) of this section which related to payment of
pensions to recipient children in equal shares, and inserted
reference to periodic pension increases pursuant to section 3112 of
this title.
1977 - Subsec. (a). Pub. L. 95-204, Sec. 103(1), substituted
"$61" and "$26" for "$57" and "$24", respectively.
Subsec. (c). Pub. L. 95-204, Sec. 103(2), substituted "$3,080"
for "$2,890".
1976 - Subsec. (a). Pub. L. 94-432, Sec. 204(1), substituted
"$57" and "$24" for "$53" and "$22", respectively.
Subsec. (c). Pub. L. 94-432, Sec. 204(2), substituted "$2,890"
for "$2,700".
1975 - Subsec. (a). Pub. L. 94-169, Secs. 101(2)(D), 104(1),
substituted "surviving spouse" for "widow", struck out "his" before
"death," and, effective for period beginning Jan. 1, 1976, and
ending Sept. 30, 1976, substituted "$53" for "$49" and "$22" for
"$20".
Subsec. (c). Pub. L. 94-169, Sec. 104, substituted, effective for
period beginning Jan. 1, 1976, and ending Sept. 30, 1976, "$2700"
for "$2400".
1974 - Subsec. (a). Pub. L. 93-527, Sec. 4(1), substituted "$49"
and "$20" for "$44" and "$18" respectively.
Subsec. (c). Pub. L. 93-527, Sec. 4(2), substituted "$2,400" for
"$2,000".
1973 - Subsec. (a). Pub. L. 93-177 substituted "$44" for "$42"
and "$18" for "$17".
1971 - Subsec. (a). Pub. L. 92-198 substituted "$42" and "$17"
for "$40" and "$16" respectively.
1970 - Pub. L. 91-588, Sec. 9(e)(2), inserted reference to
Mexican border period in section catchline.
Subsec. (a). Pub. L. 91-588, Sec. 9(e)(1), inserted reference to
Mexican border period.
Subsec. (c). Pub. L. 91-588, Sec. 3(c), substituted "$2,000" for
"$1,800".
1967 - Pub. L. 90-77, Sec. 202(h), inserted reference to Vietnam
era in section catchline.
Subsec. (a). Pub. L. 90-77, Secs. 107, 202(g), substituted "$40"
and "$16" for "$38" and "$15" and included reference to Vietnam
era, respectively.
1964 - Subsec. (a). Pub. L. 88-664 increased monthly pension for
one child from $35 to $38.
1959 - Pub. L. 86-211 included children of World War II and
Korean conflict veterans in section catchline.
Subsec. (a). Pub. L. 86-211 included children of World War II and
Korean conflict veterans, and substituted provisions authorizing
the payment of a monthly pension of $35 for one child with $15 for
each additional child for provisions which authorized the payment
of $27.30 for one child, $40.95 for two children, $54.60 for three
children and $7.56 for each additional child.
Subsec. (c). Pub. L. 86-211 added subsec. (c).
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section
401 of Pub. L. 95-588, set out as a note under section 101 of this
title.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95-204 effective Jan. 1, 1978, see section
302 of Pub. L. 95-204, set out as a note under section 1122 of this
title.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by Pub. L. 94-432 effective Jan. 1, 1977, see section
405(b) of Pub. L. 94-432, set out as a note under section 1521 of
this title.
EFFECTIVE DATE OF 1975 AMENDMENT
Section 101 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
Section 104 of Pub. L. 94-169, as amended by section 101 of Pub.
L. 94-432, eff. Sept. 30, 1976, provided that the amendment made by
that section is effective Jan. 1, 1976.
EFFECTIVE DATE OF 1974 AMENDMENT
Amendment by Pub. L. 93-527 effective Jan. 1, 1975, see section
10 of Pub. L. 93-527, set out as a note under section 1521 of this
title.
EFFECTIVE DATE OF 1973 AMENDMENT
Amendment by Pub. L. 93-177 effective Jan. 1, 1974, see section 8
of Pub. L. 93-177, set out as a note under section 1521 of this
title.
EFFECTIVE DATE OF 1971 AMENDMENT
Amendment by Pub. L. 92-198 effective Jan. 1, 1972, see section 6
of Pub. L. 92-198, set out as a note under section 1521 of this
title.
EFFECTIVE DATE OF 1970 AMENDMENT
Amendment by Pub. L. 91-588 effective Jan. 1, 1971, see section
10(a) of Pub. L. 91-588, set out as a note under section 1521 of
this title.
EFFECTIVE DATE OF 1967 AMENDMENT
Amendment by Pub. L. 90-77 effective first day of first calendar
month which begins more than ten days after Aug. 31, 1967, see
section 405 of Pub. L. 90-77, set out as a note under section 101
of this title.
EFFECTIVE DATE OF 1964 AMENDMENT
Amendment by Pub. L. 88-664 effective Jan. 1, 1965, see section
11 of Pub. L. 88-664, set out as a note under section 1503 of this
title.
EFFECTIVE DATE OF 1959 AMENDMENT
Amendment by Pub. L. 86-211 effective July 1, 1960, see section
10 of Pub. L. 86-211, set out as a note under section 1521 of this
title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1506, 1508, 1541, 1543,
5123, 5312 of this title; title 42 section 8624.
