38-U.S.C.-1532
§1532 – Surviving Spouses of Civil War Veterans
Pathway
Title 38 > Part II > Chapter 15 > Subchapter III > Wars Before World War I – Section 1532
Details
- Reference: Wars Before World War I – Section 1532
- Legend: §1532 – Surviving Spouses of Civil War Veterans
- USCode Year: 2013
Provision Content
(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 defined under public laws administered by the Veterans’ Administration, or if such veteran was discharged or released from such service upon a surgeons certificate of disability.
(d) No pension shall be paid to a surviving spouse of a veteran under this section unless such surviving spouse was married to such veteran—
(1) before June 27, 1905; 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.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1137, §532; Pub. L. 90–77, title I, §§101(a), 105, Aug. 31, 1967, 81 Stat. 178, 179; Pub. L. 94–169, title I, §106(20)–(23), Dec. 23, 1975, 89 Stat. 1018; Pub. L. 102–54, §14(b)(7), June 13, 1991, 105 Stat. 283; renumbered §1532 and amended Pub. L. 102–83, §§4(a)(1), (b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 403–406; Pub. L. 103–446, title XII, §1201(a)(2), Nov. 2, 1994, 108 Stat. 4682.)
Amendments
1994—Subsec. (c). Pub. L. 103–446 substituted Veterans’ Administration for Secretary.
1991—Pub. L. 102–83, §5(a), renumbered section 532 of this title as this section.
Subsec. (a). Pub. L. 102–83, §4(b)(1), (2)(E), substituted Secretary for Administrator in introductory provisions.
Pub. L. 102–54 substituted a period for semicolon at end of par. (2) and struck out at end unless such surviving spouse was the spouse of the veteran during such veterans service in the Civil War, in which case the monthly rate shall be $75.
Subsec. (c). Pub. L. 102–83, §4(a)(1), substituted administered by the Secretary for administered by the Veterans’ Administration.
1975—Pub. L. 94–169, §106(23), substituted Surviving spouses for Widows in section catchline.
Subsec. (a). Pub. L. 94–169, §106(20), substituted pay to the surviving spouse for pay to the widow, such surviving spouse for she wherever appearing, was the spouse for was the wife and such veterans for his.
Subsec. (b). Pub. L. 94–169, §106(21), substituted surviving spouse for widow.
Subsec. (c). Pub. L. 94–169, §106(21), substituted such veteran for he wherever appearing.
Subsec. (d). Pub. L. 94–169, §106(22), substituted surviving spouse, such surviving spouse and such veteran for widow, she and him, respectively.
1967—Subsec. (a)(2). Pub. L. 90–77, §105, substituted $70 for $65.
Subsec. (d). Pub. L. 90–77, §101(a), qualified widow of a veteran for a pension by reducing in par. (2) the requisite marriage period from five years to one year and by making her eligible for benefits in par. (3) in event of antenuptial birth.
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.
U.S. Encyclopedia of Law Coverage
38-U.S.C.-1507 in the Legal Encyclopedia: Veterans
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Subchapter III – Pensions To Surviving Spouses and Children in the Legal Encyclopedia: Pension
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20-U.S.C.-1416 in the Legal Encyclopedia: Family Law
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Subchapter III – Tribal Development Student Assistance Revolving Loan Program in the Legal Encyclopedia: Children
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38-U.S.C.-1523 in the Legal Encyclopedia: Benefits
In this entry about 38-U.S.C.-1523, find legal reference material, bibliographies and premiere content related to benefits in the American Encyclopedia of Law, presenting a comprehensive view of the United States benefits-specific issues, written by authorities in the field.
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