38 U.S.C. § 1512 — Spanish-American War veterans

Page 240 TITLE 38—VETERANS’ BENEFITS § 1511 vided monthly pension for persons who served in mili- tary or naval forces of Confederate States of America, was repealed by Pub. L. 94–169, title I, § 101(2)(F), Dec. 23, 1975, 89 Stat. 1014, effective Jan. 1, 1976. § 1511. Indian War veterans (a) The Secretary shall pay to each veteran of the Indian Wars who meets the service require- ments 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 ap- proval 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, ex- cept as provided in paragraph (2). (2) The Secretary shall pay each month to each veteran of the Indian Wars who is receiv- ing, or entitled to receive, pension based on a need of regular aid and attendance, whichever amount is greater (A) that provided by para- graph (2) of subsection (a) of this section, or (B) that which is payable to the veteran under sec- tion 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 pur- suant to paragraph (1) of this subsection. Each change in the amount of pension payment re- quired 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. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1135, § 511; Pub. L. 86–670, § 1, July 14, 1960, 74 Stat. 545; Pub. L. 90–77, title I, § 111(a), Aug. 31, 1967, 81 Stat. 181; Pub. L. 94–169, title I, § 106(16), Dec. 23, 1975, 89 Stat. 1017; renumbered § 1511 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406.) Editorial Notes 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, § 1503, renumbered Pub. L. 89–138, § 2(4), Aug. 26, 1965, 79 Stat. 578, and amended Pub. L. 94–502, title , §§ 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, § 5(a), renumbered section 511 of this title as this section. Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’ in introductory pro- visions. Subsec. (c). Pub. L. 102–83, § 5(c)(1), substituted ‘‘1521’’ for ‘‘521’’ in pars. (1) and (2). Subsec. (c)(2). Pub. L. 102–83, § 4(b)(1), (2)(E), sub- stituted ‘‘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). 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. 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 Pub. L. 86–670, § 3, July 14, 1960, 74 Stat. 545, 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].’’ § 1512. Spanish-American War veterans (a)(1) The Secretary shall pay to each veteran of the Spanish-American War who meets the service requirements of this subsection a pen- sion 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 Span- ish-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 sec- tion 1521 of this title (except the rate provided under subsection (g) of such section), and under the conditions (other than the service require- ments) applicable to pension paid under that section to veterans of a period of war. If pension is paid pursuant to such an election, the elec- tion shall be irrevocable. (B) The Secretary shall pay each month to each Spanish-American War veteran who is re- ceiving, or entitled to receive, pension based on a need of regular aid and attendance, whichever Page 241 TITLE 38—VETERANS’ BENEFITS § 1521 amount is greater (i) that provided by subpara- graph (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 sub- section, 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. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1135, § 512; Pub. L. 86–670, § 2, July 14, 1960, 74 Stat. 545; Pub. L. 90–77, title I, § 111(b), Aug. 31, 1967, 81 Stat. 181; Pub. L. 94–169, title I, § 106(17), Dec. 23, 1975, 89 Stat. 1017; Pub. L. 95–588, title I, § 105, Nov. 4, 1978, 92 Stat. 2500; renumbered § 1512 and amend- ed Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406.) Editorial Notes PRIOR PROVISIONS A prior section 1512 was renumbered section 3112 of this title. AMENDMENTS 1991—Pub. L. 102–83, § 5(a), renumbered section 512 of this title as this section. Subsec. (a)(1). Pub. L. 102–83, § 4(b)(1), (2)(E), sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’ in introduc- tory provisions. Subsec. (a)(3)(A). Pub. L. 102–83, § 5(c)(1), substituted ‘‘1521’’ for ‘‘521’’. Subsec. (a)(3)(B). Pub. L. 102–83, § 5(c)(1), substituted ‘‘1521’’ for ‘‘521’’. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Sec- retary’’ for ‘‘Administrator’’ in two places. Subsec. (b)(1). Pub. L. 102–83, § 4(b)(1), (2)(E), sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’ in introduc- tory provisions. 1978—Subsec. (a)(3)(A). Pub. L. 95–588, § 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 sub- par. (B). Subsec. (a)(3)(B). Pub. L. 95–588, § 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). 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 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. § 1513. Veterans 65 years of age and older (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 sec- tion 1521 of this title (as prescribed in subsection (j) of that section) pension at the rates pre- scribed by section 1521 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. (Added Pub. L. 107–103, title II, § 207(a)(1), Dec. 27, 2001, 115 Stat. 991; amended Pub. L. 109–233, title V, § 503(2), June 15, 2006, 120 Stat. 416.) Editorial Notes PRIOR PROVISIONS Prior sections 1513 to 1520 were renumbered sections 3113 to 3120 of this title, respectively. AMENDMENTS 2006—Subsec. (a). Pub. L. 109–233 inserted ‘‘section’’ after ‘‘prescribed by’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 107–103, title II, § 207(c), Dec. 27, 2001, 115 Stat. 991, provided that: ‘‘The amendments made by this sec- tion [enacting this section and amending sections 1521 and 1522 of this title] shall take effect as of September 17, 2001.’’ NON-SERVICE-CONNECTED DISABILITY PENSION § 1521. Veterans of a period of war (a) The Secretary shall pay to each veteran of a period of war who meets the service require- ments of this section (as prescribed in sub- section (j) of this section) and who is perma-