-End-
-CITE-
38 USC Sec. 1543 01/06/03
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND CHILDREN
Other Periods of War
-HEAD-
Sec. 1543. Net worth limitation
-STATUTE-
(a)(1) The Secretary shall deny or discontinue payment of pension
to a surviving spouse under section 1541 of this title when the
corpus of the estate of the surviving spouse is such that under all
the circumstances, including consideration of the income of the
surviving spouse and the income of any child from whom the
surviving spouse is receiving increased pension, it is reasonable
that some part of the corpus of such estate be consumed for the
surviving spouse's maintenance.
(2) The Secretary shall deny or discontinue the payment of
increased pension under subsection (c), (d), or (e) of section 1541
of this title on account of a child when the corpus of such child's
estate is such that under all the circumstances, including
consideration of the income of the surviving spouse and such child
and the income of any other child for whom the surviving spouse is
receiving increased pension, it is reasonable that some part of the
corpus of the child's estate be consumed for the child's
maintenance. During the period such denial or discontinuance
remains in effect, such child shall not be considered as the
surviving spouse's child for purposes of this chapter.
(b) The Secretary shall deny or discontinue payment of pension to
a child under section 1542 of this title when the corpus of the
estate of the child is such that under all the circumstances,
including consideration of the income of the child, the income of
any person with whom such child is residing who is legally
responsible for such child's support, and the corpus of the estate
of such person, it is reasonable that some part of the corpus of
such estates be consumed for the child's maintenance.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1138, Sec. 543; Pub. L.
86-211, Sec. 4, Aug. 29, 1959, 73 Stat. 435; Pub. L. 94-169, title
I, Sec. 101(2)(E), Dec. 23, 1975, 89 Stat. 1014; Pub. L. 95-588,
title I, Sec. 111, Nov. 4, 1978, 92 Stat. 2504; renumbered Sec.
1543 and amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a),
(c)(1), Aug. 6, 1991, 105 Stat. 404-406.)
-MISC1-
AMENDMENTS
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 543 of this
title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "1541" for
"541" in pars. (1) and (2).
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator" in pars. (1) and (2).
Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted "1542" for
"542".
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator".
1978 - Pub. L. 95-588 designated existing provisions relating to
denial or discontinuance of pension payments to surviving spouses
as subsec. (a), expanded existing provisions relating to denial or
discontinuance of pension payments to children of veterans, and
designated such expanded provisions as subsecs. (a)(2) and (b).
1975 - Pub. L. 94-169 substituted "surviving spouse" for "widow".
1959 - Pub. L. 86-211 substituted provisions requiring the denial
or discontinuance of payment of pension to a widow or child when
the corpus of the estate of the survivor concerned is such that
under all the circumstances, including consideration of income, it
is reasonable that some part of the corpus be consumed for the
survivor's maintenance for provisions which authorized the payment
of a pension to widows of World War II or Korean conflict veterans.
See section 1541 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-588 effective Jan. 1, 1979, see section
401 of Pub. L. 95-588, set out as a note under section 101 of this
title.
EFFECTIVE DATE OF 1975 AMENDMENT
Section 101 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
EFFECTIVE DATE OF 1959 AMENDMENT
Amendment by Pub. L. 86-211 effective July 1, 1960, see section
10 of Pub. L. 86-211, set out as a note under section 1521 of this
title.
-End-
-CITE-
38 USC [Surviving Spouses of Veterans of All Periods of
War - Repealed] 01/06/03
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND CHILDREN
[Surviving Spouses of Veterans of All Periods of War - Repealed]
-HEAD-
[SURVIVING SPOUSES OF VETERANS OF ALL PERIODS OF WAR - REPEALED]
-MISC1-
AMENDMENTS
1978 - Pub. L. 95-588, title I, Sec. 112(a)(2), Nov. 4, 1978, 92
Stat. 2505, struck out heading "Surviving Spouses of Veterans of
All Periods of War" below section 543 [now 1543].
1975 - Pub. L. 94-169, title I, Sec. 101(2)(I), Dec. 23, 1975, 89
Stat. 1014, substituted "Surviving Spouses" for "Widows" in heading
below section 543.
-End-
-CITE-
38 USC Sec. 1544 01/06/03
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER III - PENSIONS TO SURVIVING SPOUSES AND CHILDREN
[Surviving Spouses of Veterans of All Periods of War - Repealed]
-HEAD-
[Sec. 1544. Vacant]
-COD-
CODIFICATION
Prior to renumbering of sections 501 to 543 of this chapter as
sections 1501 to 1543 by Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991,
105 Stat. 406, section 544 of this chapter, added Pub. L. 90-77,
title I, Sec. 108(a), Aug. 31, 1967, 81 Stat. 180; amended Pub. L.
91-588, Sec. 3(a), Dec. 24, 1970, 84 Stat. 1583; Pub. L. 93-527,
Sec. 5, Dec. 21, 1974, 88 Stat. 1704; Pub. L. 94-169, title I, Sec.
105, Dec. 23, 1975, 89 Stat. 1017; Pub. L. 94-432, title II, Sec.
205, Sept. 30, 1976, 90 Stat. 1371; Pub. L. 95-204, title I, Sec.
104, Dec. 2, 1977, 91 Stat. 1457, which authorized an increase by
$79 of the monthly rate of pension payable to the surviving spouse
if the surviving spouse was entitled to pension under this
subchapter and was in need of regular aid and attendance, was
repealed by Pub. L. 95-588, title I, Sec. 112(a)(1), title IV, Sec.
