38 U.S.C. § 1525 — Protection of health-care eligibility

Page 251 TITLE 38—VETERANS’ BENEFITS § 1532 Veterans’ Affairs of Senate and House of Representa- tives not later than Apr. 15, 1988, a report on results of implementation of this section and section 525 [now 1525] of this title during period beginning on Feb. 1, 1985, and ending on Jan. 31, 1988. § 1525. Protection of health-care eligibility (a) In the case of a veteran whose entitlement to pension is terminated after January 31, 1985, by reason of income from work or training, the veteran shall retain for a period of three years beginning on the date of such termination all eligibility for care and services under such chap- ter that the veteran would have had if the vet- eran’s entitlement to pension had not been ter- minated. Care and services for which such a vet- eran retains eligibility include, when applicable, drugs and medicines under section 1712(d) of this title. (b) For purposes of this section, the term ‘‘ter- minated by reason of income from work or training’’ means terminated as a result of the veteran’s receipt of earnings from activity per- formed for remuneration or with gain, but only if the veteran’s annual income from sources other than such earnings would, taken alone, not result in the termination of the veteran’s pension. (Added Pub. L. 98–543, title III, § 301(a)(1), Oct. 24, 1984, 98 Stat. 2746, § 525; amended Pub. L. 99–272, title XIX, § 19011(d)(1), Apr. 7, 1986, 100 Stat. 378; Pub. L. 99–576, title VII, § 703(b)(2), Oct. 28, 1986, 100 Stat. 3303; Pub. L. 100–687, div. B, title XIII, § 1303(c), Nov. 18, 1988, 102 Stat. 4128; renumbered § 1525 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–291, § 2(c), May 20, 1992, 106 Stat. 178; Pub. L. 102–568, title IV, § 403(a), (b)(1), Oct. 29, 1992, 106 Stat. 4337; Pub. L. 104–262, title I, § 101(e)(1), Oct. 9, 1996, 110 Stat. 3180.) Editorial Notes AMENDMENTS 1996—Subsec. (a). Pub. L. 104–262, § 101(e)(1)(A), sub- stituted ‘‘section 1712(d) of this title’’ for ‘‘section 1712(h) of this title and special priority with respect to such care and services under clauses (5) and (6) of sec- tion 1712(i)’’. Subsec. (b). Pub. L. 104–262, § 101(e)(1)(B), substituted ‘‘remuneration’’ for ‘‘renumeration’’. 1992—Pub. L. 102–568, § 403(b)(1), substituted ‘‘Protec- tion’’ for ‘‘Temporary protection’’ in section catchline. Subsec. (a). Pub. L. 102–568, § 403(a)(1), substituted ‘‘after January 31, 1985,’’ for ‘‘during the program pe- riod’’. Subsec. (b). Pub. L. 102–568, § 403(a)(2), added subsec. (b) and struck out former subsec. (b) which read as fol- lows: ‘‘For the purposes of this section: ‘‘(1) The term ‘terminated by reason of income from work or training’ means terminated as a result of the veteran’s receipt of earnings from activity performed for remuneration or gain, but only if the veteran’s annual income from sources other than such earnings would, taken alone, not result in the termination of the veteran’s pension. ‘‘(2) The term ‘program period’ means the period be- ginning on February 1, 1985, and ending on December 31, 1992.’’ Pub. L. 102–291 substituted ‘‘December 31, 1992’’ for ‘‘January 31, 1992’’ in par. (2). 1991—Pub. L. 102–83, § 5(a), renumbered section 525 of this title as this section. Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted ‘‘1712(h)’’ for ‘‘612(h)’’ and ‘‘1712(i)’’ for ‘‘612(i)’’. 1988—Subsec. (b)(2). Pub. L. 100–687 substituted ‘‘1992’’ for ‘‘1989’’. 1986—Subsec. (a). Pub. L. 99–576 struck out ‘‘under section 521 of this title’’ after ‘‘entitlement to pen- sion’’. Pub. L. 99–272 substituted ‘‘clauses (5) and (6) of sec- tion 612(i)’’ for ‘‘section 612(i)(5) of this title’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–291 effective Jan. 31, 1992, see section 2(d) of Pub. L. 102–291, set out as a note under section 1163 of this title. EFFECTIVE DATE OF 1986 AMENDMENTS Amendment by Pub. L. 99–576 effective as if included in Pub. L. 98–543, see section 703(c) of Pub. L. 99–576, set out as a note under section 1313 of this title. Amendment by Pub. L. 99–272 applicable to hospital care, nursing home care, and medical services furnished on or after July 1, 1986, see section 19011(f) of Pub. L. 99–272, set out as a note under section 1710 of this title. RATIFICATION OF ACTIONS OF SECRETARY OF VETERANS AFFAIRS DURING LAPSED PERIOD Provision of health care and services to a veteran pursuant to this section ratified with respect to period beginning Feb. 1, 1992, and ending May 20, 1992, see sec- tion 2(e) of Pub. L. 102–291, set out as a note under sec- tion 1163 of this title. SUBCHAPTER III—PENSIONS TO SURVIVING SPOUSES AND CHILDREN Editorial Notes AMENDMENTS 1975—Pub. L. 94–169, title I, § 101(2)(G), Dec. 23, 1975, 89 Stat. 1014, substituted ‘‘SURVIVING SPOUSES’’ for ‘‘WIDOWS’’ in subchapter heading. WARS BEFORE WORLD WAR I [§ 1531. 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 531 of this chapter, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1137; Pub. L. 90–77, title I, § 105, Aug. 31, 1967, 81 Stat. 179, which provided for a monthly pension to widows of Mexican War vet- erans, was repealed by Pub. L. 94–169, title I, § 101(2)(F), Dec. 23, 1975, 89 Stat. 1014, effective Jan. 1, 1976. § 1532. Surviving spouses of Civil War veterans (a) The Secretary shall pay to the surviving spouse of each Civil War veteran who met the service requirements of this section a pension at the following monthly rate: (1) $40.64 if such surviving spouse is below seventy years of age; or (2) $70 if such surviving spouse is seventy years of age or older. (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) A veteran met the service requirements of this section if such veteran served for ninety days or more in the active military or naval service during the Civil War, as heretofore de-