38 U.S.C. § 1513 — Veterans 65 years of age and older

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-