401, Nov. 4, 1978, 92 Stat. 2505, 2511, effective Jan. 1, 1979.
-End-
-CITE-
38 USC SUBCHAPTER IV - ARMY, NAVY, AIR FORCE, AND COAST
GUARD MEDAL OF HONOR ROLL 01/06/03
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER IV - ARMY, NAVY, AIR FORCE, AND COAST GUARD MEDAL OF
HONOR ROLL
-HEAD-
SUBCHAPTER IV - ARMY, NAVY, AIR FORCE, AND COAST GUARD MEDAL OF
HONOR ROLL
-MISC1-
AMENDMENTS
1963 - Pub. L. 88-77, Sec. 5(3), July 25, 1963, 77 Stat. 96,
substituted "ARMY, NAVY, AIR FORCE, AND COAST GUARD" for "ARMY,
NAVY, AND AIR FORCE" in subchapter heading.
-End-
-CITE-
38 USC Sec. 1560 01/06/03
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER IV - ARMY, NAVY, AIR FORCE, AND COAST GUARD MEDAL OF
HONOR ROLL
-HEAD-
Sec. 1560. Medal of Honor Roll; persons eligible
-STATUTE-
(a) There shall be in the Department of the Army, the Department
of the Navy, the Department of the Air Force, and the Department of
Homeland Security, respectively, a roll designated as the "Army,
Navy, Air Force, and Coast Guard Medal of Honor Roll".
(b) Upon written application to the Secretary concerned, that
Secretary shall enter and record on such roll the name of each
surviving person who has served on active duty in the armed forces
of the United States and who has been awarded a medal of honor for
distinguishing such person conspicuously by gallantry and
intrepidity at the risk of such person's life above and beyond the
call of duty while so serving.
(c) Applications for entry on such roll shall be made in the form
and under regulations prescribed by the Secretary concerned, and
shall indicate whether or not the applicant desires to receive the
special pension provided by section 1562 of this title. Proper
blanks and instructions shall be furnished by the Secretary
concerned, without charge upon the request of any person claiming
the benefits of this subchapter.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1139, Sec. 560; Pub. L.
87-138, Sec. 1, Aug. 14, 1961, 75 Stat. 338; Pub. L. 88-77, Sec.
5(1), July 25, 1963, 77 Stat. 95; Pub. L. 88-651, Oct. 13, 1964, 78
Stat. 1078; Pub. L. 89-311, Sec. 4, Oct. 31, 1965, 79 Stat. 1156;
Pub. L. 91-24, Sec. 5, June 11, 1969, 83 Stat. 33; Pub. L. 94-169,
title I, Sec. 106(41), Dec. 23, 1975, 89 Stat. 1019; renumbered
Sec. 1560 and amended Pub. L. 102-83, Secs. 4(b)(4)(A), 5(a),
(c)(1), Aug. 6, 1991, 105 Stat. 405, 406; Pub. L. 107-296, title
XVII, Sec. 1704(d), Nov. 25, 2002, 116 Stat. 2315.)
-MISC1-
AMENDMENTS
2002 - Subsec. (a). Pub. L. 107-296 substituted "of Homeland
Security" for "of Transportation".
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 560 of this
title as this section.
Subsec. (b). Pub. L. 102-83, Sec. 4(b)(4)(A), substituted "that
Secretary" for second reference to "the Secretary".
Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted "1562" for
"562".
1975 - Subsec. (b). Pub. L. 94-169 substituted "such person" for
"himself" and "such person's" for "his".
1969 - Subsec. (a). Pub. L. 91-24 substituted "Department of
Transportation" for "Department of the Treasury".
1965 - Subsec. (b). Pub. L. 89-311 struck out requirement that
prospective enrollees have attained the age of forty before being
eligible for entry on the roll.
1964 - Subsec. (b). Pub. L. 88-651 substituted "forty years" for
"fifty years" and "beyond the call of duty while so serving" for
"beyond the call of duty -
"(1) while engaged in action against an enemy of the United
States;
"(2) while engaged in military operations involving conflict
with an opposing foreign force; or
"(3) while serving with friendly foreign forces engaged in an
armed conflict against an opposing armed force in which the
United States is not a belligerent party."
1963 - Subsec. (a). Pub. L. 88-77 inserted references to
Department of the Treasury and to Coast Guard.
Subsec. (b). Pub. L. 88-77 enlarged the authority to enter and
record names on the Medal of Honor Roll, which was limited to
persons who served in the active military, naval or air service of
the United States in any war, and who distinguished themselves by
gallantry or intrepidity in action involving actual conflict with
an enemy, to permit entering and recording names of persons who
served on active duty in the Armed Forces of the United States
distinguish themselves by gallantry and intrepidity while engaged
in action against an enemy of the United States, while engaged in
military operations involving conflict with an opposing foreign
force, or while serving with friendly foreign forces engaged in an
armed conflict against an opposing armed force in which the United
States is not a belligerent party.
1961 - Subsec. (b). Pub. L. 87-138, Sec. 1(a), reduced the age
requirement for entry on the Medal of Honor Roll from 65 to 50
years and struck out requirement that such person must have
received an honorable discharge.
Subsec. (c). Pub. L. 87-138, Sec. 1(b), required applicants to
indicate if they wished to receive the pension provided by section
562 of this title.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107-296 effective on the date of transfer of
the Coast Guard to the Department of Homeland Security, see section
1704(g) of Pub. L. 107-296, set out as a note under section 101 of
Title 10, Armed Forces.
