38-U.S.C.-1102

38-U.S.C.-1102

§1102 – Special Provisions Relating to Surviving Spouses

Pathway

Title 38 > Part II > Chapter 11 > Subchapter I > Section 1102

Details

  • Reference: Section 1102
  • Legend: §1102 – Special Provisions Relating to Surviving Spouses
  • USCode Year: 2013

Provision Content

(a) No compensation shall be paid to the surviving spouse of a veteran under this chapter unless such surviving spouse was married to such veteran—

(1) before the expiration of fifteen years after the termination of the period of service in which the injury or disease causing the death of the veteran was incurred or aggravated; 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.

(b) Subsection (a) shall not be applicable to any surviving spouse who, with respect to date of marriage, could have qualified as a surviving spouse for death compensation under any law administered by the Secretary in effect on December 31, 1957.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1119, §302; Pub. L. 86–491, June 8, 1960, 74 Stat. 161; Pub. L. 90–77, title I, §101(a), Aug. 31, 1967, 81 Stat. 178; Pub. L. 94–433, title IV, §404(2)–(4), Sept. 30, 1976, 90 Stat. 1378; renumbered §1102 and amended Pub. L. 102–83, §§4(a)(1), 5(a), Aug. 6, 1991, 105 Stat. 403, 406.)

Amendments

1991—Pub. L. 102–83, §5(a), renumbered section 302 of this title as this section.

Subsec. (b). Pub. L. 102–83, §4(a)(1), substituted administered by the Secretary for administered by the Veterans’ Administration.

1976—Pub. L. 94–433, §404(4), substituted surviving spouses for widows in section catchline.

Subsec. (a). Pub. L. 94–433, §404(2), substituted surviving spouse of a veteran under this chapter unless such surviving spouse was married to such veteran for widow of a veteran under this chapter unless she was married to him.

Subsec. (b). Pub. L. 94–433, §404(3), substituted surviving spouse for widow in two places.

1967—Subsec. (a)(2), (3). Pub. L. 90–77 qualified widow of a veteran for receipt of compensation 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.

1960—Subsec. (a)(1). Pub. L. 86–491 substituted fifteen years for ten years.

Effective Date of 1976 Amendment

Amendment by Pub. L. 94–433 effective Oct. 1, 1976, see section 406 of Pub. L. 94–433, set out as a note under section 1101 of this title.

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.-905 in the Legal Encyclopedia: Veterans

In this entry about 38-U.S.C.-905, find legal reference material, bibliographies and premiere content related to veterans in the American Encyclopedia of Law, presenting a comprehensive view of the United States veterans-specific issues, written by authorities in the field.

Title 38 – Veterans' Benefits in the Legal Encyclopedia: Compensation

In this entry about Title 38 – Veterans' Benefits, find legal reference material, bibliographies and premiere content related to compensation in the American Encyclopedia of Law, presenting a comprehensive view of the United States compensation-specific issues, written by authorities in the field.

38-U.S.C.-545 in the Legal Encyclopedia: Benefits

In this entry about 38-U.S.C.-545, 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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