38-U.S.C.-1534
§1534 – Surviving Spouses of Indian War Veterans
Pathway
Title 38 > Part II > Chapter 15 > Subchapter III > Wars Before World War I – Section 1534
Details
- Reference: Wars Before World War I – Section 1534
- Legend: §1534 – Surviving Spouses of Indian War Veterans
- USCode Year: 2013
Provision Content
(a) The Secretary shall pay to the surviving spouse of each Indian War veteran who met the service requirements of section 1511 of this title 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) 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 March 4, 1917; 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, §534; Pub. L. 90–77, title I, §§101(a), 105, Aug. 31, 1967, 81 Stat. 178, 179; Pub. L. 94–169, title I, §106(26)–(29), Dec. 23, 1975, 89 Stat. 1018; Pub. L. 102–54, §14(b)(7), June 13, 1991, 105 Stat. 283; renumbered §1534 and amended Pub. L. 102–83, §§4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406.)
Amendments
1991—Pub. L. 102–83, §5(a), renumbered section 534 of this title as this section.
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 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 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 veterans for his.
Subsec. (b). Pub. L. 94–169, §106(27), substituted surviving 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 veteran 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 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.
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