EFFECTIVE DATE OF 1975 AMENDMENT
Section 106 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
EFFECTIVE DATE OF 1965 AMENDMENT
Amendment by Pub. L. 89-311 effective first day of second
calendar month following Oct. 31, 1965, see section 9 of Pub. L.
89-311, set out as a note under section 1114 of this title.
EFFECTIVE DATE OF 1961 AMENDMENT
Section 4 of Pub. L. 87-138 provided that: "The amendments made
by this Act [amending this section and sections 561 and 562 [now
1561 and 1562] of this title] shall take effect on the first day of
the first month which begins after the date of the enactment of
this Act [Aug. 14, 1961], except that the amendments made by
subsection (b) of the first section [amending subsec. (c) of this
section] and by section 2 [amending section 561 [now 1561] of this
title] shall not apply with respect to any application under
section 560 [now 1560] of title 38, United States Code, made before
such first day by any person who fulfilled the qualifications
prescribed by subsection (b) of such section at the time such
application was made."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1561, 1562 of this title.
-End-
-CITE-
38 USC Sec. 1561 01/06/03
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER IV - ARMY, NAVY, AIR FORCE, AND COAST GUARD MEDAL OF
HONOR ROLL
-HEAD-
Sec. 1561. Certificate
-STATUTE-
(a) The Secretary concerned shall determine whether or not each
applicant is entitled to have such person's name entered on the
Army, Navy, Air Force, and Coast Guard Medal of Honor Roll. If the
official award of the Medal of Honor to the applicant, or the
official notice to such person thereof, shows that the Medal of
Honor was awarded to the applicant for an act described in section
1560 of this title, such award or notice shall be sufficient to
entitle the applicant to have such person's name entered on such
roll without further investigation; otherwise all official
correspondence, orders, reports, recommendations, requests, and
other evidence on file in any public office or department shall be
considered.
(b) Each person whose name is entered on the Army, Navy, Air
Force, and Coast Guard Medal of Honor Roll shall be furnished a
certificate of service and of the act of heroism, gallantry,
bravery, or intrepidity for which the Medal of Honor was awarded,
of enrollment on such roll, and, if such person has indicated such
person's desire to receive the special pension provided by section
1562 of this title, of such person's right to such special pension.
(c) The Secretary concerned shall deliver to the Secretary a
certified copy of each certificate issued under subsection (b) in
which the right of the person named in the certificate to the
special pension provided by section 1562 of this title is set
forth. Such copy shall authorize the Secretary to pay such special
pension to the person named in the certificate.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1139, Sec. 561; Pub. L.
87-138, Sec. 2(a), Aug. 14, 1961, 75 Stat. 338; Pub. L. 88-77, Sec.
5(2), July 25, 1963, 77 Stat. 95; Pub. L. 94-169, title I, Sec.
106(42), (43), Dec. 23, 1975, 89 Stat. 1019; renumbered Sec. 1561
and amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a), (c)(1),
Aug. 6, 1991, 105 Stat. 404-406.)
-MISC1-
AMENDMENTS
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 561 of this
title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "1560" for
"560".
Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted "1562" for
"562".
Subsec. (c). Pub. L. 102-83, Sec. 5(c)(1), substituted "1562" for
"562".
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator" after "the" in two places.
1975 - Subsec. (a). Pub. L. 94-169, Sec. 106(42), substituted
"such person's" for "his" wherever appearing, and "such person" for
"him".
Subsec. (b). Pub. L. 94-169, Sec. 106(42), substituted "such
person" for "he" and "such person's" for "his" wherever appearing.
Subsec. (c). Pub. L. 94-169, Sec. 106(43), struck out "by him"
after "certificate issued".
1963 - Subsecs. (a), (b). Pub. L. 88-77 inserted references to
the Coast Guard.
1961 - Pub. L. 87-138 struck out "entitling holder to pension",
after "Certificate" in section catchline.
Subsec. (a). Pub. L. 87-138 substituted "have his name entered on
the Army, Navy, and Air Force Medal of Honor Roll" for "the
benefits of this subchapter", and "have his name entered on such
roll" for "special pension under this subchapter".
Subsec. (b). Pub. L. 87-138 inserted provisions relating to the
enrollee's indication of desire to receive pension.
Subsec. (c). Pub. L. 87-138 required the copy to set forth the
right of the person named in the certificate to the pension.
EFFECTIVE DATE OF 1975 AMENDMENT
Section 106 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
EFFECTIVE DATE OF 1961 AMENDMENT
Amendment by Pub. L. 87-138 effective Sept. 1, 1961, except that
it shall not apply with respect to applications under section 1560
[formerly 560] of this title made prior to Sept. 1, 1961, by anyone
who fulfilled the qualifications prescribed by subsec. (b) of such
section 1560 [formerly 560] at the time such application was made,
see section 4 of Pub. L. 87-138, set out as a note under section
1560 of this title.
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1562 of this title.
