38 U.S.C. § 102 — Dependent parents

Page 30 TITLE 38—VETERANS’ BENEFITS § 102 the enactment of the Veterans Programs Extension Act of 2006 [Pub. L. 109–444, approved Dec. 21, 2006], then as of the date of the enactment of this Act [Dec. 22, 2006], the Veterans Programs Extension Act of 2006 [see Ta- bles for classification] and the amendments made by that Act shall be deemed for all purposes not to have taken effect and the Veterans Programs Extension Act of 2006 and the amendments made by that Act shall cease to be in effect.’’ REDESIGNATION OF SECTIONS; COORDINATION OF REDES- IGNATIONS WITH OTHER AMENDMENTS BY PUB. L. 102–83 Pub. L. 102–83, § 5, Aug. 6, 1991, 105 Stat. 406, provided that: ‘‘(a) REDESIGNATION OF SECTIONS TO CONFORM TO CHAPTER NUMBERS.—Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section con- tained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section. ‘‘(b) TABLES OF SECTIONS AND CHAPTERS.—(1) The ta- bles of sections at the beginning of the chapters re- ferred to in subsection (a) are revised so as to conform the section references in those tables to the redesigna- tions made by that subsection. ‘‘(2) The table of chapters before part I and the tables of chapters at the beginning of parts I, II, and III are revised so as to conform the section references in those tables to the redesignations made by subsection (a). ‘‘(c) CROSS-REFERENCES.—(1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated. ‘‘(2) Any reference in a provision of law other than title 38, United States Code, to a section redesignated by subsection (a) shall be deemed to refer to the section as so redesignated. ‘‘(d) RULE FOR EXECUTION.—The redesignations made by subsection (a) and the amendments made by sub- sections (b) and (c) shall be executed after any other amendments made by this Act [see Tables for classi- fication].’’ STUDY OF BENEFITS PAYABLE TO PERSONS RESIDING OUTSIDE THE UNITED STATES; REPORT AND REC- OMMENDATIONS NOT LATER THAN FEBRUARY 1, 1980 Pub. L. 96–22, title IV, § 402, June 13, 1979, 93 Stat. 63, authorized Administrator of Veterans’ Affairs, in con- sultation with Secretary of State, to carry out a com- prehensive study of benefits payable under this title to persons residing outside the fifty States and the Dis- trict of Columbia and required submission of a report to Congress and to President on results of such study not later than Feb. 1, 1980. DISABILITY COMPENSATION OR DEPENDENCY AND INDEMNITY COMPENSATION AWARD; EFFECTIVE DATE Pub. L. 91–621, § 6(b), Dec. 31, 1970, 84 Stat. 1864, pro- vided effective date for an award by Veteran’s Adminis- tration arising from injury or death occurring prior to Dec. 31, 1970, and based on a claim arising from amend- ments made to pars. (21)(C) and (25)(F) of this section and section 5305 of this title, prior to repeal by Pub. L. 107–372, title II, § 271(3), Dec. 19, 2002, 116 Stat. 3094. SECRETARY AND DEPARTMENT DEFINED Pub. L. 106–117, § 3, Nov. 30, 1999, 113 Stat. 1547, pro- vided that: ‘‘For purposes of this Act [see Tables for classification]— ‘‘(1) the term ‘Secretary’ means the Secretary of Veterans Affairs; and ‘‘(2) the term ‘Department’ means the Department of Veterans Affairs.’’ DEFINITION OF ADMINISTRATOR FOR 1988 AMENDMENTS Pub. L. 100–687, div. B, § 1002, Nov. 18, 1988, 102 Stat. 4122, provided that: ‘‘For purposes of this division [see Tables for classification], the term ‘Administrator’ means the Administrator of Veterans’ Affairs.’’ Pub. L. 100–322, § 3, May 20, 1988, 102 Stat. 489, provided that: ‘‘For purposes of this Act [see Tables for classi- fication], the term ‘Administrator’ means the Adminis- trator of Veterans’ Affairs.’’ Executive Documents PROC. NO. 4373. TERMINAL DATE RESPECTING SERVICE DURING VIETNAM ERA Proc. No. 4373, May 7, 1975, 40 F.R. 20257, provided: The Congress has provided that entitlement to cer- tain veterans benefits be limited to persons serving in the Armed Forces during the period, beginning August 5, 1964, referred to as the Vietnam era. The President is authorized to determine the last day on which a person must have entered the active military, naval, or air service during that period. The signing of the cease-fire agreements and imple- menting protocols on January 27, 1973, between the United States of America and the Republic of Vietnam, on the one hand, and the Democratic Republic of Viet- nam and the Provisional Revolutionary Government of the Republic of South Vietnam on the other hand, has terminated active participation by the Armed Forces of the United States in the Vietnam conflict. NOW, THEREFORE, I, GERALD R. FORD, President of the United States of America, by virtue of the au- thority vested in me by Section 101(29) of Title 38 of the United States Code, do hereby proclaim, for the pur- poses of said Section 101(29), that May 7, 1975, is des- ignated as the last day of the ‘‘Vietnam era.’’ IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of May in the year of our Lord nineteen hundred seventy-five, and of the Independence of the United States of America the one hundred nine- ty-ninth. GERALD R. FORD. § 102. Dependent parents (a) Dependency of a parent, which may arise before or after the death of a veteran, shall be determined in accordance with regulations pre- scribed by the Secretary. (b) Dependency of a parent shall not be denied (1) solely because of remarriage, or (2) in any case in any State where the monthly income for a mother or father does not exceed minimum levels which the Secretary shall prescribe by regulation, giving due regard to the marital sta- tus of the mother or father and additional mem- bers of the family whom the mother or father is under a moral or legal obligation to support. (c) For the purposes of this section, in deter- mining monthly income the Secretary shall not consider any payments under laws administered by the Secretary because of disability or death or payments of bonus or similar cash gratuity by any State based upon service in the Armed Forces. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1109; Pub. L. 89–358, § 4(e), (f), Mar. 3, 1966, 80 Stat. 24; Pub. L. 92–540, title IV, § 408, Oct. 24, 1972, 86 Stat. 1092; Pub. L. 94–432, title IV, § 402, Sept. 30, 1976, 90 Stat. 1372; Pub. L. 99–576, title VII, § 701(1), Oct. 28, 1986, 100 Stat. 3289; Pub. L. 102–54, § 14(a)(2), June 13, 1991, 105 Stat. 282; Pub. L. 102–83, § 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405.) Editorial Notes AMENDMENTS 1991—Subsecs. (a), (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’. Page 31 TITLE 38—VETERANS’ BENEFITS § 103 Subsec. (c). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary shall’’ for ‘‘Administrator shall’’. Pub. L. 102–83, § 4(a)(1), substituted ‘‘administered by the Secretary’’ for ‘‘administered by the Veterans’ Ad- ministration’’. Pub. L. 102–54 substituted ‘‘(c)’’ for ‘‘(C)’’ as subsec. designation. 1986—Pub. L. 99–576, § 701(1)(B), substituted ‘‘Depend- ent parents’’ for ‘‘Dependent parents; husbands’’ in sec- tion catchline. Subsec. (a). Pub. L. 99–576, § 701(1)(A)(ii), (iii), (v), struck out par. (1) designation and redesignated par. (2) of subsec. (a) as subsec. (b) and par. (3) of subsec. (a) as subsec. (C). Subsec. (b). Pub. L. 99–576, § 701(1)(A)(i), (iii), (iv), re- designated former subsec. (a)(2) as subsec. (b) and sub- stituted ‘‘(1)’’ and ‘‘(2)’’ for ‘‘(A)’’ and ‘‘(B)’’, respec- tively. Former subsec. (b), which read ‘‘For the pur- poses of this title, (1) the term ‘wife’ includes the hus- band of any female veteran; and (2) the term ‘widow’ in- cludes the widower of any female veteran’’, was struck out. Subsec. (c). Pub. L. 99–576, § 701(1)(A)(v), redesignated former subsec. (a)(3) as subsec. (C) and substituted ‘‘For the purposes of this section,’’ for ‘‘For the purposes of this subsection’’. 1976—Subsec. (a)(2). Pub. L. 94–432 substituted prohi- bition against denial of dependency of a parent ‘‘(B) in any case in any State where the monthly income for a mother or father does not exceed minimum levels which the Administrator shall prescribe by regulation, giving due regard to the marital status of the mother or father and additional members of the family whom the mother or father is under a moral or legal obliga- tion to support’’ for such prohibition ‘‘(B) in any case in any State where the monthly income for a mother or father, not living together, is not more than $105, or where the monthly income for a mother and father liv- ing together, is not more than $175, plus, in either case, $45, for each additional member of the family whom the father or mother is under a moral or legal obligation to support, as determined by the Administrator’’. 