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38 U.S.C. § 1537 — Children of Spanish-American War veterans

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1537 — Children of Spanish-American War veterans

Whenever there is no surviving spouse entitled to pension under [section 1536 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1536&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1512/a&num=0&edition=prelim) 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.

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Source location: Title 38, Chapter 15, § 1537; chapter-015-pension-for-non-service-connected-disability-or-death-or-for-service.md

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1536 — Surviving spouses of Spanish-American War veterans

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1512/a&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1541&num=0&edition=prelim), 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

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1537 — Children of Spanish-American War vet-

Page 254 TITLE 38—VETERANS’ BENEFITS § 1537 AMENDMENTS 1991—Pub. L. 102–83, § 5(a), renumbered section 536 of this title as this section. Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted ‘‘1512(a)’’ for ‘‘512(a)’’. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Sec- retary’’ for ‘‘Administrator’’. Subsec. (d). Pub. L. 102–83, § 5(c)(1), substituted ‘‘1541’’ for ‘‘541’’ in pars. (1) and (2). Subsec. (d)(2). Pub. L. 102–83, § 4(b)(1), (2)(E), sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’. 1978—Subsec. (d)(1). Pub. L. 95–588, § 108(1), substituted ‘‘a period of war’’ for ‘‘World War I’’, and struck out ‘‘, except as provided in paragraph (2)’’ after ‘‘irrev- ocable’’. Subsec. (d)(2). Pub. L. 95–588, § 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 sec- tion 544’’. 1975—Pub. L. 94–169, § 106(37), substituted ‘‘Surviving spouses’’ for ‘‘Widows’’ in section catchline. Subsec. (a). Pub. L. 94–169, § 106(32), substituted ‘‘pay to the surviving spouse’’ for ‘‘pay to the widow’’, ‘‘un- less such surviving spouse’’ for ‘‘unless she’’, ‘‘the spouse’’ for ‘‘the wife’’ and ‘‘such veteran’s’’ for ‘‘his’’. Subsec. (b). Pub. L. 94–169, § 106(33), substituted ‘‘sur- viving spouse’’ for ‘‘widow’’. Subsec. (c). Pub. L. 94–169, § 106(33), substituted ‘‘paid to a surviving spouse’’ for ‘‘paid to a widow’’, ‘‘unless such surviving spouse’’ for ‘‘unless she’’ and ‘‘such vet- eran’’ for ‘‘him’’. Subsec. (d)(1). Pub. L. 94–169, § 106(34), substituted ‘‘Any surviving spouse’’ for ‘‘Any widow’’, ‘‘if such sur- viving spouse’’ for ‘‘if she’’ and ‘‘surviving spouses’’ for ‘‘widows’’. Subsec. (d)(2). Pub. L. 94–169, § 106(35), (36), substituted ‘‘surviving spouse’’ for

Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 1537

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