-End-
-CITE-
38 USC Sec. 1562 01/06/03
-EXPCITE-
TITLE 38 - VETERANS' BENEFITS
PART II - GENERAL BENEFITS
CHAPTER 15 - PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH
OR FOR SERVICE
SUBCHAPTER IV - ARMY, NAVY, AIR FORCE, AND COAST GUARD MEDAL OF
HONOR ROLL
-HEAD-
Sec. 1562. Special provisions relating to pension
-STATUTE-
(a) The Secretary shall pay monthly to each person whose name has
been entered on the Army, Navy, Air Force, and Coast Guard Medal of
Honor roll, and a copy of whose certificate has been delivered to
the Secretary under subsection (c) of section 1561 of this title, a
special pension at the rate of $1,000, as adjusted from time to
time under subsection (e), beginning as of the date of application
therefor under section 1560 of this title.
(b) The receipt of special pension shall not deprive any person
of any other pension or other benefit, right, or privilege to which
such person is or may hereafter be entitled under any existing or
subsequent law. Special pension shall be paid in addition to all
other payments under laws of the United States.
(c) Special pension shall not be subject to any attachment,
execution, levy, tax lien, or detention under any process whatever.
(d) If any person has been awarded more than one medal of honor,
such person shall not receive more than one special pension.
(e) Effective as of December 1 each year, the Secretary shall
increase the amount of monthly special pension payable under
subsection (a) as of November 30 of such year by the same
percentage as the percentage by which benefit amounts payable under
title II of the Social Security Act (42 U.S.C. 401 et seq.) are
increased effective December 1 of such year as a result of a
determination under section 215(i) of that Act (42 U.S.C. 415(i)).
(f)(1) The Secretary shall pay, in a lump sum, to each person who
is in receipt of special pension payable under this section an
amount equal to the total amount of special pension that the person
would have received during the period beginning on the first day of
the first month beginning after the date of the act for which the
person was awarded the Medal of Honor and ending on the last day of
the month preceding the month in which the person's special pension
in fact commenced.
(2) For each month of a period referred to in paragraph (1), the
amount of special pension payable to a person shall be determined
using the rate of special pension that was in effect for such
month, and shall be payable only if the person would have been
entitled to payment of special pension for such month under laws
for eligibility for special pension (with the exception of the
eligibility law requiring a person to have been awarded a Medal of
Honor) in effect at the beginning of such month.
-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1140, Sec. 562; Pub. L.
87-138, Sec. 3, Aug. 14, 1961, 75 Stat. 339; Pub. L. 88-77, Sec.
5(2), July 25, 1963, 77 Stat. 95; Pub. L. 94-169, title I, Sec.
106(44), (45), Dec. 23, 1975, 89 Stat. 1019; Pub. L. 95-479, title
III, Sec. 302, Oct. 18, 1978, 92 Stat. 1565; renumbered Sec. 1562
and amended Pub. L. 102-83, Secs. 4(b)(1), (2)(E), 5(a), (c)(1),
Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 103-161, Sec. 1(a), Nov.
30, 1993, 107 Stat. 1967; Pub. L. 105-368, title III, Sec. 301(a),
Nov. 11, 1998, 112 Stat. 3332; Pub. L. 107-330, title III, Sec.
304(a)-(c), Dec. 6, 2002, 116 Stat. 2826.)
-REFTEXT-
REFERENCES IN TEXT
The Social Security Act, referred to in subsec. (e), is act Aug.
14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the Act is
classified generally to subchapter II (Sec. 401 et seq.) of chapter
7 of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see section 1305 of Title
42 and Tables.
-MISC1-
PRIOR PROVISIONS
Prior sections 1601, 1602, 1621 to 1625, 1631 to 1634, 1641, and
1643, which comprised chapter 32, were renumbered sections 3201,
3202, 3221 to 3225, 3231 to 3234, 3241, and 3243 of this title,
respectively. Prior section 1642, Pub. L. 94-502, title IV, Sec.
404, Oct. 15, 1976, 90 Stat. 2397; amended Pub. L. 97-295, Sec.
4(37), Oct. 12, 1982, 96 Stat. 1307; Pub. L. 101-237, title IV,
Sec. 423(b)(1)(A), (4)(A), Dec. 18, 1989, 103 Stat. 2092, directed
Secretary of Veterans Affairs and Secretary of Defense to submit a
joint report annually on operations of program provided under
chapter 32 of this title, prior to repeal by Pub. L. 102-16, Sec.
5(a), Mar. 22, 1991, 105 Stat. 50.
Other prior sections 1601, 1610 to 1613, 1620 to 1626, 1631 to
1634, 1641 to 1645, 1651 to 1656, and 1661 to 1669, Pub. L. 85-857,
Sept. 2, 1958, 72 Stat. 1174-1192; Pub. L. 86-150, Aug. 11, 1964,
73 Stat. 332; Pub. L. 87-815, Sec. 1, Oct. 15, 1962, 76 Stat. 926;
Pub. L. 88-361, Sec. 7, July 7, 1964, 78 Stat. 298, comprised
chapter 33, Education of Korean Conflict Veterans, prior to repeal
by Pub. L. 89-358, Sec. 4(a), Mar. 3, 1966, 80 Stat. 23.
Section 1601 defined "basic service period", "eligible veteran",
"program of education or training", "course", "dependent",
"educational institutions", "training establishments", "State", and
"Commissioner", made benefits unavailable to individuals serving as
commissioned officers of Coast and Geodetic Survey or of Regular or
Reserve Corps of the Public Health Service unless the service
qualified those individuals for benefits under title II of the
Veteran's Readjustment Assistance Act of 1952, and declared
Congressional policy. See sections 3451(3), (4) and 3452(a)(1),
(3)(A), (B), (b) to (d) of this title.
