38 U.S.C. § 1510 — Untitled legal text

Page 239 TITLE 38—VETERANS’ BENEFITS [§ 1510 EFFECTIVE DATE Pub. L. 86–211, § 10, Aug. 29, 1959, 73 Stat. 436, provided that: ‘‘This Act [see Tables for classification] shall take effect on July 1, 1960.’’ § 1507. Disappearance Where a veteran receiving pension under sub- chapter II of this chapter disappears, the Sec- retary may pay the pension otherwise payable to such veteran’s spouse and children. In apply- ing the provisions of this section, the Secretary may presume, without reports pursuant to sec- tion 1506(a) of this title, that the status of the veteran at the time of disappearance, with re- spect to permanent and total disability, income, and net worth, continues unchanged. Payments made to a spouse or child under this section shall not exceed the amount to which each would be entitled if the veteran died of a non- service-connected disability. (Added Pub. L. 89–467, § 1(a), June 22, 1966, 80 Stat. 218, § 507; amended Pub. L. 94–169, title I, § 106(15), Dec. 23, 1975, 89 Stat. 1017; renumbered § 1507 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 1507 was renumbered section 3107 of this title. Another prior section 1507, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1173; Pub. L. 92–540, title I, § 101(3), Oct. 24, 1972, 86 Stat. 1074; Pub. L. 94–502, title I, § 104(6), Oct. 15, 1976, 90 Stat. 2384, related to loans to trainees com- mencing or undertaking courses of vocational rehabili- tation under chapter 31 of this title, prior to repeal, ef- fective Oct. 1, 1980, by Pub. L. 96–466, title VIII, § 802(a)(4), Oct. 17, 1980, 94 Stat. 2218. See section 3112 of this title. AMENDMENTS 1991—Pub. L. 102–83, § 5(a), renumbered section 507 of this title as this section. Pub. L. 102–83, § 5(c)(1), substituted ‘‘1506(a)’’ for ‘‘506(a)’’. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Sec- retary’’ for ‘‘Administrator’’ in two places. 1975—Pub. L. 94–169 struck out ‘‘in his discretion’’ after ‘‘Administrator’’ and substituted ‘‘payable to such veteran’s spouse’’ for ‘‘payable to his wife,’’ and ‘‘made to a spouse’’ for ‘‘made to a wife’’. 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. § 1508. Frequency of payment of pension benefits (a) Except as provided under subsection (b) of this section, benefits under sections 1521, 1541, and 1542 of this title shall be paid monthly. (b) Under regulations which the Secretary shall prescribe, benefits under sections 1521, 1541, and 1542 of this title may be paid less fre- quently than monthly if the amount of the an- nual benefit is less than 4 percent of the max- imum annual rate payable to a veteran under section 1521(b) of this title. (Added Pub. L. 95–588, title I, § 104(a), Nov. 4, 1978, 92 Stat. 2499, § 508; amended Pub. L. 102–54, § 14(b)(6), June 13, 1991, 105 Stat. 283; renumbered § 1508 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 1508 was renumbered section 3108 of this title. Another prior section 1508, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1173; Pub. L. 94–502, title I, § 104(7), Oct. 15, 1976, 90 Stat. 2384, authorized Administrator to pre- scribe rules and regulations to promote good conduct and cooperation on the part of veterans receiving voca- tional rehabilitation 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 1508 continue in effect until Mar. 31, 1981. See section 3111 of this title. Prior section 1509 was renumbered section 3109 of this title. Another prior section 1509, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1173; Pub. L. 94–502, title I, § 104(8), (9), Oct. 15, 1976, 90 Stat. 2384, related to books, supplies, and equipment furnished a veteran 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 1509 continue in effect until Mar. 31, 1981. Prior section 1510 was renumbered section 3110 of this title. Another prior section 1510, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1173; Pub. L. 94–502, title I, § 104(10), Oct. 15, 1976, 90 Stat. 2384, related to vocational rehabilita- tion of persons hospitalized pending final discharge from the active military, naval, or air service, 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 chapter 31 of this title, provided that this prior section 1510 con- tinue in effect until Mar. 31, 1981. See section 3113 of this title. AMENDMENTS 1991—Pub. L. 102–83, § 5(a), renumbered section 508 of this title as this section. Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted ‘‘1521, 1541, and 1542’’ for ‘‘521, 541, and 542’’. Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted ‘‘1521, 1541, and 1542’’ for ‘‘521, 541, and 542’’ and ‘‘1521(b)’’ for ‘‘521(b)’’. Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Sec- retary’’ for ‘‘Administrator’’. Pub. L. 102–54 substituted ‘‘percent’’ for ‘‘per cen- tum’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1979, see section 401 of Pub. L. 95–588, set out as an Effective Date of 1978 Amend- ment note under section 101 of this title. SUBCHAPTER II—VETERANS’ PENSIONS SERVICE PENSION [§ 1510. Vacant] Editorial Notes CODIFICATION Prior to renumbering of sections 501 to 543 of this chapter as sections 1501 to 1543 by Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406, section 510 of this chapter, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1135, which pro- 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