1972—Pub. L. 92–540, § 408(2), substituted ‘‘Dependent parents; husbands’’ for ‘‘Dependent parents and depend- ent husbands’’ in section catchline. Subsec. (b). Pub. L. 92–540, § 408(1), struck out excep- tion which made definition of terms inapplicable to chapter 19 of this title and struck out from definitions of ‘‘wife’’ and ‘‘widow’’ provisions relating to the abil- ity of such persons to maintain and support them- selves. 1966—Subsec. (a)(2). Pub. L. 89–358, § 4(e), substituted ‘‘Dependency’’ for ‘‘Except for the purposes of chapter 33 of this title, dependency’’. Subsec. (b). Pub. L. 89–358, § 4(f), struck out from in- troductory parenthetical phrase reference to chapter 33 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94–432 effective Sept. 30, 1976, see section 405(a) of Pub. L. 94–432, set out as a note under section 1521 of this title. § 103. Special provisions relating to marriages (a) Whenever, in the consideration of any claim filed by a person as the widow or widower of a veteran for gratuitous death benefits under laws administered by the Secretary, it is estab- lished by evidence satisfactory to the Secretary that such person, without knowledge of any legal impediment, entered into a marriage with such veteran which, but for a legal impediment, would have been valid, and thereafter cohabited with the veteran for one year or more imme- diately before the veteran’s death, or for any pe- riod of time if a child was born of the purported marriage or was born to them before such mar- riage, the purported marriage shall be deemed to be a valid marriage, but only if no claim has been filed by a legal widow or widower of such veteran who is found to be entitled to such bene- fits. No duplicate payments shall be made by virtue of this subsection. (b) Where a surviving spouse has been legally married to a veteran more than once, the date of original marriage will be used in determining whether the statutory requirement as to date of marriage has been met. (c) In determining whether or not a person is or was the spouse of a veteran, their marriage shall be proven as valid for the purposes of all laws administered by the Secretary according to the law of the place where the parties resided at the time of the marriage or the law of the place where the parties resided when the right to ben- efits accrued. (d)(1) The remarriage of the surviving spouse of a veteran shall not bar the furnishing of bene- fits to such person as the surviving spouse of the veteran if the remarriage is void, or has been an- nulled by a court with basic authority to render annulment decrees unless the Secretary deter- mines that the annulment was secured through fraud by either party or collusion. (2)(A) The remarriage of the surviving spouse of a veteran shall not bar the furnishing of bene- fits specified in paragraph (5) to such person as the surviving spouse of the veteran if the remar- riage has been terminated by death or divorce unless the Secretary determines that the di- vorce was secured through fraud or collusion. (B) The remarriage after age 57 of the sur- viving spouse of a veteran shall not bar the fur- nishing of benefits specified in paragraph (5) to such person as the surviving spouse of the vet- eran. Notwithstanding the previous sentence, the remarriage after age 55 of the surviving spouse of a veteran shall not bar the furnishing of benefits under chapter 13 or section 1781 of this title to such person as the surviving spouse of the veteran. (3) If the surviving spouse of a veteran ceases living with another person and holding himself or herself out openly to the public as that per- son’s spouse, the bar to granting that person benefits as the surviving spouse of the veteran shall not apply in the case of the benefits speci- fied in paragraph (5). (4) The first month of eligibility for benefits for a surviving spouse by reason of paragraph (2)(A) or (3) shall be the month after— (A) the month of the termination of such re- marriage, in the case of a surviving spouse de- scribed in paragraph (2)(A); or (B) the month of the cessation described in paragraph (3), in the case of a surviving spouse described in that paragraph. (5) Paragraphs (2)(A) and (3) apply with respect to benefits under the following provisions of this title: (A) Section 1311, relating to dependency and indemnity compensation. (B) Section 1781, relating to medical care for survivors and dependents of certain veterans. (C) Chapter 35, relating to educational as- sistance.