Section 1610 provided for entitlement to education or training
generally. See section 3461(a) of this title.
Section 1611 related to duration of veteran's education or
training. See sections 3452(a)(3)(A), (B), 3461(a), (b)(1), (3),
(4), (c), and 3482(c)(2) of this title.
Section 1612 related to commencement of education and time
limitations. See section 3462 of this title.
Section 1613 provided for expiration of all education and
training. See section 3462(a) of this title.
Section 1620 related to selections of program. See sections 3470
and 3476 of this title.
Section 1621 provided for applications and approval of
applications. See section 3471 of this title.
Section 1622 related to change of program. See section 3691 of
this title.
Section 1623 provided for disapproval of enrollment in certain
courses. See section 3473(a) and (d) of this title.
Section 1624 provided discontinuance for unsatisfactory progress.
See section 3474 of this title.
Section 1625 provided for a period of operation for approval. See
section 3689 of this title.
Section 1626 related to institutions listed by Attorney General.
Similar provisions were classified to section 1789 of this title,
renumbered section 1793, and subsequently repealed by section
511(1) of Pub. L. 94-502.
Section 1631 provided for education and training allowance. See
section 3481(a), (b), (d), and (e) of this title.
Section 1632 provided for computation of education and training
allowances for institutional courses, apprentice and on-the-job
training, on-farm training, correspondence and flight training
courses, and less-than-half time basis courses. See sections
3482(a), (b)(2), (c)(1) and 3681 of this title.
Section 1633 related to measurement of courses.
Section 1634 related to overcharges by educational institutions.
Section 1641 related to designation of State approving agencies.
See section 3671 of this title.
Section 1642 related to approval of courses. See section 3672 of
this title.
Section 1643 provided for cooperation between the Administrator
and the State approving agencies. See section 3673 of this title.
Section 1644 provided for use of Office of Education and other
Federal agencies. See section 3690 of this title.
Section 1645 provided for reimbursement of expenses. See section
3674 of this title.
Section 1651 provided for apprentice or other training on the
job.
Section 1652 provided for institutional on-farm training for
Korean conflict veterans.
Section 1653 provided for approval of accredited courses for
Korean conflict veterans. See section 3675 of this title.
Section 1654 provided for approval of nonaccredited courses for
Korean conflict veterans. See section 3676 of this title.
Section 1655 provided for notice of approval of courses for
Korean conflict veterans. See section 3677 of this title.
Section 1656 provided for disapproval of courses and
discontinuance of allowances for Korean conflict veterans. See
section 3678 of this title.
Section 1661 related to authority and duties of Administrator
concerning education of Korean conflict veterans.
Section 1662 related to Advisory Committee. See section 3688 of
this title.
Section 1663 provided for control by agencies of United States.
See section 3682 of this title.
Section 1664 related to conflicting interests by officers or
employees of the Veterans Administration, Office of Education, or
State approving agency. See section 3683 of this title.
Section 1665 related to reports by institutions concerning Korean
conflict veterans. See section 3684 of this title.
Section 1666 related to overpayments to Korean conflict veterans.
See section 3685 of this title.
Section 1667 related to examination of records of Korean conflict
veterans. See section 3686 of this title.
Section 1668 related to submitting false and misleading claims by
Korean conflict veterans or educational institutions. See section
3687 of this title.
Section 1669 related to information furnished by Federal Trade
Commission to State approving agencies.
Prior sections 1651, 1652, 1661, 1662, 1670, 1671, 1673, 1674,
1676, 1681, 1682, 1683 to 1685, and 1690 to 1693, which comprised
chapter 34, were renumbered 3451, 3452, 3461, 3462, 3470, 3471,
3473, 3474, 3476, 3481, 3482, 3483 to 3485, and 3490 to 3493,
respectively, of this title.
Prior section 1663, added Pub. L. 89-358, Sec. 2, Mar. 3, 1966,
80 Stat. 15; amended Pub. L. 94-502, title II, Sec. 211(4), Oct.
15, 1976, 90 Stat. 2388; Pub. L. 95-202, title III, Sec. 302(a),
Nov. 23, 1977, 91 Stat. 1440; Pub. L. 99-576, title III, Sec. 312,
Oct. 28, 1986, 100 Stat. 3273; Pub. L. 101-237, title IV, Sec.
423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092, related to educational
and vocational counseling, prior to repeal by Pub. L. 102-16, Sec.
2(b)(1)(A), Mar. 22, 1991, 105 Stat. 49. See section 3697A of this
title.
Prior section 1672, added Pub. L. 89-358, Sec. 2, Mar. 3, 1966,
80 Stat. 15, related to change of program by veteran, prior to
repeal by Pub. L. 92-540, title IV, Sec. 401(6), Oct. 24, 1972, 86
Stat. 1090. See section 3691 of this title.
Prior section 1675, added Pub. L. 89-358, Sec. 2, Mar. 3, 1966,
80 Stat. 16, related to period of operation for approval by
Administrator, prior to repeal by Pub. L. 92-540, title IV, Sec.
401(6), Oct. 24, 1972, 86 Stat. 1090. See section 3689 of this
title.
Prior section 1677, added Pub. L. 90-77, title III, Sec. 302(b),
Aug. 31, 1967, 81 Stat. 185; amended Pub. L. 90-631, Sec. 5, Oct.
