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

Page 253 TITLE 38—VETERANS’ BENEFITS § 1536 1 See References in Text note below. Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted ‘‘1511’’ for ‘‘511’’ in introductory provisions. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Sec- retary’’ for ‘‘Administrator’’ in introductory provi- sions. Pub. L. 102–54 substituted a period for semicolon at end of par. (2) and struck out at end ‘‘; unless such sur- viving 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, § 106(29), substituted ‘‘Surviving spouses’’ for ‘‘Widows’’ in section catchline. Subsec. (a). Pub. L. 94–169, § 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 vet- eran’s’’ for ‘‘his’’. Subsec. (b). Pub. L. 94–169, § 106(27), substituted ‘‘sur- viving spouse’’ for ‘‘widow’’. Subsec. (c). Pub. L. 94–169, § 106(28), substituted ‘‘paid to a surviving spouse’’ for ‘‘paid to a widow’’, ‘‘unless such surviving spouse’’ for ‘‘unless she’’ and ‘‘such vet- eran’’ for ‘‘him’’. 1967—Subsec. (a)(2). 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 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. § 1535. Children of Indian War veterans Whenever there is no surviving spouse entitled to pension under section 1534 of this title, the Secretary shall pay to the children of each In- dian War veteran who met the service require- ments 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. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1137, § 535; Pub. L. 94–169, title I, § 106(31), Dec. 23, 1975, 89 Stat. 1018; renumbered § 1535 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 535 of this title as this section. Pub. L. 102–83, § 5(c)(1), substituted ‘‘1534’’ for ‘‘534’’ and ‘‘1511’’ for ‘‘511’’. 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. § 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 a pension at the monthly rate of $70, unless such surviving spouse was the spouse of the veteran during such veteran’s serv- ice 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 vet- eran— (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 condi- tions (other than the service requirements) ap- plicable 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 at- tendance, whichever amount is greater (A) that which is payable to such surviving spouse under subsections (a) and (b) of this section as in- creased by section 544 1 of this title, as in effect on December 31, 1978; or (B) that which is pay- able under section 1541 of this title, as in effect on December 31, 1978, as increased by such sec- tion 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. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1138, § 536; Pub. L. 90–77, title I, §§ 101(a), 105, Aug. 31, 1967, 81 Stat. 178, 179; Pub. L. 92–328, title I, § 107, June 30, 1972, 86 Stat. 395; Pub. L. 94–169, title I, § 106(32)–(37), Dec. 23, 1975, 89 Stat. 1018, 1019; Pub. L. 95–588, title I, § 108, Nov. 4, 1978, 92 Stat. 2502; renumbered § 1536 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406.) Editorial Notes REFERENCES IN TEXT Section 544 of this title, referred to in subsec. (d)(2), was repealed by Pub. L. 95–588, title I, § 112(a)(1), Nov. 4, 1978, 92 Stat. 2505, eff. Jan. 1, 1979. 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