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 ‘‘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, § 105, substituted ‘‘$70’’ for ‘‘$65’’. Subsec. (c). Pub. L. 90–77, § 101(a), qualified widow of a veteran for a pension by reducing in par. (2) the req- uisite marriage period from five years to one year and by making her eligible for benefits in par. (3) in event of antenuptial birth. Statutory Notes and Related Subsidiaries 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 Pub. L. 94–169, title I, § 106, Dec. 23, 1975, 89 Stat. 1017, 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. § 1537. Children of Spanish-American War vet- erans 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. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1138, § 537; Pub. L. 94–169, title I, § 106(39), Dec. 23, 1975, 89 Stat. 1019; renumbered § 1537 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–83, § 5(a), renumbered section 537 of this title as this section. Pub. L. 102–83, § 5(c)(1), substituted ‘‘1536’’ for ‘‘536’’ and ‘‘1512(a)’’ for ‘‘512(a)’’. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Sec- retary’’ for ‘‘Administrator’’. 1975—Pub. L. 94–169 substituted ‘‘surviving spouse’’ for ‘‘widow’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1975 AMENDMENT Pub. L. 94–169, title I, § 106, Dec. 23, 1975, 89 Stat. 1017, provided that the amendment made by that section is effective Jan. 1, 1976. OTHER PERIODS OF WAR Editorial Notes AMENDMENTS 1991—Pub. L. 102–25, title III, § 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, § 9(d)(3), Dec. 24, 1970, 84 Stat. 1585, inserted reference to Mexican border period in subheading. 1967—Pub. L. 90–77, title III, § 202(j), Aug. 31, 1967, 81 Stat. 183, inserted reference to Vietnam era in sub- heading. § 1541. Surviving spouses of veterans of a period of war (a) The Secretary shall pay to the surviving spouse of each veteran of a period of war who met the service requirements prescribed in sec- tion 1521(j) of this title, or who at the time of death was receiving (or entitled to receive) com- pensation or retirement pay for a service-con- nected 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 $7,933, reduced by the amount of the surviving spouse’s annual income. (c) If there is a child of the veteran in the cus- tody of the surviving spouse, pension shall be paid to the surviving spouse at the annual rate of $10,385. If the surviving spouse has custody of