23, 1968, 82 Stat. 1335; Pub. L. 91-219, title I, Sec. 102, title
II, Sec. 203, Mar. 26, 1970, 84 Stat. 76, 78; Pub. L. 92-540, title
I, Sec. 102(1), title IV, Sec. 401(3), Oct. 24, 1972, 86 Stat.
1075, 1090; Pub. L. 93-508, title I, Sec. 102(1), Dec. 3, 1974, 88
Stat. 1579; Pub. L. 93-602, title II, Sec. 203(a), Jan. 2, 1975, 88
Stat. 1958; Pub. L. 95-202, title I, Sec. 102(1), Nov. 23, 1977, 91
Stat. 1433; Pub. L. 96-466, title II, Secs. 201(1), 211(1), title
VI, Sec. 603(a), Oct. 17, 1980, 94 Stat. 2187, 2189, 2209, set
forth provisions respecting eligibility, approval, etc., for flight
training, prior to repeal by Pub. L. 97-35, title XX, Secs.
2003(b)(3)(A), 2006, Aug. 13, 1981, 95 Stat. 782, 783, effective
Oct. 1, 1981, except as otherwise provided for persons receiving
educational assistance.
Prior section 1678, added Pub. L. 90-77, title III, Sec. 306(a),
Aug. 31, 1967, 81 Stat. 188, related to special training for
educationally disadvantaged, prior to repeal by Pub. L. 91-219,
title II, Sec. 204(a)(2), Mar. 26, 1970, 84 Stat. 79. See
subchapter V of chapter 34 of this title.
Prior section 1682A, added Pub. L. 95-202, title II, Sec. 201(a),
Nov. 23, 1977, 91 Stat. 1436; amended Pub. L. 97-295, Sec. 4(41),
Oct. 12, 1982, 96 Stat. 1308, related to accelerated payment of
educational assistance allowances, prior to repeal by Pub. L.
100-689, title I, Sec. 124(a), Nov. 18, 1988, 102 Stat. 4174.
Another prior section 1683, which related to measurement of
courses, was renumbered section 1684 and subsequently repealed by
Pub. L. 92-540, title III, Sec. 304, Oct. 24, 1972, 86 Stat. 1081.
Another prior section 1683, added Pub. L. 90-77, title III, Sec.
304(a), Aug. 31, 1967, 81 Stat. 186; amended Pub. L. 91-219, title
I, Sec. 103(e), Mar. 26, 1970, 84 Stat. 77; Pub. L. 91-584, Sec. 7,
Dec. 24, 1970, 84 Stat. 1576, related to apprenticeship or other
on-job training, prior to repeal by Pub. L. 92-540, title IV, Sec.
401(6), Oct. 24, 1972, 84 Stat. 1090. See section 3687 of this
title.
Another prior section 1684, which related to overcharging of
eligible veterans by educational institutions, was renumbered
section 1685 and subsequently repealed by Pub. L. 92-540, title II,
Sec. 203, Oct. 24, 1972, 86 Stat. 1079.
Another prior section 1684, added Pub. L. 89-358, Sec. 2, Mar. 3,
1966, 80 Stat. 18, Sec. 1683; renumbered Sec. 1684, Pub. L. 90-77,
title III, Sec. 304(a), Aug. 31, 1967, 81 Stat. 186; amended Pub.
L. 91-219, title II, Sec. 206(a), Mar. 26, 1970, 84 Stat. 81; Pub.
L. 91-584, Secs. 8, 11, Dec. 24, 1970, 84 Stat. 1577, related to
measurement of courses, prior to repeal by Pub. L. 92-540, title
III, Sec. 304, Oct. 24, 1972, 86 Stat. 1081. See section 3688 of
this title.
Another prior section 1685, which related to approval of courses,
was renumbered section 1683.
Another prior section 1685, added Pub. L. 89-358, Sec. 2, Mar. 3,
1966, 80 Stat. 19, Sec. 1684; renumbered Sec. 1865, Pub. L. 90-77,
title III, Sec. 304(a), Aug. 31, 1967, 81 Stat. 186, related to
overcharging of eligible veterans by educational institutions,
prior to repeal by Pub. L. 92-540, title II, Sec. 203, Oct. 24,
1972, 86 Stat. 1079. See section 3690 of this title.
Prior section 1686, added Pub. L. 93-508, title III, Sec. 302(a),
Dec. 3, 1974, 88 Stat. 1591; amended Pub. L. 97-35, title XX, Sec.
2005(b), Aug. 13, 1981, 95 Stat. 783, related to educational loans
to any eligible veteran to whom section 1662(a)(2) of this title
applied, prior to repeal by Pub. L. 100-689, title I, Sec. 124(a),
Nov. 18, 1988, 102 Stat. 4174.
Another prior section 1686, which related to approval of courses,
was renumbered section 1683.
Another prior section 1686, which related to discontinuance of
educational assistance allowance by Administrator, was renumbered
section 1687 and subsequently repealed by Pub. L. 92-540, title IV,
Sec. 401(6), Oct. 24, 1972, 86 Stat. 1090.
Prior section 1687, added Pub. L. 89-358, Sec. 2, Mar. 3, 1966,
80 Stat. 19, Sec. 1686; renumbered Sec. 1687, Pub. L. 90-77, title
III, Sec. 304(a), Aug. 31, 1967, 81 Stat. 186, related to
discontinuance of educational assistance allowance by
Administrator, prior to repeal by Pub. L. 92-540, title IV, Sec.
401(6), Oct. 24, 1972, 86 Stat. 1090. See section 3690(b) of this
title.
Prior sections 1695 to 1698 were repealed, effective Oct. 1,
1980, by Pub. L. 96-466, title VI, Sec. 601(a)(1), title VIII, Sec.
802(f), Oct. 17, 1980, 94 Stat. 2208, 2218.
Section 1695, added Pub. L. 91-219, title II, Sec. 204(a)(4),
Mar. 26, 1970, 84 Stat. 80, set forth purpose of former subchapter
VI relating to a predischarge education program and defined
"eligible person" for purposes of subchapter VI of chapter 34.
Section 1696, added Pub. L. 91-219, title II, Sec. 204(a)(4),
Mar. 26, 1970, 84 Stat. 80; amended Pub. L. 92-540, title I, Sec.
102(5), title III, Sec. 307, Oct. 24, 1972, 86 Stat. 1075, 1081;
Pub. L. 93-508, title I, Sec. 102(5), Dec. 3, 1974, 88 Stat. 1580;
Pub. L. 93-602, title II, Sec. 203(c), Jan. 2, 1975, 88 Stat. 1958;
Pub. L. 94-502, title II, Secs. 201(4), 210(5), 211(13), Oct. 15,
1976, 90 Stat. 2385, 2388, 2389; Pub. L. 95-202, title I, Sec.
102(6), Nov. 23, 1977, 91 Stat. 1434, related to payment of an
educational assistance allowance.
Section 1697, added Pub. L. 91-219, title II, Sec. 204(a)(4),
Mar. 26, 1970, 84 Stat. 81, related to educational and vocational
guidance.
Section 1698, added Pub. L. 92-540, title III, Sec. 308, Oct. 24,
1972, 86 Stat. 1082, Sec. 1697A; renumbered Sec. 1698 and amended
Pub. L. 94-502, title II, Secs. 210(3), 211(14), Oct. 15, 1976, 90
Stat. 2388, 2389; Pub. L. 95-202, title III, Sec. 302(b), Nov. 23,
1977, 91 Stat. 1441, related to coordination with and participation
by Department of Defense in carrying out functions and duties of
Department of Defense under predischarge education program.
Prior section 1700, which comprised the first section of chapter
35, was renumbered section 3500 of this title.
AMENDMENTS
2002 - Subsec. (a). Pub. L. 107-330, Sec. 304(a), substituted
"$1,000, as adjusted from time to time under subsection (e)" for
"$600".
Subsec. (e). Pub. L. 107-330, Sec. 304(b), added subsec. (e).
Subsec. (f). Pub. L. 107-330, Sec. 304(c), added subsec. (f).
1998 - Subsec. (a). Pub. L. 105-368 substituted "$600" for
"$400".
1993 - Subsec. (a). Pub. L. 103-161 substituted "$400" for
"$200".
1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 562 of this
title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "1561" for
"561" and "1560" for "560".
Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted "Secretary" for
"Administrator" in two places.
1978 - Subsec. (a). Pub. L. 95-479 increased from $100 to $200
the special pension.
1975 - Subsec. (a). Pub. L. 94-169, Sec. 106(44), substituted
"delivered to the Administrator" for "delivered to him".
Subsecs. (b), (d). Pub. L. 94-169, Sec. 106(45), substituted
"such person" for "he".
1963 - Subsec. (a). Pub. L. 88-77 inserted references to the
Coast Guard.
1961 - Subsec. (a). Pub. L. 87-138 inserted ", and a copy of
whose certificate has been delivered to him under subsection (c) of
section 561 of this title," after "Medal of Honor roll", and
increased pension from $10 to $100.
EFFECTIVE DATE OF 2002 AMENDMENT
Pub. L. 107-330, title III, Sec. 304(d), Dec. 6, 2002, 116 Stat.
2826, provided that:
"(1) Except as provided in paragraph (2), the amendments made by
subsections (a) and (b) [amending this section] shall take effect
on September 1, 2003. No payment may be made pursuant to subsection
(f) of section 1562 of title 38, United States Code, as added by
subsection (c) of this section, before October 1, 2003.
"(2) The Secretary of Veterans Affairs shall not make any
adjustment under subsection (e) of section 1562 of title 38, United
States Code, as added by subsection (b) of this section, in 2003."
EFFECTIVE DATE OF 1998 AMENDMENT
Pub. L. 105-368, title III, Sec. 301(b), Nov. 11, 1998, 112 Stat.
3332, provided that: "The amendment made by subsection (a)
[amending this section] shall take effect on the first day of the
first month beginning on or after the date of the enactment of this
Act [Nov. 11, 1998]."
EFFECTIVE DATE OF 1993 AMENDMENT
Section 1(b) of Pub. L. 103-161 provided that: "The amendment
made by subsection (a) [amending this section] shall apply with
respect to months beginning after the date of the enactment of this
Act [Nov. 30, 1993]."
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-479 effective Jan. 1, 1979, see section
401(b) of Pub. L. 95-479, set out as a note under section 1114 of
this title.
EFFECTIVE DATE OF 1975 AMENDMENT
Section 106 of Pub. L. 94-169 provided that the amendment made by
that section is effective Jan. 1, 1976.
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1560, 1561 of this title;
title 26 sections 140, 6334.
-End-
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| Enviado por: | El remitente no desea revelar su nombre |
| Idioma: | inglés |
| País: | Estados Unidos |
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